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HomeMy WebLinkAbout09-09-19_AGENDA PACKETPLANNING COMMISSION AGENDA September 9, 2019 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA SEPTEMBER 9, 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 VACANT 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 September 9, 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 September 9, 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 26, 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 September 9, 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. 2019-01 AND MINOR EXCEPTION NO. 2019-01 {STRATEGIC PLAN NO. 3, 2} — Case Planner, Selena Kelaher Location: Archangel Michael Coptic Orthodox Church, 4405 West Edinger Avenue in the Single-Family Residential (R-1) zone. Request: The applicant is requesting approval of (1) a conditional use permit to expand the existing parking lot, add additional seating within the existing facility, and demolish five single-family dwellings to construct a new two-story 9,998 sq. ft. community service building, and (2) a minor exception to allow the height of the new two-story community service building to exceed the maximum building height standard. Environmental Determination: In accordance with the California Environmental Quality Act (CEQA), the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332 of the CEQA Guidelines - Class 32 In-Fill Development Projects. This exemption applies to infill development provided it is consistent with the General Plan and zoning code; the project site is less than five acres, surrounded by urban uses, does not have any noise or traffic impacts, and can be served by existing utilities. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Based on this analysis, Notice of Exemption, Environmental Review No. 2017-97 will be filed for this project. RECOMMENDED ACTIONS: a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-01 AS CONDITIONED, TO ALLOW FOR THE CONSTRUCTION OF A 2-STORY, 9,928- SQUARE FOOT COMMUNITY SERVICE BUILDING AND ADDITIONAL SEATS WITHIN THE EXISTING CHURCH FOR ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH LOCATED AT 4405 WEST EDINGER AVENUE; and b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2019-01 TO ALLOW THE CONSTRUCTION OF A TWO-STORY (32 FOOT, 5 INCH) 9,928-SQUARE FOOT COMMUNITY SERVICE BUILDING FOR ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH LOCATED AT 4405 WEST EDINGER AVENUE General Notes: Legal notice published in the Orange County Reporter on August 30, 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. Planning Commission Agenda 4 September 9, 2019 2. CONDITIONAL USE PERMIT NO. 2019-29 {STRATEGIC PLAN NO. 3,2} — Case Planner, Fernanda Arias Location: I Can Barbeque Restaurant, 414 West Fourth Street in the Specific Development No. 84 (SD-84) zone. Request: The applicant is requesting approval of a conditional use permit to allow a Type 41 (On Sale Beer & Wine – Eating Place) Alcoholic Beverage Control (ABC) License for the sale of beer and wine for on-premises consumption at a new restaurant. Environmental determination: In accordance with the California Environmental Quality Act (CEQA), the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15061 (b)(3) (General Rule). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the operation of an alcoholic beverage control license to sell beer and wine at a bona-fide restaurant. Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-67 will be filed for this project. RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-29 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT I CAN BARBECUE RESTAURANT LOCATED AT 414 WEST FOURTH STREET General Notes: Legal notice published in the Orange County Reporter on August 30, 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. CONDITIONAL USE PERMIT NO. 2019-30, CONDITIONAL USE PERMIT NO. 2019- 31, VARIANCE NO. 2018-10 {STRATEGIC PLAN NO. 3,2} — Case Planner, Selena Kelaher Location: 301 North Tustin Avenue and 325 North Tustin Avenue in the General Commercial (C2) zone. Request: The applicant proposes to demolish the existing service station, car wash, and convenience store to construct a new service station with a 3,040 sq. ft. convenience store and new automated car wash. The applicant is requesting approval of (1) a conditional use permit to allow a car wash, (2) a conditional use permit to allow a convenience store to operate 24 hours a day and (3) an amendment to a variance to allow a reduction in the minimum yard standard. Environmental determination: In accordance with the California Environmental Quality Act (CEQA), the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332, Class 32, In-fill Development Projects. This exemption applies to in-fill development provided it is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and Planning Commission Agenda 5 September 9, 2019 surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. Based on this analysis, Notice of Exemption, Environmental Review No. 2019-69 will be filed for this project. RECOMMENDED ACTIONS: a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AS CONDITIONED TO ALLOW A CAR WASH AT THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE; b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO VARIANCE NO. 2018- 10 TO ALLOW A REDUCTION IN REQUIRED YARDS FOR A SERVICE STATION AT 325 NORTH TUSTIN AVENUE AND FOR A CAR WASH AT 301 NORTH TUSTIN AVENUE; and c) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-31 AS CONDITIONED TO ALLOW 24 -HOUR OPERATIONS OF A RETAIL STORE LOCATED AT 325 NORTH TUSTIN AVENUE General Notes: Legal notice published in the Orange County Reporter on August 30, 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. 4. CONDITIONAL USE PERMIT NO. 2019-23 {STRATEGIC PLAN NO. 3,2} — Case Planner, Jerry Guevara Location: 1825 East Newport Circle in the Light Industrial (M1) zone. Request: The applicant is requesting approval of a conditional use permit to renew the entitlements of an existing 60-foot tall major wireless communications facility disguised as a mono-palm. Environmental determination: In accordance with the California Environmental Quality Act (CEQA), the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities). This exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project consists of the renewal of a permit and minor alterations to the existing wireless communications facility. Based on this analysis, Notice of Exemption, Environmental Review No. 2019-25 will be filed for this project. Planning Commission Agenda 6 September 9, 2019 RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-23 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1825 EAST NEWPORT CIRCLE General Notes: Legal notice published in the Orange County Reporter on August 30, 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. 5. CONDITIONAL USE PERMIT NO. 2019-24 {STRATEGIC PLAN NO. 3,2} — Case Planner, Vince Fregoso Location: Wine Exchange, 1544 East Warner Avenue in the Specific Development 8 (SD-8) zone. Request: The applicant is requesting approval of a conditional use permit to allow a Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) license for the sale of beer, wine and distilled spirit for consumption off the premises, and a Type 42 (On Sale Beer & Wine- Public Premises) ABC license for the sale of beer and wine for on-premise consumption at an existing establishment. In addition, the applicant is requesting a Public Convenience and Necessity (PCN) Letter due to an overconcentration of licenses in the census tract. Environmental determination: In accordance with the California Environmental Quality Act the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities). This exemption applies to the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing commercial building. Based on this analysis, Notice of Exemption, Environmental Review No. 2019-58 will be filed for this project. RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-24 TO ALLOW A TYPE 21 AND TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1544 EAST WARNER AVENUE General Notes: Legal notice published in the Orange County Reporter on August 30, 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. Planning Commission Agenda 7 September 9, 2019 6. CONDITIONAL USE PERMIT NO. 2019-25 {STRATEGIC PLAN NO. 3,2} — Case Planner, Jerry Guevara Location: Eco Town, 3309 South Bristol Street, Unit B in the Community Commercial (C1) zone. Request: The applicant is requesting approval of a conditional use permit to establish a second-hand store. Environmental determination: In accordance with the California Environmental Quality Act (CEQA), the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities) which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed project does not involve a change in use or expansion of use and it is to allow the operation of a secondhand store with minor proposed tenant improvements. Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-16 will be filed for this project. RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-25 AS CONDITIONED TO ESTABLISH A SECONDHAND STORE AT THE PROPERTY LOCATED AT 3309 SOUTH BRISTOL STREET, UNIT B General Notes: Legal notice published in the Orange County Reporter on August 30, 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. 7. ZONING ORDINANCE AMENDMENT NO. 2019-04 {STRATEGIC PLAN NO. 3,2} — Case Planner, Jerry Guevara Location: Citywide Request: The City of Santa Ana is requesting approval of a zoning ordinance amendment to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code prohibiting cyber cafés as a permitted use citywide. Environmental determination: In accordance with the California Environmental Quality Act (CEQA), the project is exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3). The exemption applies to projects covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The activity is not subject to CEQA as it can be seen with certainty that there is no possibility that this code amendment may have a significant effect on the environment. Based on this analysis, Notice of Exemption, Environment Review No. 2019-68 will be filed upon adoption of this ordinance. Planning Commission Agenda 8 September 9, 2019 RECOMMENDED ACTIONS: Recommend that the City Council adopt an ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-45, 41-198.200, 41-365, 41-377 AND 41-424 OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE PROHIBITING CYBER CAFÉS AS A PERMITTED USE CITYWIDE General Notes: Legal notice published in the Orange County Register on August 30, 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. * * * END OF BUSINESS CALENDAR * * * COMMENTS 8. STAFF COMMENTS 9. COMMISSION MEMBER COMMENTS ADJOURNMENT – The next regular meeting will be held on Monday, September 23, 2019 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • CUP 2019-27; 19-26; 19-28: 501 N. French - to re-purpose an existing 2,024-square foot office building to operate a small craft brewery, restaurant and tasting room, with after- hours operation on Friday and Saturday until 1:00 a.m. • CUP19-18:923 N. Santiago Street #C - to convert an existing communal apartment laundry room into a publicly accessible laundromat (Depot at Santiago) • SPR19-01; DBA19-01: 114 E., Fifth Street (First American Title) - to allow construction of a mixed-use development consisting of 220 residential units and 12,350 sq. ft. of commercial space. The project is requesting one concession/waiver to allow a reduction of required onsite parking for providing 5 percent affordable units for very-low income families. This page left blank intentionally. 1 PLANNING COMMISSION MINUTES August 26, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 26, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:34 P.M. ATTENDANCE COMMISSIONERS Present: DAVID BENAVIDES CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair KENNETH NGUYEN COMMISSIONERS Absent: ANGIE CANO FELIX RIVERA PLANNING & BUILDING AGENCY STAFF Present: KRISTINE RIDGE, City Manager MINH THAI, Executive Director LISA STORCK, Assistant City Attorney VINCE FREGOSO, Principal Planner JERRY GUEVARA, Assistant Planner IVAN OROZCO, Assistant Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE INTRODUCTION: City Manager Kristine Ridge introduced herself to the Commission and provided information on her background. PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF AUGUST 12, 2019 MOTION: Approve Minutes. MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Benavides, Contreras-Leo, McLoughlin, Nguyen (4) NOES: None (0) A - 1 2 PLANNING COMMISSION MINUTES August 26, 2019 ABSTAIN: None (0) ABSENT: Cano and Rivera (2) B. EXCUSED ABSENCES MOTION: Excuse absent commission members: Cano and Rivera MOTION: Benavides SECOND: Nguyen VOTE: AYES: Benavides, Contreras-Leo, McLoughlin, Nguyen (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Cano, Rivera (2) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2019-18 — Case Planner, Jerry Guevara 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. The applicant has requested the matter be continued to a future meeting. MOTION: Continue the matter until September 23, 2019. MOTION: Benavides SECOND: Contreras-Leo VOTE: AYES: Benavides, Contreras-Leo, McLoughlin, Nguyen (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Cano, Rivera (2) A - 2 3 PLANNING COMMISSION MINUTES August 26, 2019 2. VARIANCE NO. 2019-03 — 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. Case Planner Orozco provided a staff presentation. Commission discussion ensued regarding site equipment. Chair McLoughlin opened the Public Hearing. The following individual spoke. • The applicant spoke in support of the matter. There were no other speakers and the Public Hearing was closed. MOTION: 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. MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Benavides, Contreras-Leo, McLoughlin, Nguyen (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Cano, Rivera (2) 3. GENERAL PLAN AMENDMENT NO. 2019-02 AND VARIANCE NO. 2019-04 — 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. Case Planner Guevara provided a staff presentation. Commission discussion ensued regarding setback requirements. The following individual submitted a written comment in opposition to the matter. • Loretta Schwary Chair McLoughlin opened the Public Hearing. The following individuals spoke. A - 3 4 PLANNING COMMISSION MINUTES August 26, 2019 • The applicant spoke in support of the matter. • Loretta Schwary spoke in opposition to the matter; expressed concern with parking, graffiti, trash and bio-hazards. There were no other speakers and the Public Hearing was closed. Discussion ensued regarding parking. Staff indicated the site meets parking requirements. Staff will work with speaker to address other concerns. MOTION: 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 ***END OF BUSINESS CALENDAR * * * COMMENTS 5. STAFF COMMENTS – None. 6. COMMISSION MEMBER COMMENTS • All Commissioner thanked City Manager Ridge for attending the meeting. • Vice Chair Contreras-Leo thanked staff and wished everyone a happy Labor Day. • Chair McLoughlin thanked Commission for re-electing him as Chair. MOTION: Nguyen SECOND: Benavides VOTE: AYES: Benavides, Contreras-Leo, McLoughlin, Nguyen (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Cano, Rivera (2) A - 4 5 PLANNING COMMISSION MINUTES August 26, 2019 6:15 P.M. ADJOURNMENT –The next regular meeting will be held on September 9, 2019 at 5:30 p.m.in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A - 5 This page left blank intentionally. 1-1 1-2 1-3 1-4 1-5 1-6 1-7 This page left blank intentionally. 1-8 EXHIBIT 1 1-9 This page left blank intentionally. 1-10 Resolution No. 2019-xx Page 1 of 10 LS 9.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-01 AS CONDITIONED, TO ALLOW THE CONSTRUCTION OF A 2-STORY, 9,928-SQUARE FOOT COMMUNITY SERVICE BUILDING AND ADDITIONAL SEATS WITHIN THE EXISTING CHURCH FOR ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH LOCATED AT 4405 WEST EDINGER 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. Mariam Solman with Rakoty Associate Architects, representing Archangel Michael Coptic Orthodox Church (“Applicant”), is requesting approval of Conditional Use Permit No. 2019-01 as conditioned, to demolish five single-family dwellings and allow for the construction of a new 9,928- square foot community service building, to continue operations of the existing church and add 110 additional seats in the mezzanine and expand the parking lot for a total of 156 parking spaces at 4405 West Edinger Avenue. B. Pursuant to Section 41-232.5 of the Santa Ana Municipal Code, a conditional use permit (CUP) is required for churches and accessory church buildings. C. Conditional Use Permit No. 2019-01 came before the Planning Commission of the City of Santa Ana on January 28, 2019, for a duly noticed public hearing. Based on the public comments received, the Commission voted to continue the item for 6 months. D. Conditional Use Permit No. 2019-01 came before the Planning Commission of the City of Santa Ana on September 9, 2019, for a duly noticed public hearing. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2019-01: 1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. 1-11 Resolution No. 2019-xx Page 2 of 10 Archangel Michael Coptic Orthodox Church has been providing a place of worship, gathering and religious teachings to the community since the 1980s. The granting of this CUP will allow the church to provide for more on-site parking (156 spaces), increase the seating capacity within the existing church (110 additional seats, 434 seats total) and provide a space for ancillary church gatherings in a community service building. In addition, vehicular circulation of the site will be improved by providing two points of ingress and egress along Edinger Avenue as well as a dedicated on-site drop off area. The planned facilities will offer greater worship and fellowship, as well as provide community meeting facilities. These types of uses become focal points and gathering places within a community, serving all. 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. Archangel Michael Coptic Orthodox Church is not anticipated to create any detrimental impacts to persons residing or working in the area. The project meets the parking standards of the Santa Ana Municipal Code. To address potential parking concerns, the City hired a traffic engineering firm, Urban Crossroads, to conduct a parking study. The study found that the during typical weekday and weekend activities the 156 space parking lot will provide adequate parking to accommodate church activities. Further, a focused traffic study was prepared by Urban Crossroads and found that the project would not exceed any threshold of significance; therefore, will not result in an impact to traffic. The proposed site plan was designed to minimize noise impacts to the adjacent residential properties by orienting the buildings closer to Edinger Avenue. In addition, a 6-foot high decorative wall will be constructed and trees and vines will be planted along the perimeter of the property to screen views of the buildings from the residential properties. The project also meets all current Planning, Building, Fire, Police and Public Works standards. Conditions of approval are included to prohibit simultaneous use of the church and community service building, requiring two parking monitors on Sundays, use of temporary signage in the case of overflow parking, an off-site parking agreement to be in place for overflow parking needs, a special event parking plan, review of the church operations six months after the issuance of a certificate of occupancy of the community service building and to have a primary point of contact on file with the City. As such, the project will not be detrimental to the public health, safety and welfare. 1-12 Resolution No. 2019-xx Page 3 of 10 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed project will not create any negative or detrimental impacts on the economic viability of the surrounding area. The subject property and surrounding land uses are residential uses. The proposed project will not remove any job producing nor economically significant elements. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The project is consistent will all development standards identified in the Santa Ana Municipal Code with the exception of the height of the community service building, for which the Applicant has applied for Minor Exception No. 2019-01. Furthermore, the project was designed in accordance with Chapter 10 (Special Use Guidelines) and Section 12 (Religious Institution) of the Citywide Design Guidelines adopted by City Council in 2006. 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 community service building is ancillary to the church and is a permitted use within the Single-Family Residence (R1) zoning district subject to approval of a CUP by the Planning Commission. The project will not pose any adverse effects on the General Plan designation of Low Density Residential (LR-7). Specifically, the proposed project supports Policy 1.8 of the Land Use Element which encourages the development of non-profit recreational facilities and services. The project is consistent with both the general plan and the zoning of the property. The services currently being provided to the community will be enhanced through the implementation of the project. The proposed project will allow the church to better serve the community and will not adversely affect the applicable land use plan. Section 2. In accordance with the California Environmental Quality Act and the CEQA Guidelines, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided it is consistent with the General Plan and zoning code; the project site is less than five acres, surrounded by urban uses, does not have any noise or traffic impacts, and can be served by existing utilities. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. As a result, Categorical Exemption Environmental Review No. 2017-97 will be filed for this project. 1-13 Resolution No. 2019-xx Page 4 of 10 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, 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-01 as conditioned in “Exhibit A” attached hereto and incorporated as though fully set forth herein for the project located at 4405 West Edinger 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 September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of September, 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS Commissioners: _______________________ Mark McLoughlin Chairperson 1-14 Resolution No. 2019-xx Page 5 of 10 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 September 9, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 1-15 Resolution No. 2019-xx Page 6 of 10 EXHIBIT A Conditions for Approval for Conditional Use Permit No. 2019-01 Conditional Use Permit No. 2019-01 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 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. All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 23) and the staff report exhibits. 2. 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 the conditional use permit must be amended. 3. The church operating hours shall be limited to 5:00 am to 11:00 pm for all activities, except for the following: a. The church may remain open until 1:00 am on the following Coptic Church holidays: New Year’s Eve, Easter Eve, Epiphany and Christmas (celebrated on January 7); and b. Overnight vigils may be held including; Saturdays during advent (the month preceding the Coptic Christmas), Pascha (Holy week), Feast of the Resurrection (Easter Sunday) and feasts vigils; and c. Overnight religious trainings may be held up to twelve (12) times per calendar year. 4. The start and end times of church services shall be spaced a minimum of one half- hour apart to minimize the overlap between departing attendees and arriving attendees. 5. There shall be no simultaneous use of the church and community service building. 6. The basement within the existing church shall be limited in use as ancillary storage area and restrooms. 1-16 Resolution No. 2019-xx Page 7 of 10 7. The community service building shall be utilized for church-related functions only and subject to the operating hours listed in Condition No. 3. No full-time educational school may occur on the premises. 8. A monthly schedule of events shall be posted on the church’s website. The schedule of events on the website shall be updated annually, and notice regarding special events shall be posted as applicable. 9. Prior to issuance of a certificate of occupancy, the Applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney, securing off-site parking within a ½ mile radius of the site to be used in the case that overflow parking is needed, or if greater than a ½ mile radius, that shuttle service will be provided. 10. A minimum of two (2) parking monitors shall be on-site on Sundays at 7:30 am until 30 minutes after liturgy services. One monitor shall monitor the capacity of the parking lot and the other monitor shall monitor on-street parking (West Edinger Avenue, West Regent Drive, South Gates and Lilac Avenue) and, if applicable, the overflow parking lot(s). 11. If the parking lot reaches capacity, temporary signs shall be posted on-site at both driveways indicating the lot is full and include the location (including address) of the overflow parking lot. Signs should be removed 30 minutes after use of the site or once the parking lot capacity is below 90% capacity. 12. Each year (at the beginning of the calendar year) the church shall provide the Planning Division with a list of scheduled events or occasions which the occupancy/attendance is expected to exceed a typical Sunday service. The list shall include the dates of the event, hours of operation, the anticipated occupancy/attendance. The list may be modified throughout the year with advanced notice, a minimum of 30 days prior to the commencement of any special event and subject to compliance with Condition No. 13. 13. Prior to any special event or occasion for which the occupancy/attendance is expected to exceed a typical Sunday service, a detailed Special Event Parking Plan shall be submitted to the City a minimum of 30 days prior to the commencement of any special event on the premises. The plan shall include details including, but not limited to: the dates of the event, hours of operation, the anticipated occupancy/attendance of the event, the location of all off-site parking areas to be used and the number of vehicles that can be accommodated, agreements that have been entered into for temporary parking and the types of transportation to be used to/from the off-site parking locations and the site, and notification/outreach efforts to the neighborhood regarding the event/occasion. 14. For any special event or occasion for which the occupancy/attendance is expected to exceed a typical Sunday service, a minimum of four (4) parking monitors are required. The parking monitors shall monitor on-street parking on West Edinger 1-17 Resolution No. 2019-xx Page 8 of 10 Avenue, West Regent Drive, South Gates and Lilac Avenue, 30 minutes before until 30 minutes after the event. 15. Each year (at the beginning of the calendar year) the church shall provide Planning Division staff with a primary point of contact, phone number and email address. The point of contact will serve as a Good Neighbor Liaison and be responsible for responding to City staff and concerned citizens. 16. Six months after the issuance of a certificate of occupancy of the community service building, a parking study shall be conducted on a Sunday, including parking counts of on-street parking within the residential neighborhood. The church shall pay for the costs associated with the parking study and the review process, with the City having oversight of the contract. Any recommendations within the report shall be implemented within three months or be considered by the Planning Commission. 17. This project shall be reviewed by Planning Division staff annually for three years after issuance of the Certificate of Occupancy for the community service building in order to monitor any parking or traffic impacts that may arise from the operations. 18. A decorative 6-foot solid masonry wall shall be constructed along Regent Drive. There shall be no pedestrian or vehicular gates along the wall. 19. A solid masonry wall shall be constructed along the exterior property lines abutting the residential parcels prior to the commencement of demolition of the existing structures or other construction activity. 20. The landscaping along Regent Drive shall be irrigated and landscaping maintained consistent with the approved landscape plan which shall include vines. 21. Prior to the issuance of a building permit, a lot merger to create one lot shall be recorded. 22. Prior to the issuance of a building permit, a construction phasing and construction parking management plan shall be submitted to the City. Temporary construction fencing including green screen mesh shall be installed. 23. The Applicant is responsible for the removal of all graffiti on the premises. The graffiti shall be removed within 72 hours of occurrence. 24. 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, 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 1-18 Resolution No. 2019-xx Page 9 of 10 the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different, both the Developer 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 maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce 1-19 Resolution No. 2019-xx Page 10 of 10 use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. II. The following are requirements that will need to be addressed and/or approved by the Orange County Fire Authority prior to issuance of a building permit or grading permit (whichever comes first): a. Fire master plan (service code PR145) b. Architectural (service codes PR200-PR285) c. Underground piping for private hydrants and fire sprinkler system (service code PR470-PR475) d. Fire sprinkler system (service codes PR400-PR465) Prior to concealing interior construction: a. Fire alarm system (service code PR500-PR520) b. Hood and duct extinguishing system (service code PR 335) 1-20 EXHIBIT 2 1-21 This page left blank intentionally. 1-22 Resolution No. 2019-xx Page 1 of 4 LS 9.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2019-01 TO ALLOW THE CONSTRUCTION OF A TWO-STORY 9,928-SQUARE FOOT COMMUNITY SERVICE BUILDING FOR ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH LOCATED AT 4405 WEST EDINGER 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. Mariam Soliman with Rakoty Associate Architects, representing Archangel Michael Coptic Orthodox Church (“Applicant”), is requesting approval of Minor Exception No. 2019-01, to allow the construction of a two-story 9,928-square foot community service building at 4405 West Edinger Avenue. B. Pursuant to Section 41-632 of the Santa Ana Municipal Code, a minor exception application is required for buildings that exceed the maximum permitted height of 27 feet up to 25 percent. C. Minor Exception No. 2019-01 came before the Planning Commission of the City of Santa Ana on January 28, 2019, for a duly noticed public hearing. Based on the public comments received, the Commission voted to continue the item for 6 months. D. Minor Exception No. 2019-01 came before the Planning Commission of the City of Santa Ana on September 9, 2019, for a duly noticed public hearing. E. The Planning Commission determines that the following findings, which must be established in order to grant this Minor Exception pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Minor Exception No. 2019-01: 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. EXHIBIT 2 1-23 Resolution No. 2019-xx Page 2 of 4 The subject site is located within the R-1 Single-Family Residence zoning district. The R-1 zone allows for a maximum building height of 2-stories/27 feet which is typical of a single-family dwelling. However, the proposed project is for a community service building that will be accessory to an existing church. The community service building is 2-stories in height but portions of the building are 32 feet 5 inches tall. The additional height is necessary to meet the California Building Code requirements for interior clearance and provide for an architectural design that is traditional of Coptic Orthodox churches. With regards to topography and geology, the property has a history of ground water intrusion into the basement of the existing church. As a result, it is disadvantageous and undesirable for the church to continue to use the existing church basement for community and parish programming. 2. That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting the minor exception will allow the church to construct a community service building that will serve the parish and allow the property owner to utilize the property to its maximum potential. The purpose of regulating building height is to preserve the visual environment and by ensuring that new development is harmonious in scale and character with the existing development. In this case the community service building will be approximately 60-feet from the closest single-family dwelling and will have decorative walls and enhanced landscaping with trees that will be installed along the perimeter of the site to help preserve the visual environment. Further, the height of the existing church is 35 feet, with the new building to be consistent in height. 3. That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The community service building will not exacerbate the existing height conditions. The existing church is 35-feet in height, the new community service building will be 32 feet, 5 inches; therefore, the approval of the minor exception will not create a new detriment to the public welfare or surrounding properties. The community service building will result in a positive addition to the community. 4. That the granting of a minor exception will not adversely affect the general plan of the City. 1-24 Resolution No. 2019-xx Page 3 of 4 With the exception of building height, the project is consistent with all development standards identified in the Single-Family Residence (R1) zoning district and the Santa Ana Municipal Code. Furthermore, the project was designed in accordance with Chapter 10 (Special Use Guidelines) and Section 12 (Religious Institution) of the Citywide Design Guidelines adopted by City Council in 2006. The project will not pose any adverse effects on the General Plan designation of Low Density Residential (LR-7). Specifically, the proposed project supports Policy 1.8 of the Land Use Element which encourages the development of non-profit recreational facilities and services. The project is consistent with both the general plan and the zoning of the property. The proposed project will allow the church to better serve the community and will not adversely affect the applicable land use plan. Section 2. In accordance with the California Environmental Quality Act and the CEQA Guidelines, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided it is consistent with the General Plan and zoning code; the project site is less than five acres, surrounded by urban uses, does not have any noise or traffic impacts, and can be served by existing utilities. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. As a result, Categorical Exemption Environmental Review No. 2017-97 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, 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. 1-25 Resolution No. 2019-xx Page 4 of 4 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2019-01 for the project located at 4405 West Edinger 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 September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of September, 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 September 9, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 1-26 EXHIBIT 3 1-27 This page left blank intentionally. 1-28 1/18/2019 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 CUP No. 2019-1/ME No. 2019-1, Archangel Michael Coptic Orthodox Church4405 West Edinger Avenue Exhibit 3 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 1-29 This page left blank intentionally. 1-30 EXHIBIT 4 1-31 This page left blank intentionally. 1-32 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Site Photo EXHIBIT 4 1-33 This page left blank intentionally. 1-34 EXHIBIT 5 1-35 This page left blank intentionally. 1-36 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Site Plan EXHIBIT 5 1-37 This page left blank intentionally. 1-38 EXHIBIT 6 1-39 This page left blank intentionally. 1-40 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Community Service Building 1st Floor Plan EXHIBIT 6 1-41 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Community Service Building 2nd Floor Plan EXHIBIT 6 1-42 EXHIBIT 7 1-43 This page left blank intentionally. 1-44 NORTH SOUTH WEST EAST CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Elevations EXHIBIT 7 1-45 This page left blank intentionally. 1-46 EXHIBIT 8 1-47 This page left blank intentionally. 1-48 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Landscape Plan EXHIBIT 8 1-49 This page left blank intentionally. 1-50 EXHIBIT 9 1-51 This page left blank intentionally. 1-52 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Rendering EXHIBIT 9 1-53 This page left blank intentionally. 1-54 EXHIBIT 10 1-55 This page left blank intentionally. 1-56 4-11-57 4-21-58 4-31-59 4-41-60 4-51-61 4-61-62 4-71-63 4-81-64 4-91-65 4-101-66 EXHIBIT 11 1-67 This page left blank intentionally. 1-68 Page 1 of 2 ARCHANGEL MICHAEL COPTIC CHURCH REPORT REGARDING COMMUNITY OUTREACH AND PARKING AND SECURITY MEASURES – AS OF JUNE 26, 2019 Archangel Michael's Board of Directors and Deacons are providing below some of the policies and initiatives that the Church has put in place to address comments from the community, as well as at the Planning Commission public hearing regarding the proposed community service building on January 28, 2019. SUMMARY OF COMMUNITY OUTREACH The Church held a community meeting with members of the Little Texas community where the Church presented the proposed community service building project on August 28, 2017. In addition, there are have been two other meetings with the Little Texas and Riverview West neighborhood, held on August 28, 2018 and November 18, 2018. The Church is holding a fourth community meeting on June 26, 2019. (Agenda for June 26, 2019 meeting is attached as Exhibit A.) Since the January 2019 Planning Commission hearing, the Church has mailed two letters. The first letter was sent in April 2019 and summarized the parking and security measures implemented by the Church, and introduced a community liaison, Father Kyrillos. The letter provided his cell phone number and email address, and invited the community to reach out with any comments or questions. (Exhibit B: April 2019 letter and related mailing list.) The Church sent a second letter on June 6, 2019 inviting neighbors to the June 26, 2019 community meeting. (Exhibit C June 6, 2019 letter and related mailing list.) SUMMARY OF PARKING MEASURES ➢ Security Patrols In addition to security patrols employed directly by the Church and Church volunteers (including boy and girl scouts) who assist with the enforcement of parking policies, the Church has hired a security company, Patrol Masters - Tailored Security Solutions, on an annual basis. Their shift is from 7:30 am until 1:00 pm for Sundays and the times and number of guards are updated as necessary for Holy Days . Security vehicles patrol the neighborhood and the offsite school parking lot, and any suspicious or criminal activities that are observed within the neighborhood is addressed by the contracted security guards. The Church requires the security company to provide vehicular and foot patrol every Sunday, as well as during feasts such as Christmas and Easter or special events. A minimum of three parking monitors and the contracted security company are present for all Sunday services and Holy Days. 1-69 Page 2 of 2 ➢ Offsite Parking Furthermore, the Church has acquired additional offsite parking spaces with the school district at Newhope Elementary School through an annual lease contract. Parking monitors have been logging parking patterns on a weekly basis on Sundays for both the existing Church parking and the school's offsite parking lot every half hour for services on Sundays. (Exhibit D: Parking Logs.) ➢ No Church Parking Signs Posted in Neighborhood Security guards and parking monitors post ‘NO CHURCH PARKING’ signs on West Lilac and South Gate, along with traffic cones in necessary areas and no jaywalking signs on East and West Edinger. (Exhibit E: Directional Sign/Handout and No Parking Signs.) SUMMARY OF OUTREACH TO CHURCH COMMUNITY REGARDING NEIGHBORHOOD CONDUCT The church sends instructions and announcements to the congregation through social media, direct text messages to subscribers, and by the Church Fathers through announcements from the pulpit during the services. Text messages are sent prior to, during and after the services to remind congregants of the parking policies and to instruct congregants that jaywalking is not permitted. In the event of any violations, the Fathers and Deacons make announcements from the pulpit stating the vehicle make, model and license plate of any vehicles violating the Church's parking policies. (Exhibit F: Sample text messages.) As necessary, Church Fathers speak to individual congregants who have violated the policies, and an ad hoc parking committee has been established by Church members, Deacons and Fathers to address parking issues and perform outreach to any violators. SUMMARY OF PLANS FOR HOLY DAYS AND SPECIAL EVENTS WHERE ADDITIONAL PARKING IS NEEDED OR WHERE SCHOOL PARKING IS NOT AVAILABLE For Good Friday, when the overflow school parking lot was unavailable (as it was a school day), the Church obtained overflow parking from a nearby shopping center and provided a shuttle service to and from the Church. In addition, security patrols were in operation. Because this year several neighbors complained that congregants were parking within the neighborhood during Good Friday and Holy Week, for future Holy Weeks, the Church will employ an additional security guard and have additional volunteers on-site to assist with parking. For special events, such as life cycle events and speakers, parking monitors will also be on-site to direct congregants and guests into the Church parking lot and, if necessary, any overflow lots. 1-70 Exhibit A 1-71 Please note Archangel Michael Coptic Church's Parish is committed to having a strong and healthy relationship with the surrounding community. In order for communications to be productive, the Parish is interested in having honest and respectful communications with its neighbors and focusing on the future and feasible measures to address any current concerns. ARCHANGEL MICHAEL COPTIC CHURCH AGENDA FOR COMMUNITY MEETING # 4 Date: June 26, 2019 Location: Location: Newhope Library Learning Center 122 N Newhope St, Santa Ana, CA 92703 Time 6:00 – 7:00 PM DISCUSSION AGENDA I. Welcome II. Overview of Archangel Michael Coptic Church's Community Outreach Measures A. Community Feedback: Need direct feedback from community so Church can address any comments or concerns III. Overview of Archangel Michael Coptic Church's New Policies & Procedures A. Parking Monitors & Security Patrols B. Offsite Parking and Shuttles C. No Parking Signs and Red Curbs Installed by City D. Outreach to Church Community Regarding Neighborhood Conduct E. Additional Measures for Special Events, Holy Feasts, and Life Cycle Events IV. Small Group/One-on-One Break Out Conversations (Suggested Topics) A. Effectiveness of new policies and procedures B. Potential areas for improvement C. Other comments or suggestions from community 1-72 Exhibit B 1-73 Dear neighbors: We hope you have noticed an improvement in the traffic and parking conditions on Sunday mornings.  We have hired a security patrol company to monitor parking, posted signage stating that there is no church parking in the neighborhood, and have monitors to direct cars to the overflow parking lot when the church parking lot fills up. In addition, in its commitment to further improve communication with our neighbors, Archangel Michael Coptic Orthodox Church wishes to introduce a new liaison, Father Kyrillos Guirguis.  The church wishes to have an open line of communication going forward. Therefore, Father Kyrillos now has a dedicated phone number and email account for this purpose. They are: 714-430-8851(mobile) hello@archangelmichaeloc.org Father Kyrillos looks forward to hearing from you should you have any questions or concerns about the community service building project or any other matter regarding the parish. We look forward to continuing to strengthen our relationship and communications with the community and hearing your comments and suggestions. Sincerely, Board of Deacons 1-74 Mailing List Owners & Occupants 1-75 108-244-01 1 CARLOS & REINA CAMPOS 1119 S NEWHOPE ST SANTA ANA CA 92704 108-244-02 2 JAMES & JULIA NGUYEN 4422 W REGENT DR SANTA ANA CA 92704 108-244-03 3 BAUDELIO C VELARDE 4418 W REGENT DR SANTA ANA CA 92704 108-244-04 4 LARRY CRUZ GOMEZ 4414 W REGENT DR SANTA ANA CA 92704 108-244-05 5 GEORGETTE MOUSA 4410 W REGENT DR SANTA ANA CA 92704 108-244-06 6 HARVEY S RAGHEB 3561 OLEANDER ST SEAL BEACH CA 90740 108-244-07 7 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH 9721 SHAMROCK AVE FOUNTAIN VALLEY CA 92708 108-244-13 & 30 8-9 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH 4405 W EDINGER AVE SANTA ANA CA 92704 108-244-14 10 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH 4325 W EDINGER AVE SANTA ANA CA 92704 108-244-10 11 ROLF RVP VETTER 4322 W REGENT DR SANTA ANA CA 92704 108-244-11 12 STEVEN E KNISLEY 17401 WINDCREEK CIR RIVERSIDE CA 92503 108-244-12 13 MARY & GEORGE REIS 1224 S GATES AVE SANTA ANA CA 92704 108-244-22 14 EARL J NICKLES 1205 S NEWHOPE ST SANTA ANA CA 92704 108-244-23 15 MY PHUONG THI NGUYEN 1129 S NEWHOPE ST SANTA ANA CA 92704 108-244-24 16 NHUAN DUC NGUYEN 1135 S NEWHOPE ST SANTA ANA CA 92707 108-244-25 17 ELZA DE GELAS 3622 VENTURE DR HUNTINGTON BEACH CA 92649 108-244-27 18 THAO THI NGUYEN 4417 W EDINGER AVE SANTA ANA CA 92704 108-244-28 19 PHUNG & MEGAN BUU 9661 SORREL ST FOUNTAIN VALLEY CA 92708 108-244-29 20 KIEM V HO 4421 W EDINGER AVE SANTA ANA CA 92704 108-245-01 21 JOSE & IRMA RAMIREZ 4413 W REGENT DR SANTA ANA CA 92704 108-245-02 22 GARY & SUSAN SALLEE 4407 W REGENT DR SANTA ANA CA 92704 108-245-03 23 FRANKLIN E RUTHERFORD 4321 W REGENT DR SANTA ANA CA 92704 108-245-04 24 PAWEL & BESSIE KOZINSKI 4315 W REGENT DR SANTA ANA CA 92704 108-245-05 25 CHARLIE & PAM P LY 1124 S GATES ST SANTA ANA CA 92704 108-245-06 26 HAI & VAN T NGUYEN 1118 S GATES ST SANTA ANA CA 92704 108-246-01 27 NHON THANH DINH 10051 FOWLER CIR WESTMINSTER CA 92683 108-246-02 28 CHAO & KHOU MOUA LY 1119 S GATES ST SANTA ANA CA 92704 108-246-03 29 BURLEY R JOHNSON 4229 W REGENT DR SANTA ANA CA 92704 108-246-04 30 JOSEPH FALDUTO 4227 W REGENT DR SANTA ANA CA 92704 108-246-05 31 PHUONG NGUYEN 4217 W REGENT DR SANTA ANA CA 92704 1-76 108-247-06 32 FRANCISCO ARREDONDO 4206 W REGENT DR SANTA ANA CA 92704 108-247-07 33 MIWA FUKUYAMA 4214 W REGENT DR SANTA ANA CA 92704 108-247-08 34 PATRICIA WELLS 4222 W REGENT DR SANTA ANA CA 92704 108-247-09 35 GLEN YOUNG 4230 W REGENT DR SANTA ANA CA 92704 108-247-10 36 LUAT & LE HUONG DO 4302 W REGENT DR SANTA ANA CA 92704 108-247-11 37 CAROL D CUTTING 1773 E BOLINGER CIR ORANGE CA 92865 108-247-12 38 DAVID TRAN 4229 W LILAC AVE SANTA ANA CA 92704 108-247-13 39 JESUS & IRENE VALENCIA 4221 W LILAC AVE SANTA ANA CA 92704 108-247-14 40 NASSER N RIZK 4213 LILAC AVE SANTA ANA CA 92704 108-247-15 41 SON H T PHAM 1018 S ELLIOTT PL SANTA ANA CA 92704 108-334-11 42 HONG VAN NGUYEN 1234 S KAREN AVE SANTA ANA CA 92704 108-334-12 43 MARCO GUDINO 1230 S KAREN AVE SANTA ANA CA 92704 108-334-13 44 JOHN & LAURA P LE 1222 S KAREN AVE SANTA ANA CA 92704 108-334-14 45 CHARLES & ETRAN PACKARD 1218 S KAREN AVE SANTA ANA CA 92704 108-334-15 46 NGAN THI DIEN 3078 ROANOKE COSTA MESA CA 92626 108-334-16 47 MARY LOU CASTRO 1206 S KAREN AVE SANTA ANA CA 92704 108-334-17 48 DENNIS HOANG 1202 S KAREN AVE SANTA ANA CA 92704 108-334-18 49 VICTOR & JOSEFINA VALDOVINOS 1134 S KAREN AVE SANTA ANA CA 92704 108-335-01 50 NATALIE A ALARCON 1121 S KAREN AVE SANTA ANA CA 92704 108-335-02 51 LEON MINH NHAN LE 1129 S KAREN AVE SANTA ANA CA 92704 108-335-03 52 JOE G & MARLENE CORTES 1133 S KAREN AVE SANTA ANA CA 92704 108-335-04 53 JOSE DE JESUS & MERCEDES PADILLA 1201 S KAREN AVE SANTA ANA CA 92704 108-335-05 54 ANA GARCIA 1205 S KAREN AVE SANTA ANA CA 92704 108-335-06 55 HUNG & NGA NGUYEN 1213 S KAREN AVE SANTA ANA CA 92704 108-335-07 56 MARIA PONCE 1217 S KAREN AVE SANTA ANA CA 92704 108-335-08 57 JORGE & MARIA VALLADARES 1221 S KAREN AVE SANTA ANA CA 92704 108-335-17 58 SUSANNA N LEE 1202 S NEWHOPE ST SANTA ANA CA 92704 108-335-21 59 TWIN PALM APT 12581 TWINTREE LN GARDEN GROVE CA 92840 108-335-22 60 ARTURO GONZALEZ PO BOX 9204 FOUNTAIN VALLEY CA 92728 108-335-23 61 VINH VAN NGUYEN 5522 RAINTREE ST YORBA LINDA CA 92886 1-77 108-335-24 62 EVERARDO GARCIA 1214 S NEWHOPE ST SANTA ANA CA 92703 108-335-25 63 SUSANNA N LEE 1202 S NEWHOPE ST SANTA ANA CA 92704 108-335-26 64 BARRY & KRISTINA COSTELLO 5040 BUSHNELL AVE RIVERSIDE CA 92505 108-335-27 65 THOA KIM BUI 1206 S NEWHOPE ST SANTA ANA CA 92704 108-335-28 66 THI NGUYEN 15582 BROOKHURST ST WESTMINSTER CA 92618 108-335-29 67 MASAHARU & HARUKO ABE 1218 NEWHOPE ST SANTA ANA CA 92704 108-335-30 68 FRED S MARTINEZ 25513 DAY LILY DR MURRIETA CA 92563 108-345-07 69 JORGE & CARMEN MAGALLON 1105 S KAREN AVE SANTA ANA CA 92704 108-345-08 70 MINH ANH TRAN 11353 PENNELL CIR FOUNTAIN VALLEY CA 92708 108-345-09 71 ELISANDRO PINEDA & ANA PINEDA FLORES 1117 S KAREN AVE SANTA ANA CA 92704 108-345-10 72 ALFREDO ARRAZOLA 15710 CANNA WAY 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11462 SUZETTE RIVER CIR FOUNTAIN VALLEY CA 92708 144-154-22 87 HIEP THI BUI 11474 SUZETTE RIVER CIR FOUNTAIN VALLEY CA 92708 144-154-23 88 TOMMY DANG 11486 SUZETTE RIVER CIR FOUNTAIN VALLEY CA 92708 144-161-01 89 ANH D TRUONG 11572 W EDINGER AVE FOUNTAIN VALLEY CA 92708 144-161-07 90 CUONG CHI DANG 11515 ROSEMARY AVE FOUNTAIN VALLEY CA 92708 144-161-08 91 DIEN MINH NGO 11525 ROSEMARY AVE FOUNTAIN VALLEY CA 92708 1-78 144-161-09 92 KATHLEEN M KUNZ PO BOX 3193 SHELL BEACH CA 93448 144-161-10 93 ETHAN NGUYEN 11549 ROSEMARY AVE FOUNTAIN VALLEY CA 92708 144-161-11 94 LINH PHUONG 16075 CATSKILL AVE FOUNTAIN VALLEY CA 92708 144-161-12 95 HUA PHUONG H B 16063 CATSKILL AVE FOUNTAIN VALLEY CA 92708 144-161-13 96 DU VAN NGUYEN 16049 CATSKILL AVE FOUNTAIN VALLEY CA 92708 144-161-14 97 MINH TRAN 16039 CATSKILL AVE FOUNTAIN VALLEY CA 92708 144-161-15 98 STEVENS FAMILY 16036 SHASTA ST FOUNTAIN VALLEY CA 92708 144-161-16 99 LAN H NGUYEN 16040 SHASTA ST FOUNTAIN VALLEY CA 92708 144-161-17 100 NAM TIEN NGUYEN 16046 SHASTA ST FOUNTAIN VALLEY CA 92708 144-161-18 101 KAY E CROUCH 16050 SHASTA ST FOUNTAIN VALLEY CA 92708 144-161-19 102 JULIA SAN TAN 16056 SHASTA ST FOUNTAIN VALLEY CA 92708 144-161-20 103 NGOC-BICH HUYNH BUI 16062 SHASTA ST FOUNTAIN VALLEY CA 92708 144-161-21 104 TRAM P DOAN 16068 SHASTA ST FOUNTAIN VALLEY CA 92708 144-161-22 105 RAMON ALATORRE 16076 SHASTA ST FOUNTAIN VALLEY CA 92708 144-161-36 106 BONNANI PROPERTIES 5622 RESEARCH DR HUNTINGTON BEACH CA 92649 144-161-41 107 SUMMERSTONE LLC 2040 S SANTA CRUZ #115 ANAHEIM CA 92805 144-162-02 108 HOA DUC NGUYEN 7735 E FIELDCREST LN ORANGE CA 92869 144-164-01 109 RICHARD A PRATT 16051 SHASTA ST FOUNTAIN VALLEY CA 92708 144-164-02 110 CHARLIE C & THUY T VU 16057 SHASTA ST FOUNTAIN VALLEY CA 92708 144-164-03 111 JUAN M CAMPOS 16061 SHASTA ST FOUNTAIN VALLEY CA 92708 144-164-04 112 BROTHERS JACOB & VAN TIFFANY 16069 SHASTA ST FOUNTAIN VALLEY CA 92708 144-164-05 113 ALICIA AVILA 4003 ROBERTS DR SANTA ANA CA 92704 144-164-06 114 LE CUONG VAN 16083 SHASTA ST FOUNTAIN VALLEY CA 92708 144-164-18 115 DAVID & DIANA LE 11623 ROSEMARY AVE FOUNTAIN VALLEY CA 92708 144-164-19 116 EDWARD LASATER 24901 LA VIDA DR LAGUNA NIGUEL CA 92677 144-164-20 117 JAY P GRABILL 1 SWEET BRIAR LN SAUSALITO CA 94965 144-164-21 118 SHARON KAY GILBERT 11589 ROSEMARY AVE FOUNTAIN VALLEY CA 92708 144-165-01 119 CITY OF FOUNTAIN VALLEY 10200 SLATER AVE FOUNTAIN VLY CA 92708 935-93-095 120 LIENHA THI NGO 11546 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-096 121 STEVEN P TRUONG 15791 EXETER ST WESTMINSTER CA 92683 1-79 935-93-097 122 JIE J LOU 11542 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-098 123 ROBERT M COURTNEY 11530 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-099 124 EDGAR GOMEZ 11532 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-100 125 ZEFAT TOMASIAN 11920 VERBENA CT FOUNTAIN VALLEY CA 92708 935-93-101 126 EVETTE CHIANG 11536 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-102 127 ANNA JOZEFOWICZ 11538 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-103 128 SILVA HUGO M 624 S STARBOARD ST SANTA ANA CA 92704 935-93-104 129 WILBERT MARRUFO 555 N FAIRVIEW ST SANTA ANA CA 92703 935-93-105 130 PEDRO FLORES 11560 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-106 131 PHU T TIEN 11562 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-107 132 HUONG V LE 11564 EDINGER AVE FOUNTAIN VALEY CA 92708 935-93-108 133 RUSSELL EVERETT PARKS 11568 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-110 134 ALEXANDER & NATALIA POLISHCHUK 16021 NEWHOPE WAY FOUNTAIN VALLEY CA 92708 935-93-111 135 TERUKO HASHIMA 1441 W 168TH ST GARDENA CA 90247 935-93-112 136 BAO VU 10212 THOMPSON DR HUNTINGTON BEACH CA 92646 935-93-113 137 RANDALL T HJORTH 16037 NEWHOPE WAY FOUNTAIN VALLEY CA 92807 935-93-114 138 DAWN E WOODRUFF 16041 NEWHOPE WAY FOUNTAIN VALLEY CA 92708 935-93-115 139 TYROND & TIA DUPLANTIER 16045 NEWHOPE WAY FOUNTAIN VALLEY CA 92708 935-93-116 140 TRAM T PHAM THOA 16024 NEWHOPE WAY FOUNTAIN VALLEY CA 92708 935-93-117 141 VI TRAN JACO 16028 NEWHOPE WAY FOUNTAIN VALLEY CA 92708 935-93-118 142 SEAN LE 16034 NEWHOPE WAY FOUNTAIN VALLEY CA 92708 935-93-119 143 ANH QUOC NGUYEN 16038 NEWHOPE WAY FOUNTAIN VALLEY CA 92708 935-93-120 144 TINA TRAN 16042 NEWHOPE WAY FOUNTAIN VALLEY CA 92708 935-93-121 145 JENNIFER MARIE TABAY 16048 NEWHOPE WAY FOUNTAIN VALLEY CA 92708 1-80 108-244-06 6 OCCUPANT 4406 W REGENT DR SANTA ANA CA 92704 108-244-07 7 OCCUPANT 4402 W REGENT DR SANTA ANA CA 92704 108-244-13 8 OCCUPANT 4319 W EDINGER AVE SANTA ANA CA 92704 108-244-30 9 OCCUPANT 4330 W REGENT DR SANTA ANA CA 92704 108-244-11 12 OCCUPANT 4314 W REGENT DR SANTA ANA CA 92704 108-244-25 17 OCCUPANT 1217 S NEWHOPE ST SANTA ANA CA 92704 108-244-28 19 OCCUPANT 4425 W EDINGER AVE SANTA ANA CA 92704 108-246-01 27 OCCUPANT 1113 S GATES ST SANTA ANA CA 92704 108-247-11 37 OCCUPANT 4301 W LILAC AVE SANTA ANA CA 92704 108-247-15 41 OCCUPANT 4205 W LILAC AVE SANTA ANA CA 92704 108-334-15 46 OCCUPANT 1214 S KAREN AVE SANTA ANA CA 92704 108-335-21 59 OCCUPANT 1230 S NEWHOPE ST SANTA ANA CA 92704 108-335-22 60 OCCUPANT 1229 S KAREN AVE SANTA ANA CA 92704 108-335-23 61 OCCUPANT 1233 S KAREN AVE SANTA ANA CA 92704 108-335-25 63 OCCUPANT 1134 NEWHOPE AVE SANTA ANA CA 92704 108-335-26 64 OCCUPANT 1122 S NEWHOPE ST SANTA ANA CA 92704 108-335-28 66 OCCUPANT 1222 NEWHOPE ST SANTA ANA CA 92704 108-335-30 68 OCCUPANT 1130 NEWHOPE ST SANTA ANA CA 92704 108-345-08 70 OCCUPANT 1113 S KAREN AVE SANTA ANA CA 92704 108-345-10 72 OCCUPANT 1118 S NEWHOPE ST SANTA ANA CA 92704 108-345-13 75 OCCUPANT 1102 S NEWHOPE ST SANTA ANA CA 92704 108-731-04 78 OCCUPANT 4419 W REGENT DR SANTA ANA CA 92704 144-154-14 81 OCCUPANT 11470 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-161-09 92 OCCUPANT 11537 ROSEMARY AVE FOUNTAIN VALLEY CA 92708 144-162-02 108 OCCUPANT 11701 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-162-02 108 OCCUPANT 11703 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-162-02 108 OCCUPANT 11705 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-162-02 108 OCCUPANT 11707 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-162-02 108 OCCUPANT 11751 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-162-02 108 OCCUPANT 11753 EDINGER AVE FOUNTAIN VALLEY CA 92708 1-81 144-162-02 108 OCCUPANT 11755 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-162-02 108 OCCUPANT 11757 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-162-02 108 OCCUPANT 11759 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-162-02 108 OCCUPANT 11761 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-162-02 108 OCCUPANT 11763 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-162-02 108 OCCUPANT 11765 EDINGER AVE FOUNTAIN VALLEY CA 92708 144-164-05 113 OCCUPANT 16075 SHASTA ST FOUNTAIN VALLEY CA 92708 144-164-19 116 OCCUPANT 11611 ROSEMARY AVE FOUNTAIN VALLEY CA 92708 144-164-20 117 OCCUPANT 11601 ROSEMARY AVE FOUNTAIN VALLEY CA 92708 935-93-096 121 OCCUPANT 11544 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-100 125 OCCUPANT 11534 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-103 128 OCCUPANT 11540 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-104 129 OCCUPANT 11558 EDINGER AVE FOUNTAIN VALLEY CA 92708 935-93-111 135 OCCUPANT 16025 NEWHOPE WAY FOUNTAIN VALLEY CA 92708 935-93-112 136 OCCUPANT 16031 NEWHOPE WAY FOUNTAIN VALLEY CA 92708 1-82 Exhibit C 1-83 June 6, 2019 Dear neighbors: We would like to invite you to a community meeting on June 26, 2019 from 6:00 – 7:00 p.m. at the Newhope Library located at 122 N Newhope St, Santa Ana, CA 92703. Our goal at the meeting is to go over all of the plans and policies we have implemented over the past 6 months to improve parking and circulation in order to minimize impacts on the neighborhood, and to discuss our continued efforts. In addition, we would like to hear feedback from you regarding our efforts to date. We hope you have noticed an improvement in the traffic and parking conditions on Sunday mornings. We have hired a security patrol company to monitor parking, posted signage stating that there is no church parking in the neighborhood, and have monitors to direct cars to the overflow parking lot when the church parking lot fills up. In addition, we have designated Father Kyrillos Guirguis to be the church's liaison to the community. The church wishes to have an open line of communication going forward. Should you have any questions or concerns, or if you would like to learn more about the church and its operations, please reach out to him. His contact details are below. Father Kyrillos has a dedicated phone number and email account for this purpose. They are: 714-430-8851(mobile) hello@archangelmichaeloc.org If you are not able to attend the meeting on June 26th and would like to set up a separate time to meet or talk, and/or if you would like to be kept informed of future community meetings, please contact Father Kyrillos directly and provide him with the best contact information for you. We look forward to continuing to strengthen our relationship and communications with the community and hearing your comments and suggestions. Sincerely, 
 Board of Deacons 1-84 Mailing List Owners & Occupants Of the Little Texas Neighborhood 1-85 1-86 1-87 1-88 1-89 1-90 Exhibit D 1-91 1-92 Archangel Michael Coptic Orthodox Church Parking Tabulations APRIL 2019 Time Church Parking Lot Offsite School Parking Sunday Sunday Sunday 4/28/2019 Sunday Sunday Sunday 4/28/2019 4/7/2019 4/14/2019 4/21/2019 no services 4/7/2019 4/14/2019 4/21/2019 no services 6:00 AM 2 4 100 0 0 0 29 0 6:30 AM 13 18 100 0 0 0 33 0 7:00 AM 40 40 100 0 0 0 33 0 7:30 AM 54 73 100 0 1 0 33 0 8:00 AM 92 100 100 0 8 10 33 0 8:30 AM 99 100 100 0 17 19 33 0 9:00 AM 99 99 100 3 30 30 33 0 9:30 AM 41 43 100 2 26 29 33 0 10:00 AM 89 90 98 0 27 29 30 0 10:30 AM 98 98 100 0 31 32 28 0 11:00 AM 99 100 100 0 31 32 33 0 11:30 AM 99 99 100 0 31 32 33 0 12:00 PM 99 99 100 0 30 32 33 0 12:30 PM 81 80 91 0 25 28 33 0 1:00 PM 40 33 85 0 7 19 33 0 1:30 PM 23 20 46 0 1 5 33 0 Page of 1 2 1-93 Archangel Michael Coptic Orthodox Church Parking Tabulations APRIL 2019 2:00 PM 11 7 46 0 0 0 33 0 Page of 2 2 1-94 Archangel Michael Coptic Orthodox Church Parking Tabulations MAY 2019 Time Church Parking Lot Offsite School Parking Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday 5/5/2019 5/12/2019 5/19/2019 5/26/201 9 5/5/2019 5/12/2019 5/19/2019 5/26/2019 6:00 AM 1 0 3 2 0 0 0 0 6:30 AM 11 12 11 14 0 0 0 0 7:00 AM 31 29 39 39 0 0 0 0 7:30 AM 70 61 66 69 0 0 0 0 8:00 AM 82 81 85 88 11 0 1 2 8:30 AM 99 99 99 100 19 22 17 25 9:00 AM 100 99 99 99 33 33 33 33 9:30 AM 82 91 83 79 33 30 30 33 10:00 AM 51 66 61 63 8 11 6 13 10:30 AM 81 75 71 69 17 22 10 16 11:00 AM 98 100 101 98 30 28 26 31 11:30 AM 100 100 100 99 33 33 30 26 12:00 PM 92 91 94 87 31 27 20 22 12:30 PM 79 85 80 81 17 10 13 11 1:00 PM 50 50 57 49 5 3 5 6 1:30 PM 33 29 37 29 0 0 3 1 Page of 1 2 1-95 Archangel Michael Coptic Orthodox Church Parking Tabulations JUNE 2019 Time Church Parking Lot Offsite School Parking Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday 6/2 6/9 6/16 6/23 6/30 6/2 6/9 6/16 6/23 6/30 6:00 AM 3 5 7 3 0 0 0 0 6:30 AM 11 18 17 10 0 0 0 0 7:00 AM 35 29 40 31 2 0 1 0 7:30 AM 71 61 81 61 5 5 9 0 8:00 AM 98 95 99 79 19 20 16 9 8:30 AM 99 99 100 93 30 31 32 21 9:00 AM 99 99 100 95 33 33 33 29 9:30 AM 79 81 82 80 21 26 23 21 10:00 AM 41 44 37 41 20 20 29 29 10:30 AM 88 81 91 93 25 28 30 29 11:00 AM 100 100 100 100 32 30 33 31 11:30 AM 100 100 100 100 33 31 33 32 12:00 PM 80 78 77 81 27 22 19 21 12:30 PM 51 39 44 46 14 11 15 16 1:00 PM 22 29 33 31 6 10 4 3 1:30 PM 17 19 30 27 1 3 0 0 Page of 1 1 1-96 Exhibit E 1-97 1-98 1-99 1-100 Exhibit F 1-101 1-102 EXHIBIT 12 1-103 This page left blank intentionally. 1-104 ! ARCHANGEL MICHAEL COPTIC CHURCH COMMUNITY MEETING NOTES # 4 DISCUSSION A GENDA I.Attendees: City of Santa Ana Representative: Candida Neal Archangel Michael Coptic Church Representatives: Mariam Soliman and Kirolos Nashaat Community Neighbors: 18 II.Overview of Archangel Michael Coptic Church's New Policies & Procedures
 A.Parking Monitors & Security Patrols (Sundays from 7:30 am - 1:00pm) B.Offsite Parking and Shuttles C.No Parking Signs and Red Curbs Installed by City D.Outreach to Church Community Regarding Neighborhood Conduct E.Additional Measures for Special Events, Holy Feasts, and Life Cycle Events F.Two notices have been mailed to the community in both March and June with contact information for Fr. Kyrilos providing his cellphone and email. III.Small Group/One-on-One Break Out Conversations (Suggested Topics) Date:June 26, 2019 Location:Location: Newhope Library Learning Center 122 N Newhope St, Santa Ana, CA 92703 Time 6:00 – 7:00 PM Please note Archangel Michael Coptic Church's Parish is committed to having a strong and healthy relationship with the surrounding community. In order for communications to be productive, the Parish is interested in having honest and respectful communications with its neighbors and focusing on the future and feasible measures to address any current concerns. 1-105 ! A.Request to have one on one or smaller discussion group was refused by neighbors. IV.Feedback and Comments from Community Neighbors A.Red curb added by city of Santa Ana on April 23rd, 2019, on corner or S Gate St. and W. Lilac Ave. improved clearance for traffic flow. B.Neighbor accused church representative of being “a bunch of carpet baggers” stating church is taking over the neighborhood. C.Several requests placed by multiple neighbors that the church moves to City of Irvine. D.Individual neighbor who supports the project feared speaking up in front of the group of neighbors. E.Neighbor claimed Church project is incorporating new elementary/ kindergarten school. F.Contact information for Church Liaison email and cellphone number was again shared with neighbors interested in direct communication with Church. V.Additional Notes Post Meeting A.Images sent to City Planner by neighbors claiming congregation parks on red curb were taken at a time when no services are being conducted making it less likely vehicle does not belong to a congregant. B.Claims by neighbors that congregants block fire hydrant is incorrect. Fire Department vehicles parking in a way that other cars can’t get by. Refer to images. C.Two letters have been sent out to neighbors in March and June from the church to community with direct email address and cell phone numbers to the Father Kyrilos. Please note Archangel Michael Coptic Church's Parish is committed to having a strong and healthy relationship with the surrounding community. In order for communications to be productive, the Parish is interested in having honest and respectful communications with its neighbors and focusing on the future and feasible measures to address any current concerns. 1-106 EXHIBIT 13 1-107 This page left blank intentionally. 1-108 11709-31 Parking Evaluation November 12, 2018 Ms. Selena Kelaher City of Santa Ana Planning and Building Agency, M20 20 Civic Center Plaza PO Box 1988 Santa Ana, CA 92702 SUBJECT: ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH PARKING STUDY Dear Ms. Selena Kelaher: Urban Crossroads, Inc is pleased to provide this Parking Study for the proposed Archangel Michael Coptic Orthodox Church development (“Project”), which is located at 4405 West Edinger Avenue in the City of Santa Ana. It is our understanding that the Project is proposing to expand the existing mezzanine and construct a new community service building. The mezzanine expansion will provide pew seating for approximately 110 parishioners in the existing Church’s sanctuary building. In addition, the Church is proposing the construction of a new two-story 9,928 square foot community service building. The community service building will be used to support a variety of uses currently housed in the basement level of the Church. These uses will include a multipurpose room, kitchen, Bethlehem, religious education/community programing meeting rooms, bathrooms, storage, and a religious library/bookstore. The Project Description suggests that the existing basement will be used primarily for ancillary storage. The Project Description indicates that the planned community service building will not be used during Church service activities, since the existing and planned parking supply will not support the concurrent use of both the community service building and the Church. This Parking Study was prepared under the direction of the City of Santa Ana to ensure that adequate parking supply exists for the proposed Archangel Michael Coptic Orthodox Church based on a review of the City of Santa Ana Municipal Code parking requirements and an evaluation of existing parking demand counts. ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH SITE PLAN The proposed Archangel Michael Coptic Orthodox Church site plan shown on Exhibit A includes the construction of a new 9,928 square foot community service building and the addition of 55 new parking spaces. Five existing single-family dwellings will be demolished to accommodate the new community service building and parking spaces. The Church is also proposing to expand the mezzanine in the existing sanctuary building. This expansion will include a total of 110 new pew seats. 1-109 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 2 of 14 11709-31 Parking Evaluation EXHIBIT A: ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH SITE PLAN CITY OF SANTA ANA MUNICIPAL CODE PARKING REQUIREMENTS Chapter 41 of the City of Santa Ana Municipal Code describes the Off-Street Parking General Requirements…Parking facilities shall be located on the same lot or site or on a lot or site contiguous thereto. Any property used for required parking shall be under the same ownership as the uses served or shall be restricted in such a manner as to prevent the severance of the parking facilities and use by sale, trade, lease or any other conveyance. Table 1 provides a summary of the applicable City of Santa Ana Municipal Code parking requirements. 1-110 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 3 of 14 11709-31 Parking Evaluation TABLE 1: CITY OF SANTA ANA MUNICIPAL CODE PARKING REQUIREMENTS Land Use Space Requirements Notes Churches, Chapels, and Religious Meeting Halls 1 per 3 fixed seats 1 per 50 sq. ft of floor area in seating areas without fixed seats "Seating areas" shall include congregation seating, prayer and cry rooms, pastor and choir areas, and similar areas Unspecified Uses 5 spaces per 1,000 sq. ft of gross floor area 1 space per 200 sq. ft of gross floor area equivalent Based on the City of Santa Ana Municipal Code §41-1411, §41-1420 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH PARKING REQUIREMENTS According to the City of Santa Ana Municipal Code, the parking requirements for Churches, Chapels, and Religious Meeting Halls is: “one (1) space for each three (3) fixed seats, plus one space for each fifty (50) square feet of floor area in seating areas without fixed seats.” For Unspecified Uses, the parking requirement is: “five (5) spaces for each one thousand (1,000) square feet of gross floor area.” Table 2 presents a summary of the parking requirements for the existing sanctuary building without the proposed expansion of the mezzanine. The City of Santa Ana Churches, Chapels, and Religious Meeting Halls parking requirements consist of areas with fixed seats, requiring 1 space for every 3 fixed seats. Table 2 shows that there is a parking requirement of 108 spaces for the existing sanctuary building use. TABLE 2: EXISTING SANCTUARY BUILDING PARKING REQUIREMENTS Building Type Seating Capacity Building Size Municipal Code Land Use Required Parking Rate1 Required Spaces Existing Sanctuary 324 16,798 sf Churches, Chapels, and Religious Meeting Halls 1 per 3 seats 108 1 Santa Ana Municipal Code Requirements as shown on Table 1 Table 3 presents a summary of the parking requirements for the proposed expansion of the mezzanine in the existing sanctuary building. According to the City of Santa Ana parking requirements, Churches, Chapels, and Religious Meeting Halls require 1 space for every 3 fixed seats. This requirement indicates that a total of 37 spaces are needed to support the proposed expansion of the mezzanine. 1-111 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 4 of 14 11709-31 Parking Evaluation TABLE 3: PROPOSED MEZZANINE PARKING REQUIREMENTS Building Type Seating Capacity Municipal Code Land Use Required Parking Rate1 Required Spaces Mezzanine 110 Churches, Chapels, and Religious Meeting Halls 1 per 3 seats 37 1 Santa Ana Municipal Code Requirements as shown on Table 1 Table 4 presents a summary of the parking requirements for the proposed community service building. For Unspecified Uses, the Municipal Code requires five spaces for every 1,000 square feet of gross floor area, or one space for every 200 square feet of gross floor area. This requirement translates into a total parking demand of 50 spaces for the community service building. Since the City of Santa Ana Municipal Code does not specify parking requirements for a community service building or similar areas, the parking requirements for unspecified uses most closely resembles the expected uses planned for the community service building. Other similar uses, such as offices, business and professional, have a lower parking demand rate of 1 space per 333 square feet and require fewer parking spaces. Therefore, this analysis relies on the more conservative unspecified use rates to estimate parking demands for the community service building. TABLE 4: PROPOSED COMMUNITY SERVICE BUILDING PARKING REQUIREMENTS Building Type Building Size Municipal Code Land Use Required Parking Rate1 Required Spaces Community Service 9,928 sf Unspecified Uses 1 per 200 sf 50 1 Santa Ana Municipal Code Requirements as shown on Table 1 Table 5 shows the parking requirements for the existing sanctuary building and the proposed expansion of the mezzanine. The 101 parking spaces provided for the existing sanctuary building and the 55 proposed additional parking spaces for the mezzanine amounts to a total Church parking supply of 156 parking spaces. The 145 parking spaces required for the existing sanctuary building, and proposed mezzanine do not exceed the planned on-site parking supply of 156 parking spaces, resulting in an excess of 11 parking spaces. It is important to recognize that the parking demands associated with the combined existing sanctuary building and mezzanine activity outlined in Table 5 does not include any concurrent parking demands associated with the planned community service building. The Church has indicated that the community service building and the Church will not be used at the same time. Additional conditions of approval or enforcement measures may be needed to ensure that both the Church and community service building are not used concurrently due to a lack of on -site parking to support both activities. 1-112 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 5 of 14 11709-31 Parking Evaluation TABLE 5: CHURCH WITH MEZZANINE PARKING REQUIREMENT SUMMARY Land Use Parking Requirments1 Parking Provided2 Variance Existing 108 101 -7 Mezzanine 37 55 +18 Total 145 156 +11 1 Based on the Santa Ana Municipal Code §41-1411, §41-1420 ² Source: Archangel Michael Coptic Orthodox Church Project Description Table 6 presents a summary of the parking requirements for the exclusive use of the proposed community service building. Since the community service building will not be used concurrently with the existing sanctuary building or planned mezzanine, the same parking spaces can effectively be shared by both uses. As shown in Table 6, the 156 spaces provided includes the existing 101 parking spaces in the Church parking lot with the addition of 55 new parking spaces. The 50-space parking requirement associated with the exclusive use of the community service building does not exceed the available on-site parking supply of 156 spaces. This translates into a parking surplus of 106 parking spaces for the exclusive use of the community service building and does not account for any concurrent Church and / or mezzanine activities. TABLE 6: PROPOSED COMMUNITY SERVICE BUILDING PARKING SUMMARY Land Use Parking Requirments1 Parking Provided2 Variance Community Service Building 50 156 +106 1 Based on the Santa Ana Municipal Code §41-1411, §41-1420 ² Source: Archangel Michael Coptic Orthodox Church Project Description EXISTING PARKING DEMAND To describe the existing weekday and weekend parking conditions, hourly parking counts were collected during a variety of conditions at the existing Archangel Michael Coptic Orthodox Church. To describe the existing on-street parking demands, hourly parking counts were collected to describe the number of vehicles in the Church parking lot as well as the number of vehicles parked on the following nearby residential streets: West Regents, South Gate, South Elliot, and Lilac Avenue. All parking counts were collected in coordination with the City of Santa Ana. The parking count worksheets included in Appendix B describe the number of vehicles utilizing the on- site Church parking lot as well as nearby on-street parking. Appendix C illustrates the on-street parking boundaries for the adjacent residential streets. Each street segment is outlined in red, defining the limits of the on-street parking counts. 1-113 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 6 of 14 11709-31 Parking Evaluation EXISTING WEEKDAY PARKING DEMANDS To describe typical weekday parking conditions, parking counts were collected on Tuesday, May 29th and Thursday, May 31st. The Archangel Michael Coptic Orthodox Church calendar of events included in Appendix A outlines the schedule of activities occurring throughout the day at the Church. Based on the calendar of activities, the parking counts on Tuesday, May 29th describe the parking demands associated with a Senior Citizen Meeting from 12:00 p.m. to 1:30 p.m. and simultaneous Bible Study Meetings from 7:00 p.m. to 9:00 p.m. The parking demands on Thursday, May 31st describe an Arabic Youth Meeting from 7:30 p.m. to 9:30 p.m. Table 7 presents a summary of the existing weekday church parking lot counts. As shown on Table 7, the peak weekday church parking demands approach 60 spaces and do not exceed the available existing parking supply of 101 spaces. The on-street parking counts collected on the neighboring residential streets do not suggest any church overflow parking demands during typical weekday conditions. TABLE 7: WEEKDAY CHURCH PARKING LOT COUNT SUMMARY Time Church Parking Lot On-Street Parking4 Tuesday Thursday Peak Demand3 Tuesday Thursday Peak Demand5 5/29/20181 5/31/20182 5/29/2018 5/31/2018 8:00 AM 8 5 8 67 69 69 9:00 AM 8 7 8 55 43 55 10:00 AM 7 10 10 43 34 43 11:00 AM 20 24 24 38 31 38 12:00 PM 32 21 32 37 40 40 1:00 PM 33 5 33 36 42 42 2:00 PM 8 6 8 44 39 44 3:00 PM 5 6 6 46 37 46 4:00 PM 5 9 9 42 37 42 5:00 PM 7 8 8 58 45 58 6:00 PM 8 6 8 60 56 60 7:00 PM 25 11 25 60 69 69 8:00 PM 60 20 60 70 78 78 9:00 PM 55 54 55 75 77 77 Peak 60 54 60 75 78 78 1 Based on counts taken on Tuesday, May 29th in the Church parking lot 2 Based on counts taken on Thursday, May 31st in the Church parking lot 3 Peak number of vehicles parked in the Church parking lot 4 Residential on-street parking totals based on counts provided in Appendix B 5 Peak number of vehicles parking on-street in residential neighborhoods 1-114 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 7 of 14 11709-31 Parking Evaluation EXISTING SATURDAY PARKING DEMANDS Additional hourly counts were collected to describe parking conditions on Saturday, June 9th, 2018. The Saturday calendar of events included the following events: Elementary, Jr High Sunday School, & High School Meeting from 7:00 p.m. to 9:00 p.m., and Midnight Praises from 9:00 p.m. to 10:00 p.m. Table 8 presents a summary of existing Saturday parking counts. TABLE 8: SATURDAY PARKING COUNT SUMMARY Time Church Parking Lot1 On-Street Parking2 8:00 AM 20 83 9:00 AM 54 79 10:00 AM 59 76 11:00 AM 9 68 12:00 PM 15 76 1:00 PM 13 82 2:00 PM 23 82 3:00 PM 15 76 4:00 PM 16 69 5:00 PM 18 73 6:00 PM 23 85 7:00 PM 84 96 8:00 PM 94 108 9:00 PM 58 101 10:00 PM 30 98 Peak 94 108 1 Based on counts taken in the Church parking lot on Saturday, June 9th, 2018 2 Residential on-street parking totals based on counts provided in Appendix B Table 8 indicates that the peak Saturday Church parking demand occurs during the late evening hours after 8:00 p.m. However, the counts show that the existing Saturday Church parking demands of 94 spaces do not exceed the available existing church parking lot capacity of 101 spaces. Therefore, the Church is not expected to create any on-street parking demand on the nearby residential streets during typical Saturday conditions. 1-115 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 8 of 14 11709-31 Parking Evaluation EXISTING SUNDAY PARKING DEMAND To describe the peak Church service activities, two additional counts were collected every thirty minutes during Liturgy services on Sunday, June 17th, and again on Sunday, September 16th. The Sunday activities included Arabic Liturgy from 7:00 a.m. to 9:00 a.m., English Liturgy from 9:30 a.m. to 12:00 p.m., and a College Meeting from 12:00 p.m. to 1:00 p.m. Table 9 presents a summary of the Sunday parking demands. TABLE 9: SUNDAY PARKING COUNT SUMMARY Time Church Parking Lot1 On-Street Parking2 Sunday Sunday Peak Demand3 Sunday Sunday Peak Demand4 6/17/2018 9/16/18 6/17/2018 9/16/18 6:00 AM 10 9 10 92 95 95 6:30 AM 25 16 25 92 95 95 7:00 AM 74 31 74 90 91 91 7:30 AM 90 70 90 89 90 90 8:00 AM 101 96 101 100 95 100 8:30 AM 101 96 101 103 96 103 9:00 AM 101 87 101 100 90 100 9:30 AM 53 42 53 74 81 81 10:00 AM 79 36 79 70 77 77 10:30 AM 101 49 101 70 77 77 11:00 AM 101 56 101 78 83 83 11:30 AM 92 59 92 83 83 83 12:00 PM 33 41 33 78 77 78 12:30 PM 12 18 12 72 74 74 1:00 PM 10 18 10 71 76 76 1:30 PM 12 31 12 73 79 79 2:00 PM 10 41 10 77 81 81 Peak 101 96 101 103 96 103 1 Based on counts taken in the Church parking lot 2 Residential on-street parking totals based on counts provided in Appendix B 3 Peak number of vehicles parked in the Church parking lot 4 Peak number of vehicles parking on-street in residential neighborhoods 1-116 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 9 of 14 11709-31 Parking Evaluation The existing parking counts show that the parking lot is fully utilized during Sunday Church services typically between the hours of 8:00 a.m. to 9:00 a.m. and 10:30 a.m. to 11:30 a.m. Therefore, due to the overflow parking demands in the Church parking lot, it is expected that peak Church parking demands will overflow on to Edinger Avenue and the neighboring residential streets that include West Regents, South Gate, South Elliot, and Lilac Avenue. This analysis focuses on the on-street parking demands impacting the neighboring residential streets and therefore, does not include vehicles parking on Edinger Avenue. In addition, it is important to recognize that the on-street parking counts include both the overflow Church parking as well as the existing on-street residential parking demands. As shown on Table 10, the existing on-street residential parking demands at 6:00 a.m. on Sunday morning June 17th is 92 vehicles. This increases to a peak on-street parking demand of 103 vehicles at 8:30 a.m., an increase of 11 vehicles that may be attributed to overflow church parking demands. On Sunday, September 16th, the number of vehicles parking on-street that may be attributed to overflow Church parking is estimated at 1 vehicle. TABLE 10: ON-STREET CHURCH PARKING DEMAND ESTIMATE Date On-Street Parking Demands1 6:00 AM 8:30 AM Variance Sunday, June 17, 2018 92 103 +11 Sunday, September 16, 2018 95 96 +1 1 Based on the on-street residential parking counts shown on Table 9 and included in Appendix B. ² Estimated Church on-street parking. This attributes all residential on-street parking demand increases to the Church. With over 92 vehicles parking on-street at 6:00 on the neighboring residential streets, most on-street parking demands on the residential street surrounding the Archangel Michael Coptic Orthodox Church are not related to church activities. Existing parking count observations during Sunday Church services suggests that the church may contribute to an increase of 11 vehicles. The Sunday, September 16th Sunday parking counts even suggests that there were as many cars were parked on-street at 6:00 AM (95 vehicles) than during the peak Sunday Church service activities at 8:30 AM (96 vehicles). It is important to recognize that on-street parking is a public resource that benefits all users in the City and it is not reserved for the exclusive use of any one group. SPECIAL EVENT PARKING DEMAND To describe the peak parking demands associated with the Church, parking counts were collected during a special event on Sunday, June 3rd, 2018. As shown on Table 11, the Church parking lot was at capacity by 7:30 a.m. Starting at 8:30 a.m., the on-street parking demands in the neighboring residential community steadily increased until 11:00 a.m. with a peak on -street parking demand of 159 vehicles. The peak special event parking demands suggest that with 90 vehicles parked on-street at 6:00 a.m. and 159 vehicles parked on-street at 11:00 a.m., special event Church activity may contribute a peak overflow 1-117 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 10 of 14 11709-31 Parking Evaluation parking demand of 69 vehicles. This estimate assumes that all on-street parking during this time can be attributed to the special event church parking. Some of these vehicles parked on-street may not be associated with special event church activities. During special events at the Church, it appears that overflow parking on the neighboring residential streets lasted for roughly four hours (8 :30 a.m. to 12:30 p.m.). By 1:00 p.m. it appears that the Church overflow parking conditions ended. TABLE 11: SPECIAL EVENT PARKING DEMAND Time Church Parking Lot1 On-Street Parking2 6:00 AM 10 90 6:30 AM 25 88 7:00 AM 55 87 7:30 AM 101 87 8:00 AM 101 90 8:30 AM 101 106 9:00 AM 101 119 9:30 AM 101 134 10:00 AM 101 145 10:30 AM 101 156 11:00 AM 101 159 11:30 AM 101 157 12:00 PM 101 155 12:30 PM 101 114 1:00 PM 72 89 1:30 PM 62 79 2:00 PM 59 72 Peak 101 159 1 Based on counts taken in the Church parking lot on Sunday, June 3rd, 2018 2 Residential on-street parking totals based on counts provided in Appendix B PROJECT PARKING ANALYSIS To describe the potential parking demands associated with the Project, this section provides a review of the expected weekday, Saturday, and Sunday parking demands. 1-118 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 11 of 14 11709-31 Parking Evaluation WEEKDAY PARKING DEMANDS Table 12 shows the estimated Project hourly weekday Church parking demands. The estimated parking demand is compared with the on-site parking supply of 156 spaces to determine if adequate parking supply is available on-site to support the Project. During typical Project weekday conditions, Table 12 indicates a parking surplus ranging from 96 spaces at 8:00 p.m. to 150 spaces at 3:00 p.m. Since the existing sanctuary Building and the mezzanine will not be used concurrently with the proposed community service building, Table 12 shows that there is adequate parking supply on the weekdays with the Project. No overflow on-street parking is expected during typical weekday conditions with the Project. TABLE 12: WEEKDAY PARKING DEMANDS Time Existing Church Parking Demands Total On-Site Parking3 Parking Surplus Tuesday 5/29/181 Thursday 5/31/182 Maximum Weekday 8:00 AM 8 5 8 156 +148 9:00 AM 8 7 8 156 +148 10:00 AM 7 10 10 156 +146 11:00 AM 20 24 24 156 +132 12:00 PM 32 21 32 156 +124 1:00 PM 33 5 33 156 +123 2:00 PM 8 6 8 156 +148 3:00 PM 5 6 6 156 +150 4:00 PM 5 9 9 156 +147 5:00 PM 7 8 8 156 +148 6:00 PM 8 6 8 156 +148 7:00 PM 25 11 25 156 +131 8:00 PM 60 20 60 156 +96 9:00 PM 55 54 55 156 +101 1 Based on counts taken on Tuesday, May 29th in the existing Church parking lot 2 Based on counts taken on Thursday, May 31th in the existing Church parking lot 3 Total On-Site Parking Provided as shown on Table 5 1-119 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 12 of 14 11709-31 Parking Evaluation SATURDAY PARKING DEMANDS Table 13 presents the estimated hourly Project parking demands for Saturday conditions. When compared with the existing Saturday parking counts, the parking demands can be compared to the available on-site parking supply of 156 spaces. As shown on Table 13, the Saturday Project parking demands are estimated to range from 9 spaces at 11:00 a.m. to 94 spaces at 8:00 p.m. Table 13 shows that there is sufficient parking on Saturdays with the Project. No overflow on-street parking is expected during typical Saturday conditions with the Project. TABLE 13: SATURDAY PARKING DEMANDS Time Church Parking Saturday 6/9/181 Total On-Site Parking2 Parking Surplus 8:00 AM 20 156 +136 9:00 AM 54 156 +102 10:00 AM 59 156 +97 11:00 AM 9 156 +147 12:00 PM 15 156 +141 1:00 PM 13 156 +143 2:00 PM 23 156 +133 3:00 PM 15 156 +141 4:00 PM 16 156 +140 5:00 PM 18 156 +138 6:00 PM 23 156 +133 7:00 PM 84 156 +72 8:00 PM 94 156 +62 9:00 PM 58 156 +98 1 Based on counts taken on Saturday, June 9th in the existing Church parking lot 2 Total On-Site Parking Provided as shown on Table 5 1-120 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 13 of 14 11709-31 Parking Evaluation SUNDAY PARKING DEMANDS Table 14 presents the estimated Sunday Project parking demands. The mezzanine expansion will provide pew seating for approximately 110 parishioners in the existing Church’s sanctuary Building. According to the City of Santa Ana parking requirements, Churches, Chapels, and Religious Meeting Halls require 1 space for every 3 fixed seats. TABLE 14: SUNDAY PARKING DEMANDS Time Mezzanine1 Existing Church Parking Demands Overflow Parking Demand4 Total Parking Demand5 Total On-Site Parking Parking Surplus Sunday 6/17/182 Sunday 9/16/183 Peak Weekend 6:00 AM 37 10 9 10 11 58 156 +98 6:30 AM 37 25 16 25 11 73 156 +83 7:00 AM 37 74 31 74 11 122 156 +34 7:30 AM 37 90 70 90 11 138 156 +18 8:00 AM 37 101 96 101 11 149 156 +7 8:30 AM 37 101 96 101 11 149 156 +7 9:00 AM 37 101 87 101 11 149 156 +7 9:30 AM 37 53 42 53 11 101 156 +55 10:00 AM 37 79 36 79 11 127 156 +29 10:30 AM 37 101 49 101 11 149 156 +7 11:00 AM 37 101 56 101 11 149 156 +7 11:30 AM 37 92 59 92 11 140 156 +16 12:00 PM 37 33 41 41 11 89 156 +67 12:30 PM 37 12 18 18 11 66 156 +90 1:00 PM 37 10 18 18 11 66 156 +90 1:30 PM 37 12 31 31 11 79 156 +77 2:00 PM 37 10 41 41 11 89 156 +67 1 Total Required Spaces as shown on Table 3 2 Based on counts taken on Sunday, June 17th in the existing Church parking lot 3 Based on counts taken on Sunday, September 16th in the existing Church parking lot 4 Estimated number of vehicles parking on-street that may be attributed to overflow Church parking (Table 10) 5 Mezzanine plus Peak Weekend Parking Demands plus Overflow Parking Demands This requirement indicates that a total of 37 spaces are needed to support the proposed expansion of the mezzanine. The Project will provide 55 new parking spaces. This exceeds the minimum parking requirements for the mezzanine by 18 spaces. Table 14 presents the estimated on-site Project parking 1-121 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 14 of 14 11709-31 Parking Evaluation demands associated with the Proposed mezzanine, the existing Church, and the estimated overflow on- street parking demands on the neighboring residential streets. Based on the Sunday parking counts, the increase in the number of vehicles parking on -street that may be attributed to overflow Church parking is estimated at 11 vehicles. The estimated Sunday parking demands on Table 14 shows adequate parking supply on-site to accommodate all vehicles during typical Sunday Church activities. This review is based on the Project Description with no concurrent community service building parking demands during Sunday Church services. CONCLUSION This parking study demonstrates that the Project provides adequate parking supply during typical weekday and Saturday conditions for the proposed Archangel Michael Coptic Orthodox Church provided that the proposed mezzanine and the community service building are not used concurrently. The parking demand analysis shows that adequate parking is provided to support the Project during typical weekday Saturday and Sunday conditions. However, during peak Special Event activities the Church will likely continue to generate overflow parking demand on nearby residential streets. If you have any questions, please contact me directly at (949) 336-5979. Respectfully submitted, URBAN CROSSROADS, INC. Bill Lawson, P.E., INCE Principal 1-122 11709-31 Parking Evaluation APPENDIX A: ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH CALENDAR OF EVENTS 1-123 11709-31 Parking Evaluation This page intentionally left blank 1-124 11709-31 Parking Evaluation 1-125 11709-31 Parking Evaluation 1-126 11709-31 Parking Evaluation APPENDIX B: PARKING COUNT WORKSHEETS 1-127 11709-31 Parking Evaluation This page intentionally left blank 1-128 Location:4405 West Edinger Avenue, Santa Ana Day:Tuesday Analyst:N. Brawner Date:5/29/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 8:00 AM 8 24 6 16 21 75 67 9:00 AM 8 16 6 15 18 63 55 10:00 AM 7 15 3 9 16 50 43 11:00 AM 20 13 3 9 13 58 38 12:00 PM 32 14 3 7 13 69 37 1:00 PM 33 12 4 7 13 69 36 2:00 PM 8 18 6 8 12 52 44 3:00 PM 5 13 7 14 12 51 46 4:00 PM 5 10 7 13 12 47 42 5:00 PM 7 16 9 18 15 65 58 6:00 PM 8 13 12 19 16 68 60 7:00 PM 25 12 8 19 21 85 60 8:00 PM 60 14 10 20 26 130 70 9:00 PM 55 15 9 23 28 130 75 Total Spaces1 101 80 70 65 45 361 Archangel Michael Coptic Orthodox Church Parking Counts 1 Based on an estimate of parking spaces available on-street Total On-StreetTime Parking Analysis Zones Totals 11709-31 Parking CountsTuesday 529 1-129 Location:4405 West Edinger Avenue, Santa Ana Day:Thursday Analyst:N. Brawner Date:5/31/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 8:00 AM 5 26 9 13 21 74 69 9:00 AM 7 10 7 13 13 50 43 10:00 AM 10 9 4 9 12 44 34 11:00 AM 24 9 4 7 11 55 31 12:00 PM 21 13 5 10 12 61 40 1:00 PM 5 18 5 9 10 47 42 2:00 PM 6 16 7 6 10 45 39 3:00 PM 6 10 7 8 12 43 37 4:00 PM 9 10 6 9 12 46 37 5:00 PM 8 10 9 11 15 53 45 6:00 PM 6 15 8 17 16 62 56 7:00 PM 11 18 8 19 24 80 69 8:00 PM 20 16 15 15 32 98 78 9:00 PM 54 15 15 19 28 131 77 Total Spaces1 101 80 70 65 45 361 Archangel Michael Coptic Orthodox Church Parking Counts 1 Based on an estimate of parking spaces available on-street Total On-StreetTime Parking Analysis Zones Totals 11709-31 Parking CountsThursday 531 1-130 Location:4405 West Edinger Avenue, Santa Ana Day:Saturday Analyst:N. Carlson Date:6/9/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 8:00 AM 20 14 18 13 38 103 83 9:00 AM 54 13 15 13 38 133 79 10:00 AM 59 12 14 14 36 135 76 11:00 AM 9 8 13 15 32 77 68 12:00 PM 15 9 11 17 39 91 76 1:00 PM 13 12 16 17 37 95 82 2:00 PM 23 13 12 21 36 105 82 3:00 PM 15 14 17 15 30 91 76 4:00 PM 16 13 13 19 24 85 69 5:00 PM 18 12 17 20 24 91 73 6:00 PM 23 18 18 17 32 108 85 7:00 PM 84 18 19 19 40 180 96 8:00 PM 94 17 20 29 42 202 108 9:00 PM 58 16 21 23 41 159 101 10:00 PM 30 17 19 20 42 128 98 Total Spaces1 101 80 70 65 45 361 Archangel Michael Coptic Orthodox Church Parking Counts 1 Based on an estimate of parking spaces available on-street Total On-StreetTime Parking Analysis Zones Totals 11709-31 Parking CountsSaturday 609 1-131 Location:4405 West Edinger Avenue, Santa Ana Day:Sunday Analyst:Jake terHorst Date:6/17/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 6:00 AM 10 16 15 23 38 102 92 6:30 AM 25 16 15 23 38 117 92 7:00 AM 74 14 15 23 38 164 90 7:30 AM 90 15 18 22 34 179 89 8:00 AM 101 15 25 23 37 201 100 8:30 AM 101 14 26 24 39 204 103 9:00 AM 101 16 25 24 35 201 100 9:30 AM 53 13 15 19 27 127 74 10:00 AM 79 13 13 18 26 149 70 10:30 AM 101 13 11 15 31 171 70 11:00 AM 101 13 15 19 31 179 78 11:30 AM 92 14 18 19 32 175 83 12:00 PM 33 15 12 20 31 111 78 12:30 PM 12 17 15 19 21 84 72 1:00 PM 10 18 14 20 19 81 71 1:30 PM 12 18 16 19 20 85 73 2:00 PM 10 19 18 18 22 87 77 Total Spaces1 101 80 70 65 45 361 Archangel Michael Coptic Orthodox Church Parking Counts 1 Based on an estimate of parking spaces available on-street Total On-StreetTime Parking Analysis Zones Totals 11709-31 Parking CountsSunday 617 1-132 Location:4405 West Edinger Avenue, Santa Ana Day:Sunday Analyst:Bill Lawson Date:9/16/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 6:00 AM 9 10 11 42 32 104 95 6:30 AM 16 10 11 42 32 111 95 7:00 AM 31 10 11 39 31 122 91 7:30 AM 70 10 12 35 33 160 90 8:00 AM 96 10 17 35 33 191 95 8:30 AM 96 10 16 37 33 192 96 9:00 AM 87 10 15 33 32 177 90 9:30 AM 42 10 10 33 28 123 81 10:00 AM 36 10 12 30 25 113 77 10:30 AM 49 9 12 32 24 126 77 11:00 AM 56 10 15 34 24 139 83 11:30 AM 59 10 15 32 26 142 83 12:00 PM 41 7 14 35 21 118 77 12:30 PM 18 7 12 35 20 92 74 1:00 PM 18 9 12 36 19 94 76 1:30 PM 31 9 13 38 19 110 79 2:00 PM 41 10 13 40 18 122 81 Total Spaces1 101 80 70 65 45 361 1 Based on an estimate of parking spaces available on-street Archangel Michael Coptic Orthodox Church Parking Counts Time Parking Analysis Zones Totals Total On-Street 11709-31 Parking CountsSunday 916 1-133 Location:4405 West Edinger Avenue, Santa Ana Day:Sunday Analyst:Jake terHorst Date:6/3/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 6:00 AM 10 18 13 26 33 100 90 6:30 AM 25 18 12 26 32 113 88 7:00 AM 55 18 13 24 32 142 87 7:30 AM 101 18 12 24 33 188 87 8:00 AM 101 18 12 25 35 191 90 8:30 AM 101 22 19 23 42 207 106 9:00 AM 101 28 24 24 43 220 119 9:30 AM 101 38 26 28 42 235 134 10:00 AM 101 45 34 23 43 246 145 10:30 AM 101 54 36 22 44 257 156 11:00 AM 101 60 38 18 43 260 159 11:30 AM 101 59 38 19 41 258 157 12:00 PM 101 57 39 19 40 256 155 12:30 PM 101 39 25 17 33 215 114 1:00 PM 72 29 20 17 23 161 89 1:30 PM 62 23 17 19 20 141 79 2:00 PM 59 19 13 19 21 131 72 Total Spaces1 101 80 70 65 45 361 Archangel Michael Coptic Orthodox Church Parking Counts Time Parking Analysis Zones Totals Total On-Street 1 Based on an estimate of parking spaces available on-street 11709-31 Parking CountsSunday 603 1-134 11709-31 Parking Evaluation APPENDIX C: ON-STREET PARKING BOUNDARIES 1-135 11709-31 Parking Evaluation This page intentionally left blank 1-136 11709-31 Parking Evaluation 1-137 11709-31 Parking Evaluation This page intentionally left blank 1-138 EXHIBIT 14 1-139 This page left blank intentionally. 1-140 11738-02 Letter.docx June 19, 2018 Ms. Selena Kelaher City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 SUBJECT: ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH FOCUSED TRAFFIC ASSESSMENT Dear Ms. Selena Kelaher: The purpose of this focused traffic assessment is to identify potential impacts and improvement needs to study area intersections as a result of the development of the proposed Project located at 4405 West Edinger Avenue (referred to as “Project”) in the City of Santa Ana. It is our understanding that the Project is proposing opening the existing mezzanine to provide pew seating for approximately 109 parishioners in the existing church’s sanctuary building and is proposing the construction of a new two-story 9,928 square foot Community Service Building, which is not proposed to be utilized concurrently with the sanctuary building. However, for the purposes of this focused traffic assessment, each component of the proposed Project has been evaluated both independently and combined (concurrent activities for the church and the community service building) in an effort to conduct a conservative analysis. As part of the Project, the church will also be moving the community service uses from the sanctuary’s basement to the new community service building and the sanctuary’s basement will be utilized for ancillary storage. The preliminary site plan is shown on Exhibit 1. SUMMARY OF FINDINGS The study area evaluated for the purposes of this focused traffic assessment is shown on Exhibit 2. Based on the results of this traffic evaluation, the intersection of Newhope Street and Edinger Avenue currently operates at a deficient level of service (LOS) (i.e., LOS E) during the weekday PM peak hour only and would continue to operate at a deficient LOS in the future. However, the Project’s contribution to this intersection is not anticipated to exceed the City’s significance threshold for deficient intersections. As such, the Project’s impact at the intersection of Newhope Street and Edinger Avenue is less than significant and no mitigation is required. Weekday AM and PM peak hour queues are anticipated to exceed the current striped storage lengths for the southbound and westbound left turn lanes at the intersection of Newhope Street and Edinger Avenue. However, the existing striped two-way-left-turn lane for both the southbound and westbound left turn lanes appear to provide adequate storage to accommodate the peak hour queues. The two- way-left-turn lane striped along Edinger Avenue is anticipated to accommodate adequate storage for the eastbound left turn movement for both the West and East Driveways serving the Project. 1-141 11738-02 Letter.docx Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 2 of 8 EXSITING (2018) CONDITIONS TRAFFIC FORECASTS Existing (2018) weekday AM (7-9 AM), weekday PM (4-6 PM), and Sunday AM (8-10 AM) peak hour turning movement counts (provided in Attachment A) were collected for 2 existing study area intersections (see Exhibit 2). Existing (2018) weekday and Sunday peak hour traffic volumes are shown on Exhibit 3. INTERSECTION OPERATIONS ANALYSIS Per the City’s guidelines, intersection operations analysis has been reported using the Intersection Capacity Utilization (ICU) methodology for signalized intersections and using the Highway Capacity Manual (HCM 6th Edition) methodology for unsignalized intersections. ICU is reported as a volume-to- capacity ratio and HCM is reported in delay (seconds). A summary of intersection operations analysis results for Existing (2018) traffic conditions, along with intersection approach lanes by movement, is shown in Table 1. As shown in Table 1, the following study area intersection is currently operating at an unacceptable level of service (LOS) under Existing (2018) traffic conditions: •Newhope Street & Edinger Avenue (#1) – LOS E PM peak hour only Existing (2018) conditions intersection analysis worksheets are provided in Attachment B. PROJECT TRAFFIC TRIP GENERATION Trip generation represents the amount of traffic which is both attracted to and produced by a development. Determining traffic generation for a specific project is therefore based upon forecasting the amount of traffic that is expected to be both attracted to and produced by the specific land uses being proposed for a given development. The Institute of Transportation Engineers (ITE)Trip Generation Manual is a nationally recognized source for estimating site specific trip generation. The trip generation rates used for the Project are based upon data collected by ITE in their Trip Generation Manual, 10th Edition, 2017. Project trip generation rates for the proposed land use is shown in Table 2. The following 3 trip generation alternatives were considered for the purposes of this focused traffic assessment: •Alternative 1: 109 new seats in the mezzanine of the existing sanctuary •Alternative 2: Construction of a new 9,928 square foot Community Service Building 1-142 Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 3 of 8 11738-02 Letter.docx •Alternative 3: 109 new seats in the mezzanine of the existing sanctuary plus construction of a new 9,928 square foot Community Service Building (representing concurrent activities) As shown on Table 2, the Project (Alternative 3) would generate a net total of approximately 117 weekday trip ends per day with 5 weekday AM peak hour trips, 8 weekday PM peak hour trips, and 159 Sunday AM peak hour trips. PROJECT TRIP DISTRIBUTION The Project trip distribution and assignment process represents the directional orientation of traffic to and from the Project site. For the purposes of this focused traffic assessment, the trip distribution patterns utilized are based on the existing count data collected on the Sunday morning peak period. The Project trip distribution patterns are shown on Exhibit 4. PROJECT TRIP ASSIGNMENT The assignment of traffic from the Project area to the adjoining roadway system is based upon the Project trip generation, trip distribution, and the arterial highway and local street system improvements that would be in place by the time of initial occupancy of the Project. Based on the identified Project traffic generation and trip distribution patterns, Project only peak hour intersection turning movement volumes are shown on the following exhibits for the weekday and Sunday peak hours: •Exhibit 5: Alternative 1 (109 new seats in the mezzanine of the existing sanctuary) •Exhibit 6: Alternative 2 (Construction of a new 9,928 square foot Community Service Building) •Exhibit 7: Alternative 3 Total Project OPENING YEAR (2019) WITHOUT CONDITIONS TRAFFIC FORECASTS The opening year traffic volumes have been calculated to account for one year of ambient growth at 1% percent per year. Opening Year (2019) Without Project weekday and Sunday peak hour traffic volumes are shown on Exhibit 8. INTERSECTION OPERATIONS ANALYSIS A summary of intersection operations analysis results for Opening Year (2019) traffic conditions is shown in Table 3. As shown in Table 3, the following study area intersection is anticipated to continue to operate at an unacceptable LOS under Opening Year (2019) Without Project traffic conditions: •Newhope Street & Edinger Avenue (#1) – LOS E PM peak hour only 1-143 11738-02 Letter.docx Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 4 of 8 Opening Year (2019) Without Project conditions intersection analysis worksheets are provided in Attachment C. OPENING YEAR (2019) WITH CONDITIONS TRAFFIC FORECASTS The Project trips that have been calculated at each of the study area intersections based on the trips generated by the Project shown on Table 2 and were added to Opening Year (2019) Without background traffic to calculate Opening Year (2019) With Project traffic volumes for each of the Project alternatives. Opening Year (2019) With Project weekday and Sunday peak hour traffic volumes are shown on the following exhibits: •Exhibit 9: Alternative 1 (109 new seats in the mezzanine of the existing sanctuary) •Exhibit 10: Alternative 2 (Construction of a new 9,928 square foot Community Service Building) •Exhibit 11: Alternative 3 Total Project INTERSECTION OPERATIONS ANALYSIS ALTERNATIVE 1: MEZZANINE ONLY A summary of intersection operations analysis results for Opening Year (2019) With Project (Mezzanine Only) traffic conditions is shown in Table 3. As shown in Table 3, the following study area intersection is anticipated to continue operate at an unacceptable LOS under Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue (#1) – LOS E PM peak hour only Opening Year (2019) With Project (Mezzanine Only) conditions intersection analysis worksheets are provided in Attachment D. ALTERNATIVE 2: COMMUNITY SERVICE BUILDING ONLY A summary of intersection operations analysis results for Opening Year (2019) With Project (Community Service Building Only) traffic conditions is shown in Table 5. As shown in Table 5, the following study area intersection is anticipated to continue operate at an unacceptable LOS under Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue (#1) – LOS E PM peak hour only Opening Year (2019) With Project (Community Service Building Only) conditions intersection analysis worksheets are provided in Attachment F. 1-144 11738-02 Letter.docx Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 5 of 8 ALTERNATIVE 3: TOTAL PROJECT A summary of intersection operations analysis results for Opening Year (2019) With Project (Total Project) traffic conditions is shown in Table 7. As shown in Table 7, the following study area intersection is anticipated to continue operate at an unacceptable LOS under Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue (#1) – LOS E PM peak hour only Opening Year (2019) With Project (Total Project) conditions intersection analysis worksheets are provided in Attachment H. TRAFFIC PROGRESSION ANALYSIS At the City’s request, a traffic progression analysis has been performed for the weekday and Sunday peak hours to determine whether any improvements are necessary to accommodate peak hour queues. The purpose of the progression analysis is to verify the adequacy of the southbound and westbound left turn lanes at Newhope Street and Edinger Avenue and to determine the necessary lengths of turn pockets with storage and appropriate transitions (which adhere to the General Plan roadway classification for Edinger Avenue) at the Project driveways. Each weekday and Sunday peak hour has been simulated 5 times for a 60-minute period using the SimTraffic software. The progression analysis results are based on an average of all 5 simulations for each peak hour. ALTERNATIVE 1: MEZZANINE ONLY A summary of peak hour queuing results for Opening Year (2019) With Project (Mezzanine Only) traffic conditions is shown in Table 4. As shown in Table 4, the following movements are anticipated to experience peak hour queues that exceed the available storage for Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue – Southbound left turn lane would experience queues in the weekday AM and PM peak hours only. This lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane north of the intersection for approximately 640-feet to W. Regent Drive. •Newhope Street & Edinger Avenue – Westbound left turn lane would experience queues in the weekday AM and PM peak hours only. The lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane east of the intersection for approximately 885- feet to Richardson Street. This painted two-way-left-turn lane is currently utilized and would continue to provide left-turn access to the proposed Project and housing development on the southeast corner of Newhope Street & Edinger Avenue. 1-145 11738-02 Letter.docx Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 6 of 8 Adequate storage is anticipated to be accommodated for the eastbound left turn lanes at both Project driveways. Opening Year (2019) With Project (Mezzanine Only) conditions traffic progression analysis worksheets are provided in Attachment E. ALTERNATIVE 2: COMMUNITY SERVICE BUILDING ONLY A summary of peak hour queuing results for Opening Year (2019) With Project (Community Service Building Only) traffic conditions is shown in Table 6. As shown in Table 6, the following movements are anticipated to experience peak hour queues that exceed the available storage for Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue – Southbound left turn lane would experience queues in the weekday AM and PM peak hours only. This lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane north of the intersection for approximately 640-feet to W. Regent Drive. •Newhope Street & Edinger Avenue – Westbound left turn lane would experience queues in the weekday AM and PM peak hours only. The lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane east of the intersection for approximately 885- feet to Richardson Street. This painted two-way-left-turn lane is currently utilized and would continue to provide left-turn access to the proposed Project and housing development on the southeast corner of Newhope Street & Edinger Avenue. Adequate storage is anticipated to be accommodated for the eastbound left turn lanes at both Project driveways. Opening Year (2019) With Project (Community Service Building Only) conditions traffic progression analysis worksheets are provided in Attachment G. ALTERNATIVE 3: TOTAL PROJECT A summary of peak hour queuing results for Opening Year (2019) With Project (Total Project) traffic conditions is shown in Table 8. As shown in Table 8, the following movements are anticipated to experience peak hour queues that exceed the available storage for Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue – Southbound left turn lane would experience queues in the weekday AM and PM peak hours only. This lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane north of the intersection for approximately 640-feet to W. Regent Drive. •Newhope Street & Edinger Avenue – Westbound left turn lane would experience queues in the weekday AM and PM peak hours only. The lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane east of the intersection for approximately 885- feet to Richardson Street. This painted two-way-left-turn lane is currently utilized and would 1-146 Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 7 of 8 11738-02 Letter.docx continue to provide left-turn access to the proposed Project and housing development on the southeast corner of Newhope Street & Edinger Avenue. Adequate storage is anticipated to be accommodated for the eastbound left turn lanes at both Project driveways. Opening Year (2019) With Project (Total Project) conditions traffic progression analysis worksheets are provided in Attachment I. CITY OF SANTA ANA PERFORMANCE CRITERIA AND THRESHOLDS OF SIGNIFICANCE The City of Santa Ana’s target LOS is D for roadway segments and arterial street intersections, except in major development areas. The City of Santa Ana has established the following thresholds of significance to determine whether the addition of project-related trips would result in a significant impact, and thus require mitigation: •A significant impact occurs at a study area intersection if the addition of project-related trips causes the intersection to change from an acceptable LOS (i.e., LOS D or better) to a deficient LOS (i.e., LOS E or F). •A significant impact occurs at a study area intersection if the addition of project-related trips results in a v/c increase of 0.010 and the intersection operates at a deficient LOS under pre- project traffic conditions (i.e., LOS E and F). RECOMMENDATIONS The addition of Project traffic for each of the 3 alternatives is anticipated to result in a v/c increase of less than 0.010. As such, the Project’s impact to the deficient intersection of Newhope Street and Edinger Avenue is less than significant. Therefore, no mitigation is necessary at the study area intersections based on the peak hour operations analyses. Although the traffic progression analysis indicates that there is queuing anticipated in the southbound left turn lane during the weekday AM and PM peak hours, this lane is striped as a two-way-left-turn lane north of the intersection for approximately 640-feet to W. Regent Drive. As such, restriping the storage to accommodate 300-feet of storage does not appear necessary as these vehicles would store within the painted two-way-left-turn lane. Similarly, although the traffic progression analysis indicates that there is queuing anticipated in the westbound left turn lane during the weekday AM and PM peak hour, the analysis also indicates that no storage is required for the West Driveway on Edinger Avenue. As such, there would be additional storage that could be accommodated within the existing two-way-left-turn lane to meet the weekday peak hour queuing demand. Both the West and East Driveways on Edinger Avenue are anticipated to have sufficient storage within the existing painted median to accommodate the anticipated eastbound left turn queues into the site. 1-147 11738-02 Letter.docx Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 8 of 8 If you have any questions, please contact me directly at (949) 336-5982. Respectfully submitted, URBAN CROSSROADS, INC. Charlene So, PE Senior Associate 1-148 1-149 1-150 1-151 1-152 1-153 1-154 1-155 1-156 1-157 1-158 1-159 Table 1 ICU or Delay2 Level of Traffic Northbound Southbound Eastbound Westbound (v/c or secs.) Service # Intersection Control 3 L T R L T R L T R L T R AM PM Sun AM PM Sun 1 Newhope St. & Edinger Av. TS 1 2 0 1 2 0 1 2 1 1 2 1 0.889 0.933 0.498 D E A 2W. Driveway & Edinger Av. CSS 0 0 0 0 1 0 1 2 0 0 2 0 11.5 13.7 14.0 B B B 3E. Driveway & Edinger Av. *BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS). 1  When a right turn is designated, the lane can either be striped or unstriped.  To function as a right turn lane there must be sufficient width for right turning vehicles to travel outside the through lanes 2 Per the Highway Capacity Manual (6th Edition), the delay and level of service for the worst individual movement (or movements sharing a single lane) are shown for intersections with cross street stop control.  Delay is reported in seconds. Intersection capacity utilization (ICU) methodology results are presented for signalized intersections only as a volume‐to‐capacity ratio. 3 TS = Traffic Signal; CSS = Cross‐Street Stop      L = Left; T = Through; R = Right Intersection Analysis for Existing (2018) Conditions Intersection Approach Lanes 1 Future Intersection Location 1-160 Table 2ITE LULand UseUnits1Code In Out Total In Out Total In Out TotalChurchTSF 560 0.198 0.132 0.330 0.221 0.270 0.490 4.795 5.195 9.990 6.950ChurchSeats 560 0.005 0.005 0.010 0.012 0.018 0.030 0.265 0.275 0.540 0.440ProjectUnits1Quantity In Out Total In Out Total In Out TotalMezzanineSeats 10911212329305948Community Service BuildingTSF 9.92821323548521006932535877821591171  TSF = Thousand Square Feet2  Trip Generation Source:  Institute of Transportation Engineers (ITE), Trip Generation Manual, Tenth Edition (2017).Project Trip Generation SummaryWeekday AM Peak Hour Weekday PM Peak Hour Weekday Daily Trip Generation Rates2Sunday AM Peak HourProject TotalAM Peak Hour PM Peak Hour Weekday Daily Trip Generation SummarySunday AM Peak Hour1-161 Table 3ICU or Delay1ICU or Delay1Traffic (v/c or secs.)(v/c or secs.)# IntersectionControl2AM PM Sun AM PM Sun AM PM Sun AM PM Sun AM PM Sun1 Newhope St. & Edinger Av. TS 0.8970.9420.501 DEA 0.8970.9420.510 DEA‐‐0.000‐‐No2W. Driveway & Edinger Av. CSS 11.6 13.8 14.1 B B B 11.6 13.8 13.2 B B B‐‐ ‐‐ ‐‐No3E. Driveway & Edinger Av.CSS11.6 13.8 13.0 B B B‐‐ ‐‐ ‐‐No*BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS).1Per the Highway Capacity Manual (6th Edition), the delay and level of service for the worst individual movement (or movements sharing a single lane)are shown for intersections with cross street stop control.  Delay is reported in seconds.Intersection capacity utilization (ICU) methodology results are presented for signalized intersections only as a volume‐to‐capacity ratio.2TS = Traffic Signal; CSS = Cross‐Street Stop;  CSS = ImprovementIntersection Analysis for Opening Year (2019) Conditions ‐ Mezzanine OnlyChange in v/c or secondsSignificant Impact?Future IntersectionServiceService2019 Without Project2019 With ProjectLevel ofLevel of 1-162 Table 4Newhope St. & Edinger Av.SBL 150188 93 70 282 154 129WBL 150120 105 65 178 173 131W. Driveway & Edinger Av.EBL5000 1000 34E. Driveway & Edinger Av.EBL5001 909 32Intersection MovementAvailable Stacking Distance (Feet)95th Percentile Queue (Feet)AM Peak HourSunday Peak HourQueuing Summary for Opening Year (2019) With Project (Mezzanine Only) ConditionsPM Peak HourPM Peak Hour50th Percentile Queue (Feet)AM Peak HourSunday Peak Hour1-163 Table 5ICU or Delay1ICU or Delay1Traffic (v/c or secs.)(v/c or secs.)# IntersectionControl2AM PM Sun AM PM Sun AM PM Sun AM PM Sun AM PM Sun1 Newhope St. & Edinger Av. TS 0.8970.9420.501 DEA 0.8970.9420.516 DEA‐‐0.000‐‐No2W. Driveway & Edinger Av. CSS 11.6 13.8 14.1 B B B 11.6 13.8 13.2 B B B‐‐ ‐‐ ‐‐No3E. Driveway & Edinger Av.CSS11.6 13.8 13.0 B B B‐‐ ‐‐ ‐‐No*BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS).1Per the Highway Capacity Manual (6th Edition), the delay and level of service for the worst individual movement (or movements sharing a single lane)are shown for intersections with cross street stop control.  Delay is reported in seconds.Intersection capacity utilization (ICU) methodology results are presented for signalized intersections only as a volume‐to‐capacity ratio.2TS = Traffic Signal; CSS = Cross‐Street Stop;  CSS = ImprovementIntersection Analysis for Opening Year (2019) Conditions ‐ Community Service Building Only2019 Without Project2019 With ProjectChange in v/c or secondsSignificant Impact?Level ofLevel ofServiceServiceFuture Intersection 1-164 Table 6Newhope St. & Edinger Av.SBL 150195 94 66 290 167 120WBL 150123 111 77 171 172 148W. Driveway & Edinger Av.EBL5000 1200 36E. Driveway & Edinger Av.EBL5000 906 34Sunday Peak HourIntersection MovementAvailable Stacking Distance (Feet)50th Percentile Queue (Feet)95th Percentile Queue (Feet)AM Peak HourSunday Peak Hour AM Peak HourQueuing Summary for Opening Year (2019) With Project (Community Service Building Only) ConditionsPM Peak HourPM Peak Hour1-165 Table 7ICU or Delay1ICU or Delay1Traffic (v/c or secs.)(v/c or secs.)# IntersectionControl2AM PM Sun AM PM Sun AM PM Sun AM PM Sun AM PM Sun1 Newhope St. & Edinger Av. TS 0.8970.9420.501 DEA 0.8970.9430.525 DEA‐‐0.001‐‐No2W. Driveway & Edinger Av. CSS 11.6 13.8 14.1 B B B 11.6 13.8 13.2 B B B‐‐ ‐‐ ‐‐No3E. Driveway & Edinger Av.CSS11.6 13.8 13.0 B B B‐‐ ‐‐ ‐‐No*BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS).1Per the Highway Capacity Manual (6th Edition), the delay and level of service for the worst individual movement (or movements sharing a single lane)are shown for intersections with cross street stop control.  Delay is reported in seconds.Intersection capacity utilization (ICU) methodology results are presented for signalized intersections only as a volume‐to‐capacity ratio.2TS = Traffic Signal; CSS = Cross‐Street Stop;  CSS = ImprovementIntersection Analysis for Opening Year (2019) Conditions ‐ Total Project2019 Without Project2019 With ProjectChange in v/c or secondsSignificant Impact?Level ofLevel ofServiceServiceFuture Intersection 1-166 Table 8Newhope St. & Edinger Av.SBL 150198 100 69 293 189 130WBL 150119 112 79 170 173 148W. Driveway & Edinger Av.EBL5000 1000 34E. Driveway & Edinger Av.EBL5001 707 29Sunday Peak HourIntersection MovementAvailable Stacking Distance (Feet)50th Percentile Queue (Feet)95th Percentile Queue (Feet)AM Peak HourSunday Peak Hour AM Peak HourQueuing Summary for Opening Year (2019) With Project (Total Project) ConditionsPM Peak HourPM Peak Hour1-167 This page left blank intentionally. 1-168 2-1 2-2 2-3 2-4 2-5 This page left blank intentionally. 2-6 EXHIBIT 1 2-7 This page left blank intentionally. 2-8 Resolution No. 2019-xx Page 1 of 7 LS 9.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-29 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION AT I CAN BARBECUE RESTAURANT LOCATED AT 414 WEST FOURTH 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. Isaac Karaaslan with Ample Construction, representing I Can Barbecue restaurant (“Applicant”), is requesting approval of Conditional Use Permit No. 2019-29 to allow the sale of alcoholic beverages for on-premises consumption (Type 41 – Beer and Wine) for the property located at 414 West Fourth Street. B. Santa Ana Municipal Code Sections 41-196 and 41-2007 require approval of a conditional use permit (“CUP”) for establishments wishing to sell alcohol for on-premises consumption. C. On September 9, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2019-29. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-638, have been established for Conditional Use Permit No. 2019-29 to allow the sale of alcoholic beverages for on-premises consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase beer and wine with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Operational standards applicable to the alcoholic beverage control license and conditions of approval will mitigate any 2-9 Resolution No. 2019-xx Page 2 of 7 potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the alcoholic beverage control license and conditions of approval will address any potential negative or adverse impacts created by the use. In addition, the subject site is not located adjacent to parks, playgrounds, schools, or religious institutions. Birch Park is located approximately 300 feet away to the south from the business’ entrance and is separated from the site by a large parking structure. Moreover, Nova Academy, a charter high school, is located over 350 feet to the west of the entrance and is separated from the site by the Latino Health Access building and Ross Street. In addition, the building entrance is located over 450 feet away from the nearest residences in Downtown, which are multi-family or mixed-use communities. As a result, the granting of the CUP will not negatively impact any sensitive land uses that may be nearby. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that offer a full selection of alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow the restaurant to remain economically viable and compete with nearby full-service restaurants in the local vicinity and contribute to the overall success of the City of Santa Ana. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on- premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full-service, bona-fide eating establishment, having suitable kitchen facilities and 2-10 Resolution No. 2019-xx Page 3 of 7 supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5%) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed sale of alcoholic beverages for on-premises consumption at this location will not adversely affect the General Plan or any specific plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of full-service restaurants that provide alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. I Can Barbecue is located within a commercial center and its operation is compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on-premises sale of alcoholic beverages at a full-service restaurant and minor interior tenant improvements. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Section 3. The Applicant 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 2-11 Resolution No. 2019-xx Page 4 of 7 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-29 for the alcoholic beverage control license for the sale of alcohol for on-premises consumption for the project located at 414 West Fourth Street, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of September, 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 2-12 Resolution No. 2019-xx Page 5 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission 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 September 9, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 2-13 Resolution No. 2019-xx Page 6 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-29 Conditional Use Permit No. 2019-29 for on-premises consumption of alcoholic beverages is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance with the operational standards for on-sale establishments pursuant to Section 41-196(g) of the SAMC and in accordance with the provisions of an on-premises alcohol license by the State Alcohol Beverage Control Board (ABC). 2. The sales, service, and consumption of alcoholic beverages shall be limited from 8:00 a.m. to 12:00 a.m. (midnight) Monday through Sunday, unless modified through a subsequent and separate conditional use permit application for after- hours operations pursuant to SAMC Section 41-2007. 3. In the event outdoor dining is provided, the sale of alcoholic beverages for consumption outdoors is prohibited at any time on weekdays. 4. The sale of alcoholic beverages for off-premises consumption is prohibited unless a separate conditional use permit is approved for the sale of alcoholic beverages for off-premises consumption. 5. Prior to issuance of the alcohol license, a Property Maintenance Agreement shall 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 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 2-14 Resolution No. 2019-xx Page 7 of 7 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 maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 2-15 This page left blank intentionally. 2-16 EXHIBIT 2 2-17 This page left blank intentionally. 2-18 8/13/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP 2019-29, I Can Barbecue Restaurant414 West Fourth Street Exhibit 2 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2-19 This page left blank intentionally. 2-20 EXHIBIT 3 2-21 This page left blank intentionally. 2-22 CUP 2019-29 I CAN BARBECUE 414 WEST FOURTH STREET SITE PHOTOS EXHIBIT 3 2-23 This page left blank intentionally. 2-24 EXHIBIT 4 2-25 This page left blank intentionally. 2-26 2-27 2-28 2-29 This page left blank intentionally. 2-30 3-1 3-2 3-3 3-4 3-5 3-6 3-7 This page left blank intentionally. 3-8 EXHIBIT 1 3-9 This page left blank intentionally. 3-10 Resolution No. 2019-xx Page 1 of 9 LS 9.9.19 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. Richard Finkel, representing Russell Fischer LP (“Applicant”), is requesting approval of Conditional Use Permit No. 2019-30 to allow a car wash in the General Commercial (C2) zoning district at 301 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-377.5(b) requires approval of a conditional use permit for car wash facilities. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-30. E. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Conditional Use Permit No. 2019-30 for a car wash 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 car wash will provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 325 North Tustin Avenue. The new facility will be bigger than the existing operation and will provide vacuum stations for the customers’ use. The site will be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, and landscaping contributing to the aesthetics of the area. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AS CONDITIONED TO ALLOW A CAR WASH AT THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE EXHIBIT 1 3-11 Resolution No. 2019-xx Page 2 of 9 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 car wash will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed to meet the City’s stacking requirements and provides for queuing of approximately 15 vehicles. In addition, the stacking lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. There are no immediately adjacent nearby residential land uses. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the Costa Mesa Freeway to the east. The closest nearby residential uses are over 500 feet from the project site - including the Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue, and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. The blowers/dryers will be setback 15 feet within the car wash tunnel and the vacuums have been placed north of the car wash tunnel to buffer noise from the office building to the south. A traffic impact analysis was completed by Linscott Law & Greenspan and reviewed by the Public Works Agency and found that the project or cumulative project conditions will not significantly impact any of the nearby street intersections. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The car wash will not adversely affect the economic stability or future economic development of properties in the surrounding area. The property is within the General Commercial (C2) zoning district. Additionally, since 1973, a car wash has been in operation at 325 North Tustin Avenue which is immediately adjacent to the car wash site and interrelated to the subject site as the sites would be redeveloped concurrently. The automated car wash will replace the existing car wash and the site will be redeveloped with a new building with a contemporary design and water efficient landscaping. The car wash will provide an additional service to the community and will provide a commercial business that will generate sales tax revenue for the City. 3-12 Resolution No. 2019-xx Page 3 of 9 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building height and parking. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 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 car wash will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use area which allows for commercial uses such as car wash facilities. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs, specifically. Land Use Element Goal 2 to promote land uses that enhance the City’s economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. 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 enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in-fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all 3-13 Resolution No. 2019-xx Page 4 of 9 required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 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. 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 Conditional Use Permit No. 2019-30, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 301 North Tustin Avenue. 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 September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this ____ day of ___________________, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: 3-14 Resolution No. 2019-xx Page 5 of 9 _______________________ 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 ______________________, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3-15 Resolution No. 2019-xx Page 6 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-30 Conditional Use Permit No. 2019-30 to allow a car wash 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 conditional use permit. I. 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. All proposed site improvements must conform to the Site Plan Review (DP No. 2019- 14) and the staff report exhibits. 2. 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 the conditional use permit must be amended. 3. The installation and/or use of air/blower guns at the site is prohibited. 4. Hours of operation shall be from 7:00 a.m. to 8:00 p.m. 5. Vacuuming equipment shall not be available or functional during non-operating hours. 6. Onsite employees shall be responsible for the removal of all litter and trash from the site each day. 7. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 8. There shall be no overnight parking of vehicles on site. 9. Customer restrooms shall be locked during all non-operating hours. 10. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. 11. Prior to Building & Safety Division plan check submittal, the Applicant shall submit a technical noise study prepared by a professional firm specializing in preparation of noise studies to the City for review by the Planning Division, Police Department, and Code Enforcement Division that demonstrates that the proposed design and 3-16 Resolution No. 2019-xx Page 7 of 9 equipment of the car wash will conform to City noise ordinances and will minimize noise impacts on adjacent properties. The Applicant shall, to the best of his or her abilities and at his or her sole cost, utilize the same noise specialists employed at the Applicant’s other location(s) to prepare the noise readings and studies. Prior to issuance of a permanent certificate of occupancy, the Applicant shall hold a “soft opening” to test all noise-generating equipment onsite and make adjustments as necessary to bring the equipment into compliance with City noise ordinance standards, to the satisfaction of the Planning and Building Agency and Police Department. The Applicant shall submit an updated and revised noise study based on updated field measurements within one (1) month of commencement of operations, and again on the one-year anniversary of the commencement of operations, to ensure compliance with the City’s noise ordinances. 12. Prior to the issuance of a building permit, a 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. 13. Prior to the issuance of a building permit, a reciprocal access and parking agreement shall be approved as to form by the City Attorney & Planning Manager and recorded against the property. 14. Prior to the issuance of a certificate of occupancy, 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 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; 3-17 Resolution No. 2019-xx Page 8 of 9 (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 maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. 3-18 Resolution No. 2019-xx Page 9 of 9 III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. Prior to issuance of a building permit, submit a site plan that shows compliance with trash services including: a. Depict trash trucks turning radius on the all proposed internal corners b. 42 feet on a 90-degree turn radius c. Minimum 11 feet, 6 inches lane width for turn radius d. For roll out service the desired path of travel for the bin must be level with no “lips” or major elevation changes e. Minimum one time a week service adequate for all waste to be contained within the bins, adjustments to the number of yards required for service are at the discretion of the City and Waste Management f. The maximum number of pick-ups is 2 times per week. 3-19 This page left blank intentionally. 3-20 EXHIBIT 2 3-21 This page left blank intentionally. 3-22 Resolution No. 2019-xx Page 1 of 6 LS 9.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A REDUCTION IN REQUIRED YARDS FOR A SERVICE STATION AT 325 NORTH TUSTIN AVENUE AND FOR A CAR WASH AT 301 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP (“Applicant”), is requesting approval of an amendment to Variance No. 2018-10 as conditioned to allow a reduced front yard for a car wash at 301 North Tustin Avenue and to allow reduced front and street side yards for a service station and convenience store at 325 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Sections 41-368 and 41-380 require a 15 foot minimum front yard and Sections 41-369 and 41-381 require a 15 foot minimum front and street yards. The Applicant is proposing a front yard of 10 feet for a portion of the 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 Santa Ana Municipal Code. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for an amendment to Variance No. 2018-10. 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 the amendment to Variance No. 2018-10, for reduced yards, have been established as required by SAMC Section 41- 638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property as street dedications are required, site plan considerations for EXHIBIT 2 3-23 Resolution No. 2019-xx Page 2 of 6 the proposed use and the irregular shape of the lot. A 2-foot dedication is required along Tustin Avenue, therefore reducing the size of the property and reducing the landscaped setback to 10 feet for a portion of the street frontage. The lot is constricted by the Costa Mesa Freeway which binds the site to the east. Due to the freeway right-of- way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards and does not create stacking on the adjacent streets. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. The interrelated property at 301 North Tustin Avenue is currently developed with a car wash, service station and convenience store with minimal landscaping. The proposed integrated development will have more landscaping than what is currently on site and will allow for continued operations of a car wash. Amending the variance to allow for a portion of the lot to have a reduced landscape setback would allow the property owner to redevelop with a car wash and provide for adequate stacking and vehicular turn movements. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The proposed project will reduce the number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for reduced yards will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such car wash facilities and service stations. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Land Use 3-24 Resolution No. 2019-xx Page 3 of 6 Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 aims to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Policy 1.5 promotes projects that enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 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. 3-25 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 the amendment to Variance No. 2018-10 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this ____ day of ___________________, 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 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 September 9, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3-26 Resolution No. 2019-xx Page 5 of 6 EXHIBIT A Conditions of Approval for Amendment to Variance No. 2018-10 Variance No. 2018-10 to allow for a reduced yard at 301 and 325 North Tustin Avenue 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. I. 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. All proposed site improvements must conform to the Site Plan Review (DP No. 2016- 45) and the staff report exhibits. 2. The Applicant shall comply with the Mitigation Measures within the Mitigation Monitoring and Reporting Program prepared for the project. 3. 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 the variance must be amended. 4. Prior to the issuance of a building permit a reciprocal access and parking agreement shall be approved by the City Attorney & Planning Manager and recorded to the property. 5. Prior to the issuance of a building permit, a landscape and irrigation plan shall 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. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded. 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 Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: 3-27 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 maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 3-28 EXHIBIT 3 3-29 This page left blank intentionally. 3-30 Resolution No. 2019-xx Page 1 of 8 LS 9.9.19 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. Richard Finkel, representing Russell Fischer LP (“Applicant”), is requesting approval of Conditional Use Permit No. 2019-31 to allow a retail convenience store located at 325 North Tustin Avenue to operate 24 hours a day. B. Santa Ana Municipal Code (“SAMC”) Section 41-365.5(h) and 41-377.5 require 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 a.m. 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 (“CUP”) for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-31. E. The Planning Commission of the City of Santa Ana considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-31, 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 convenience store offering service past 12:00 midnight, which A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-31 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS OF A RETAIL STORE LOCATED AT 325 NORTH TUSTIN AVENUE EXHIBIT 3 3-31 Resolution No. 2019-xx Page 2 of 8 is consistent with other similar uses in the City. By offering extended hours of operation, the business will provide an added convenience and a one-stop shopping experience. The project will redevelop the site with a new convenience store and service station. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting. This will help activate and upgrade 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 operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. There are no sensitive land uses immediately adjacent to the site. There is a service station to the north, a medical office building to the south (within the City of Tustin) and the SR-55 freeway to the east. The closest nearby residential uses are over 500 feet from the project site: The Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. Conditions have been placed on the CUP in order to mitigate any negative impacts to the surrounding community. 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 the convenience store to remain competitive with similar uses in the area which offer similar goods found in retail and convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. 3-32 Resolution No. 2019-xx Page 3 of 8 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 basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes 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 service and retail 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 and will provide a service to those working and living in the area. 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. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in-fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related 3-33 Resolution No. 2019-xx Page 4 of 8 to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 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. 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 Conditional Use Permit No. 2019-31, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 325 North Tustin Avenue. 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 September 9, 2019 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this ____ day of ___________________, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: 3-34 Resolution No. 2019-xx Page 5 of 8 _______________________ 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 ______________________, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3-35 Resolution No. 2019-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-31 Conditional Use Permit No. 2019-31 to allow for after-hours operations 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. All proposed site improvements must conform to Development Project Review (DP No. 2019-14) and the staff report exhibits. 2. 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. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to 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. 4. 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 satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). 3-36 Resolution No. 2019-xx Page 7 of 8 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 maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 3-37 Resolution No. 2019-xx Page 8 of 8 5. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 6. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 7. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier’s view to the outside. 8. 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 or other mitigation measures agreed upon with the Police Department. 9. Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the Police Department. 10. There shall be no coin-operated games maintained on the premises at any time. 11. No pay telephones shall be located on the premises. 12. “No Loitering/Trespass” signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. 14. 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. 15. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 16. Sale of alcoholic beverages shall be prohibited. 17. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 18. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. 3-38 EXHIBIT 4 3-39 This page left blank intentionally. 3-40 Car Wash & Retail Store CUP No. 2019-30, CUP No. 2019-31 and VAR No. 2018-10301 and 325 North Tustin Avenue Exhibit 4 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. 2018 Aerial Santa Ana Boundary Zoning Buffer 250 feet 3-41 This page left blank intentionally. 3-42 EXHIBIT 5 3-43 This page left blank intentionally. 3-44 EXHIBIT 5 - SITE PLAN Car Wash & Retail Store CUP NO. 2019-30, CUP NO. 2019-31, VAR NO. 2018-10 301 and 325 North Tustin Avenue 3-45 This page left blank intentionally. 3-46 EXHIBIT 6 3-47 This page left blank intentionally. 3-48 EXHIBIT 6 – FLOOR PLAN & ELEVATIONS Car Wash & Retail Store CUP NO. 2019-30, CUP NO. 2019-31, VAR NO. 2018-10 301 and 325 North Tustin Avenue 3-49 EXHIBIT 6 – FLOOR PLAN & ELEVATIONS Car Wash & Retail Store CUP NO. 2019-30, CUP NO. 2019-31, VAR NO. 2018-10 301 and 325 North Tustin Avenue 3-50 EXHIBIT 7 3-51 This page left blank intentionally. 3-52 EXHIBIT 7 – RENDERINGS Car Wash & Retail Store CUP NO. 2019-30, CUP NO. 2019-31, VAR NO. 2018-10 301 and 325 North Tustin Avenue 3-53 This page left blank intentionally. 3-54 EXHIBIT 8 3-55 This page left blank intentionally. 3-56 REVISED FOCUSED TRAFFIC IMPACT ANALYSIS REPORT TUSTIN AVENUE RETAIL Santa Ana, California May 17, 2019 (Update of the March 13, 2018 Report) Prepared for: RUSSELL FISCHER PARTNERSHIP 16061 Beach Boulevard Huntington Beach, 92647 LLG Ref. 2-17-3881-1 Prepared by: Under the Supervision of: Angela Besa Keil Maberry, P.E. Transportation Engineer I Principal 3-57 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc i TABLE OF CONTENTS SECTION PAGE 1.0 Introduction ................................................................................................................................. 1 1.1 Scope of Work ...................................................................................................................... 1 1.2 Study Area ............................................................................................................................ 2 2.0 Project Description ..................................................................................................................... 3 2.1 Site Access ............................................................................................................................ 3 3.0 Existing Conditions ..................................................................................................................... 5 3.1 Existing Street System .......................................................................................................... 5 3.1.1 Public Transit .............................................................................................................. 5 3.2 Existing Traffic Volumes ...................................................................................................... 6 3.3 Intersection Analysis Methodologies .................................................................................... 6 3.3.1 Intersection Capacity Utilization (ICU) Method of Analysis ..................................... 6 3.3.2 Highway Capacity Manual 6 (HCM 6) Method of Analysis (Unsignalized Intersections) ......................................................................................................................... 7 3.3.3 Level of Service Criteria ............................................................................................. 7 3.4 Existing Level of Service Results ....................................................................................... 11 4.0 Traffic Forecasting Methodology ............................................................................................ 13 5.0 Project Traffic Characteristics ................................................................................................ 14 5.1 Project Traffic Generation .................................................................................................. 14 5.2 Project Trip Distribution and Assignment .......................................................................... 14 5.3 Existing Plus Project Traffic Conditions ............................................................................ 15 6.0 Future Traffic Conditions ........................................................................................................ 17 6.1 Ambient Traffic Growth ..................................................................................................... 17 6.2 Cumulative Projects Traffic Characteristics ....................................................................... 17 6.2.1 Year 2019 Traffic Volumes ...................................................................................... 17 7.0 Traffic Impact Analysis Methodology .................................................................................... 21 7.1 Impact Criteria and Thresholds ........................................................................................... 21 7.2 Traffic Impact Analysis Scenarios ...................................................................................... 22 8.0 Peak Hour Intersection Capacity Analysis ............................................................................. 23 8.1 Existing Plus Project Analysis ............................................................................................ 23 8.1.1 Existing Plus Project Traffic Conditions .................................................................. 23 8.2 Year 2019 Traffic Conditions ............................................................................................. 25 8.2.1 Year 2019 Cumulative Traffic Conditions ............................................................... 25 8.2.2 Year 2019 Cumulative Plus Project Conditions ....................................................... 25 3-58 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc ii TABLE OF CONTENTS (CONTINUED) SECTION PAGE 9.0 Site Access and Internal Circulation Evaluation ................................................................... 27 9.1 Site Access .......................................................................................................................... 27 9.2 Internal Circulation Evaluation ........................................................................................... 27 10.0 Recommended Intersection Improvements ............................................................................ 29 10.1 Existing Plus Project Traffic Conditions ............................................................................ 29 10.2 Year 2019 Plus Project Traffic Conditions ......................................................................... 29 11.0 Congestion Management Program (CMP) Compliance Assessment ................................... 30 12.0 State Of California (Caltrans) Methodology .......................................................................... 31 12.1 Highway Capacity Manual (HCM) Method of Analysis (Signalized Intersections) .......... 31 12.2 Existing Plus Project Traffic Conditions – Caltrans Methodology .................................... 33 12.2.1 Existing Traffic Conditions................................................................................. 33 12.2.2 Existing Plus Project Traffic Conditions ............................................................ 33 12.3 Year 2019 Traffic Conditions – Caltrans Methodology ..................................................... 34 12.3.1 Year 2019 Cumulative Traffic Conditions ......................................................... 34 12.3.2 Year 2019 Cumulative Plus Project Traffic Conditions ..................................... 34 12.4 Recommended Improvements – Caltrans Methodology..................................................... 37 12.4.1 Existing Plus Project Traffic Conditions ............................................................ 37 12.4.2 Year 2019 Plus Project Traffic Conditions ......................................................... 37 13.0 Roadway Segment Evaluation ................................................................................................. 38 13.1 Roadway Link Capacities ................................................................................................... 38 13.2 Roadway Link Level of Service Criteria ............................................................................ 38 13.3 Roadway Link Analysis Results ......................................................................................... 40 13.3.1 Existing Plus Project Analysis ............................................................................ 40 13.3.2 Year 2019 Plus Project Analysis......................................................................... 42 14.0 Summary Of Findings And Conclusions ................................................................................ 44 3-59 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc iii APPENDICES APPENDIX A. Traffic Study Scope of Work B. Existing Traffic Count Data C. Intersection Level of Service Calculation Worksheets D. Project Driveway Level of Service Calculation Worksheets E. Intersection Level of Service Calculation Worksheets – Caltrans 3-60 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc iv LIST OF FIGURES SECTION—FIGURE # FOLLOWING PAGE 1-1 Vicinity Map ..................................................................................................................... 2 2-1 Existing Aerial Site Photograph ....................................................................................... 3 2-2 Proposed Site Plan ............................................................................................................ 3 3-1 Existing Roadway Conditions and Intersection Controls .............................................. 5 3-2 Existing AM Peak Hour Traffic Volumes ...................................................................... 6 3-3 Existing PM Peak Hour and Daily Traffic Volumes ...................................................... 6 5-1 Project Trip Distribution Pattern – Gas Station ............................................................ 15 5-2 Project Trip Distribution Pattern – Commercial ........................................................... 15 5-3 AM Peak Hour Project Traffic Volumes ....................................................................... 15 5-4 PM Peak Hour and Daily Project Traffic Volumes ...................................................... 15 5-5 Existing Plus Project AM Peak Hour Traffic Volumes ............................................... 15 5-6 Existing Plus Project PM Peak Hour and Daily Traffic Volumes ............................... 15 6-1 Location of Cumulative Projects .................................................................................... 17 6-2 AM Peak Hour Cumulative Projects Traffic Volumes .................................................. 17 6-3 PM Peak Hour and Daily Cumulative Projects Traffic Volumes .................................. 17 6-4 Year 2019 AM Peak Hour Cumulative Traffic Volumes ............................................ 17 6-5 Year 2019 PM Peak Hour and Daily Cumulative Traffic Volumes ............................ 17 6-6 Year 2019 AM Peak Hour Cumulative Plus Project Traffic Volumes ....................... 17 6-7 Year 2019 PM Peak Hour and Daily Cumulative Plus Project Traffic Volumes ....... 17 3-61 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc v LIST OF TABLES SECTION—TABLE # PAGE 2-1 Project Development Summary ...................................................................................... 4 3-1 Level of Service Criteria For Signalized Intersections .................................................. 9 3-2 Level of Service Criteria For Unsignalized Intersections ........................................... 10 3-3 Existing Peak Hour Intersection Capacity Analysis ....................................................... 12 5-1 Project Traffic Generation Rates and Forecast ............................................................... 16 6-1 Location and Description of Cumulative projects .................................................... 18-19 6-2 Cumulative Projects Traffic Generation Forecast .......................................................... 20 8-1 Existing Plus Project Peak Hour Intersection Capacity Analysis .................................. 24 8-2 Year 2019 Peak Hour Intersection Capacity Analysis ................................................... 26 9-1 Project Driveway Peak Hour Intersection Capacity Analysis ....................................... 28 12-1 Level of Service Criteria for Signalized Intersections (HCM 6 Methodology) ............. 32 12-2 Existing Plus Project Peak Hour Intersection Capacity Analysis – Caltrans ................. 35 12-3 Year 2019 Peak Hour Intersection Capacity Analysis – Caltrans .................................. 36 13-1 Roadway Link Capacities ............................................................................................... 39 13-2 Existing Plus Project Roadway Segment Level of Service Summary ........................... 41 13-3 Year 2019 Cumulative Plus Project Roadway Segment Level of Service Summary.... 43 3-62 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 1 REVISED FOCUSED TRAFFIC IMPACT ANALYSIS REPORT TUSTIN AVENUE RETAIL Santa Ana, California May 17, 2019 (Update of the March 13, 2018 Report) 1.0 INTRODUCTION This Focused Traffic Impact Analysis report addresses the potential traffic impacts and circulation needs associated with Tustin Avenue Retail Project (hereinafter referred to as Project) in the City of Santa Ana and has been prepared in response to the City of Santa Ana’s Development Review Committee comment from the Public Works Agency. The Project will include the development of an express car wash and a gas station with convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 118.5-foot express car wash tunnel to replace a 4,200 square-feet (SF) sit-down restaurant and a 12 pump gas service station with a 3,040 SF convenience store to replace the existing gas station building and car wash. 1.1 Scope of Work This traffic report documents the findings and recommendations of a traffic impact analysis conducted by Linscott, Law & Greenspan, Engineers (LLG) to determine the potential impacts associated with the proposed Project. The traffic analysis evaluates the existing operating conditions at four (4) key study intersections one (1) key roadway segment within the project vicinity, estimates the trip generation potential of the proposed Project, and forecasts future near-term (Year 2019) operating conditions without and with the proposed Project. Where necessary, intersection improvements/mitigation measures are identified. This traffic report satisfies the traffic impact requirements of the City of Santa Ana and is consistent with the current Congestion Management Program (CMP) for Orange County. It should be noted that the Scope of Work for this traffic study was previously included in Appendix A and was developed in conjunction with City of Santa Ana Public Works Department staff and approved for the previous study. The project site has been visited and an inventory of adjacent area roadways and intersections was performed. Existing weekday peak hour traffic count information has been collected at four (4) key study intersections and one (1) key roadway segment for use in the preparation of intersection level of service calculations. Information concerning cumulative projects (planned and/or approved) in the vicinity of the proposed Project has been researched at the City of Santa Ana and City of Tustin. Based on our research, there are sixteen (16) cumulative projects located in the City of Santa Ana and eight (8) cumulative projects located in the City of Tustin. The twenty-four (24) cumulative projects were considered in the cumulative traffic analysis for this project. 3-63 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 2 This traffic report analyzes existing and future weekday daily, AM peak hour and PM peak hour traffic conditions for a near-term (Year 2019) traffic setting upon completion of the proposed Project. Near-term (Year 2019) cumulative daily and peak hour traffic forecasts were projected by incorporating a one percent (1.0%) annual growth rate and the trip generation potential of twenty- four (24) cumulative projects. 1.2 Study Area Four (4) key study intersections and one (1) key roadway segment have been identified for evaluation. Of the four (4) identified intersections, two (2) are located within the City of Santa Ana and two (2) are located in the City of Tustin. The one (1) roadway segment is located within the City of Santa Ana. The four (4) intersections/one (1) roadway segment listed below provide regional and local access to the study area and define the extent of the boundaries for this traffic impact investigation. Key Study Intersections 1. Tustin Avenue at Fourth Street (Santa Ana) 2. Tustin Avenue at First Street (Tustin) 3. SR-55 SB Ramps at Fourth Street (Santa Ana/Caltrans) 4. SR-55 NB Ramps at Fourth Street/Irvine Boulevard (Tustin/Caltrans) Key roadway segment A. Tustin Avenue, between Fourth Street and First Street (Santa Ana) Figure 1-1 presents a Vicinity Map, which illustrates the general location of the Project and depicts the study locations and surrounding street system. The Level of Service (LOS) investigations at these key locations were used to evaluate the potential traffic-related impacts associated with area growth, cumulative projects and the proposed Project. When necessary, this report recommends intersection and/or roadway improvements that may be required to accommodate future traffic volumes and restore/maintain an acceptable Level of Service, and/or mitigates the impact of the project. Included in this Focused Traffic Impact Analysis are:  Existing traffic counts,  Estimated project traffic generation/distribution/assignment,  Estimated cumulative project traffic generation/distribution/assignment,  AM and PM peak hour capacity analyses for existing conditions,  AM and PM peak hour capacity analyses for existing plus project conditions,  AM and PM peak hour capacity analyses for future near-term (Year 2019) traffic conditions without and with the proposed Project,  Site Access Evaluation,  Congestion Management Program Compliance Assessment, and  Roadway Segment Evaluation. 3-64 3-65 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 3 2.0 PROJECT DESCRIPTION The Project site is comprised of two parcels and is currently occupied by an existing gas station building and car wash at 325 N. Tustin Avenue and a sit-down restaurant at 301 N. Tustin Avenue. The site is generally located south of Fourth Street and east of Tustin Avenue. Both properties are located in the Professional (P) zoning district. 301 N. Tustin Avenue has a General Plan land use designation of Professional & Administrative Office (PAO) and 325 N. Tustin has the General Plan land use designation of General Commercial (GC). As proposed, the Project requires approval of a general plan amendment to change the land use designation from PAO to GC, zone change from P to Commercial General (C2). Figure 2-1 is an existing aerial photograph of the Project site. The Project will include the development of an express car wash and a gas station convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 118.5- foot express car wash tunnel to replace a 4,200 SF sit-down restaurant and a 12 pump gas service station with a 3,040 SF convenience store to replace the existing gas station building and car wash. Please note that the proposed Project will provide internal access between the two parcels. Table 2-1 provides a summary of the proposed Project components. The Project is expected to be constructed and completed by Year 2019, which has been utilized to assess the Project’s potential traffic impacts at full occupancy of the site within an opening year traffic setting. Figure 2-2 presents the site plan for the proposed Project prepared by Bundy Finkel Architects. 2.1 Site Access Vehicular access to the existing gas station at 325 N. Tustin Avenue is currently provided by one (1) right in-right out driveway on Tustin Avenue and two (2) right in-right out driveways on Fourth Street. Access to the existing restaurant at 301 N. Tustin Avenue is currently provided by one (1) full access driveway and one (1) right in-right out driveway on Tustin Avenue. Vehicular access will remain generally similar to the current driveways with the exception of the removal of the one (1) right in-right out driveway at the existing restaurant along Tustin Avenue and the western right in-right out driveway along Fourth Street. A total of three (3) driveways will provide access to the proposed Project site. 3-66 3-67 3-68 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 4 TABLE 2-1 PROJECT DEVELOPMENT SUMMARY1 Project Description Project Development Totals Existing Development  301 N. Tustin Avenue o Quality Restaurant 4,200 SF  325 N. Tustin Avenue o Gas Station With Convenience Market With Car Wash 8 VFP Proposed Development  301 N. Tustin Avenue o Express Car Wash 118.5 Feet  325 N. Tustin Avenue o Gas Station With Convenience Market 12 VFP Notes:  VFP = Vehicle Fueling Positions 1 Source: TCA Architects, 11/01/17. 3-69 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 5 3.0 EXISTING CONDITIONS 3.1 Existing Street System The principal local network of streets serving the project site includes Fourth Street, First Street, and Tustin Avenue. The following discussion provides a brief synopsis of these key area streets. The descriptions are based on an inventory of existing roadway conditions. Fourth Street is a six-lane, divided roadway oriented in the east-west direction that borders the Project site to the north. The posted speed limit on Fourth Street is 40 miles per hour (mph). On- street parking is not permitted along this roadway in the vicinity of the project. A traffic signal controls the study intersection of Fourth Street at Tustin Avenue. First Street is a four to six-lane, divided roadway oriented in the east-west direction that provides two or three lanes in each direction separated by a raised median island. The posted speed limit on First Street is 40 mph. On-street parking is not permitted along this roadway. A traffic signal controls the study intersections of First Street at Tustin Avenue. Tustin Avenue is a five-lane, divided roadway, oriented in the north-south direction. On-street parking is permitted along the west side of the roadway in the vicinity of the Project. The posted speed limit on Tustin Avenue is 40 mph. Traffic signals control the study intersections of Tustin Avenue at Fourth Street and First Street. Figure 3-1 presents an inventory of the existing roadway conditions for the arterials and intersections evaluated in this report. This figure identifies the number of travel lanes for key arterials, as well as intersection configurations and controls for the key area study intersections. 3.1.1 Public Transit Public transit bus service is provided in the project area by the Orange County Transportation Authority (OCTA). Two (2) OCTA bus routes operate within the vicinity of the Project site on First Street, Fourth Street and Tustin Avenue, which consist of the following:  OCTA Route 64 (Huntington Beach to Tustin): Route 64 is a community bus route serving the Cities of Huntington Beach, Westminster, Garden Grove, Santa Ana and Tustin. The major routes of travel include Bolsa Avenue, First Street and Newport Boulevard. Nearest to the project site are bus stops on First Street - eastbound and westbound of the intersection with Tustin Avenue. Route 64 operates on approximate 30-minute headways during weekdays and 20-minute headways on weekends.  OCTA Route 71 (Newport Beach to Placentia): Route 71 is a community bus route serving the Cities of Newport Beach, Costa Mesa, Irvine, Tustin, Santa Ana, Orange, Anaheim and Placentia. The major routes of travel include Newport Boulevard, Red Hill Avenue, Newport Avenue, First Street, Tustin Avenue and Rose Avenue. Nearest to the project site are bus stops on Tustin Avenue at the intersections with First Street and Fourth Street. Route 71 operates on approximate 30-minute headways during weekdays and 45-minute headways on weekends. 3-70 3-71 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 6 3.2 Existing Traffic Volumes Four (4) key study intersections and one (1) key roadway segment have been identified as the locations at which to evaluate existing and future traffic operating conditions. Some portion of potential project-related traffic will pass through each of these intersections, and their analysis will reveal the expected relative impacts of the project. These key locations were selected for evaluation based on discussions with City of Santa Ana staff and in consideration of Orange County CMP requirements. Existing daily, AM peak hour and PM peak hour traffic volumes for the key study intersections of Tustin Avenue at Fourth Street and Tustin Avenue at First Street, as well as the one (1) key roadway segment evaluated in this report were obtained from manual turning movement counts conducted by Transportation Studies, Inc. in October 2016. Please note that counts collected in October 2016 were grown by 1% to 2017 to create a 2017 baseline condition. Existing AM peak hour and PM peak hour traffic volumes for the key study intersections of SR-55 SB Ramps at Fourth Street and SR-55 NB Ramps at Fourth Street/Irvine Boulevard were obtained from manual turning movement counts conducted by AimTD LLC in May 2017. Figures 3-2 and 3-3 illustrate the existing AM and PM peak hour traffic volumes at the four (4) key study intersections evaluated in this report, respectively. Figure 3-3 also presents the existing average daily traffic volumes for the one (1) key roadway segment in the vicinity of the proposed Project. Please note that these existing volumes include the traffic generated by the existing land uses. Appendix B contains the detailed peak hour and daily traffic count sheets for the key intersections and roadway segments evaluated in this report. 3.3 Intersection Analysis Methodologies Existing AM and PM peak hour operating conditions for the four (4) key study intersections were evaluated using the Intersection Capacity Utilization (ICU) methodology for signalized intersections and the methodology outlined in the Highway Capacity Manual 6 (HCM 6) for the unsignalized Project driveways. 3.3.1 Intersection Capacity Utilization (ICU) Method of Analysis In conformance with City of Santa Ana, City of Tustin, and Orange County CMP requirements, existing AM and PM peak hour operating conditions for the key signalized study intersections were evaluated using the Intersection Capacity Utilization (ICU) method. The ICU technique is intended for signalized intersection analysis and estimates the volume to capacity (V/C) relationship for an intersection based on the individual V/C ratios for key conflicting traffic movements. The ICU numerical value represents the percent signal (green) time, and thus capacity, required by existing and/or future traffic. It should be noted that the ICU methodology assumes uniform traffic distribution per intersection approach lane and optimal signal timing. 3-72 3-73 3-74 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 7 Per City of Santa Ana requirements, the ICU calculations use a lane capacity of 1,700 vehicles per hour (vph) for through lanes and 1,600 vph for left-turn lanes and right-turn lanes. A clearance adjustment factor of 0.05 was added to each Level of Service calculation. Per City of Tustin requirements, the ICU calculations use a lane capacity of 1,700 for through and all turn lanes. A clearance adjustment factor of 0.05 was added to each Level of Service calculation. The ICU value translates to a Level of Service (LOS) estimate, which is a relative measure of the intersection performance. The ICU value is the sum of the critical volume to capacity ratios at an intersection; it is not intended to be indicative of the LOS of each of the individual turning movements. The six qualitative categories of Level of Service have been defined along with the corresponding ICU value range and are shown in Table 3-1. 3.3.2 Highway Capacity Manual 6 (HCM 6) Method of Analysis (Unsignalized Intersections) Two-way stop-controlled intersections are comprised of a major street, which is uncontrolled, and a minor street, which is controlled by stop signs. Level of service for a two-way stop-controlled intersection is determined by the computed or measured control delay. The control delay by movement, by approach, and for the intersection as a whole is estimated by the computed capacity for each movement. LOS is determined for each minor-street movement (or shared movement) as well as major-street left turns. The worst side street approach delay is reported. LOS is not defined for the intersection as a whole or for major-street approaches, as it is assumed that major-street through vehicles experience zero delay. The HCM control delay value range for two-way stop- controlled intersections is shown in Table 3-2. 3.3.3 Level of Service Criteria According to the Cities of Santa Ana and Tustin, LOS D is the minimum acceptable condition that should be maintained during the peak commute hours. However, the City of Santa Ana has defined exceptions to this criterion at specific locations within the study area. The City of Santa Ana has defined major development areas where LOS “E” is considered acceptable. Caltrans “endeavors to maintain a target LOS at the transition between LOS “C” and LOS “D” on State highway facilities”; it does not require that LOS “D” (shall) be maintained. However, Caltrans acknowledges that this may not always be feasible and recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. Caltrans has determined that all state owned facilities that operate below LOS D should be identified and improved to an acceptable LOS. The Caltrans Traffic Impact Study Guidelines dated December 2002 does state that if an existing state owned facility operates at less than LOS D, the existing service level should be maintained. Based on the above, the following summarizes the LOS required for each key study intersection: 3-75 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 8 LOS “D” Requirements 2. Tustin Avenue at First Street 4. SR-55 NB Ramps at Fourth St/Irvine Blvd 3. SR-55 SB Ramps at Fourth Street LOS “E” Requirements 1. Tustin Avenue at Fourth Street 3-76 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 9 TABLE 3-1 LEVEL OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS Level of Service (LOS) Intersection Capacity Utilization Value (V/C) Level of Service Description A  0.600 EXCELLENT. No vehicle waits longer than one red light, and no approach phase is fully used. B 0.601 – 0.700 VERY GOOD. An occasional approach phase is fully utilized; many drivers begin to feel somewhat restricted within groups of vehicles. C 0.701 – 0.800 GOOD. Occasionally drivers may have to wait through more than one red light; backups may develop behind turning vehicles. D 0.801 – 0.900 FAIR. Delays may be substantial during portions of the rush hours, but enough lower volume periods occur to permit clearing of developing lines, preventing excessive backups. E 0.901 – 1.000 POOR. Represents the most vehicles intersection approaches can accommodate; may be long lines of waiting vehicles through several signal cycles. F > 1.000 FAILURE. Backups from nearby locations or on cross streets may restrict or prevent movement of vehicles out of the intersection approaches. Potentially very long delays with continuously increasing queue lengths. 3-77 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 10 TABLE 3-2 LEVEL OF SERVICE CRITERIA FOR UNSIGNALIZED INTERSECTIONS (HCM 6 METHODOLOGY)2 Level of Service (LOS) Highway Capacity Manual (HCM) Delay Per Vehicle (seconds/vehicle) Level of Service Description A  10.0 Little or no delay B > 10.0 and  15.0 Short traffic delays C > 15.0 and  25.0 Average traffic delays D > 25.0 and  35.0 Long traffic delays E > 35.0 and  50.0 Very long traffic delays F > 50.0 Severe congestion 2 Source: Highway Capacity Manual 6, Chapter 20: Two-Way Stop-Controlled Intersections. The LOS criteria apply to each lane on a given approach and to each approach on the minor street. LOS is not calculated for major-street approaches or for the intersection as a whole. 3-78 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 11 3.4 Existing Level of Service Results Table 3-3 summarizes the existing peak hour service level calculations for the four (4) key study intersections based on existing traffic volumes and current street geometrics. Review of Table 3-3 indicates that three (3) of the four (4) key study intersections currently operate at an acceptable level of service during the AM and PM peak hours. The exception is SR-55 SB Ramps at Fourth Street, which currently operates at unacceptable LOS E during the AM peak hour. Appendix C presents the ICU/LOS calculation worksheets for the four (4) key study intersections for the AM peak hour and PM peak hour. 3-79 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 12 TABLE 3-3 EXISTING PEAK HOUR INTERSECTION CAPACITY ANALYSIS Key Intersection Jurisdiction Minimum Acceptable LOS Control Type Time Period ICU/HCM LOS 1. Tustin Avenue at Fourth Street Santa Ana E 8 Traffic Signal AM 0.602 B PM 0.783 C 2. Tustin Avenue at First Street Tustin D 6 Traffic Signal AM 0.490 A PM 0.517 A 3. SR-55 SB Ramps at Fourth Street Santa Ana/ Caltrans D 3 Traffic Signal AM 0.902 E PM 0.783 C 4. SR-55 NB Ramps at Fourth Street/Irvine Boulevard Tustin/ Caltrans D 3 Traffic Signal AM 0.699 B PM 0.757 C 3-80 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 13 4.0 TRAFFIC FORECASTING METHODOLOGY In order to estimate the traffic impact characteristics of the proposed Project, a multi-step process has been utilized. The first step is traffic generation, which estimates the total arriving and departing traffic on a peak hour and daily basis. The traffic generation potential is forecast by applying the appropriate vehicle trip generation equations or rates to the project development tabulation. The second step of the forecasting process is traffic distribution, which identifies the origins and destinations of inbound and outbound project traffic. These origins and destinations are typically based on demographics and existing/expected future travel patterns in the study area. The third step is traffic assignment, which involves the allocation of project traffic to study area streets and intersections. Traffic assignment is typically based on minimization of travel time, which may or may not involve the shortest route, depending on prevailing operating conditions and travel speeds. Traffic distribution patterns are indicated by general percentage orientation, while traffic assignment allocates specific volume forecasts to individual roadway links and intersection turning movements throughout the study area. With the forecasting process complete and project traffic assignments developed, the impact of the proposed project is isolated by comparing operational (LOS) conditions at selected key intersections using expected future traffic volumes with and without forecast project traffic. The need for site- specific and/or cumulative local area traffic improvements can then be evaluated and the significance of the project’s impacts identified. 3-81 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 14 5.0 PROJECT TRAFFIC CHARACTERISTICS 5.1 Project Traffic Generation Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. Generation equations and/or rates used in the traffic forecasting procedure are found in the 9th Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington D.C., 2012]. Table 5-1 summarizes the trip generation rates used in forecasting the vehicular trips generated by the proposed Project and also presents the project’s forecast peak hour and daily traffic volumes. As shown in the upper portion of Table 5-1, ITE Land Use 931: Quality Restaurant and ITE Land Use 946: Gasoline/Service Station With Convenience Market and Car Wash trip rates will be used to forecast the trip generation of the existing development. ITE Land Use 945: Gasoline/Service Station With Convenience Market will be used to forecast the trip generation of the gas station portion of the proposed Project. Empirical trip generation estimates at Victorville Speedwash collected on February 7, 2014 will be used to forecast the trip generation of the express car wash portion of the proposed Project. A review of the middle portion of this table indicates that the existing land uses generate 1,257 daily trips, with 39 trips (21 inbound, 18 outbound) produced in the AM peak hour and 66 trips (37 inbound, 29 outbound) produced in the PM peak hour. A review of the lower portion of Table 5-1 indicates that the proposed Project is forecast to generate 2,235 daily trips, with 89 trips (48 inbound, 41 outbound) produced in the AM peak hour and 152 trips (76 inbound, 76 outbound) produced in the PM peak hour. Review of the last row of Table 5-1 shows that with application of existing trip credits, the proposed Project is forecast to generate a new of 978 daily trips, a net of 50 (27 inbound, 23 outbound) AM peak hour trips, and a net of 86 (39 inbound, 47 outbound) PM peak hour trips. 5.2 Project Trip Distribution and Assignment Figures 5-1 and 5-2 present the trip distribution pattern for the gas station and commercial components proposed Project, respectively. Project traffic volumes both entering and exiting the project site have been distributed and assigned to the adjacent street system based on the following considerations:  location of site access points in relation to the surrounding street system,  the site's proximity to major traffic carriers and regional access routes,  physical characteristics of the circulation system such as lane channelization and presence of traffic signals that affect travel patterns,  presence of traffic congestion in the surrounding vicinity, and  ingress/egress availability at the project site. 3-82 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 15 The anticipated near-term AM and PM peak hour project traffic volumes associated with the proposed Project (the net trip volumes and existing trip credits) are presented in Figures 5-3 and 5-4, respectively. Figure 5-4 also presents the daily Project traffic volumes. The traffic volume assignments presented in Figures 5-3 and 5-4 reflect the traffic distribution characteristics shown in Figures 5-1 and 5-2 and the traffic generation forecast presented in Table 5-1. 5.3 Existing Plus Project Traffic Conditions The Existing Plus Project traffic conditions have been generated based upon existing conditions and the estimated project traffic. These forecast traffic conditions have been prepared pursuant to the California Environmental Quality Act (CEQA) guidelines, which require that the potential impacts of a Project be evaluated upon the circulation system as it currently exists. This traffic volume scenario and the related intersection capacity analyses will identify the roadway improvements necessary to mitigate the direct traffic impacts of the Project, if any. Figures 5-5 and 5-6 present projected AM and PM peak hour traffic volumes at the four (4) key study intersections and three (3) Project driveways with the addition of the trips generated by the proposed Project to existing traffic volumes. Figure 5-6 also presents the Existing Plus Project daily traffic volumes. 3-83 3-84 3-85 3-86 3-87 3-88 3-89 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 16 TABLE 5-1 PROJECT TRIP GENERATION RATES AND FORECAST3 Description Daily 2-Way AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Trip Generation Rates:  931: Quality Restaurant (TE/TSF) 89.95 100% 0% 0.81 67% 33% 7.49  945: Gasoline/Service Station With Convenience Market (TE/VFP) 162.78 50% 50% 10.16 50% 50% 13.51  946: Gasoline/Service Station With Convenience Market and Car Wash (TE/VFP) 152.84 51% 49% 11.84 51% 49% 13.86  Empirical Trip Generation Estimates for Speedwash (TE/LFWT) 5 8.663 0.275 0.204 0.479 0.450 0.463 0.913 Existing Development Trip Generation:  Gas Station With Market With Car Wash (8 VFP) 1,223 48 47 95 57 54 111 Pass-By (Daily 25%, AM 62%, PM 56%) -306 -30 -29 -59 -32 -30 -62 Existing Gas Station Subtotal 917 18 18 36 25 24 49  Quality Restaurant (4,200 SF) 378 3 0 3 21 10 31 Pass-By (Daily 10%, AM 0%, PM 44%) -38 0 0 0 -9 -5 -14 Existing Restaurant Subtotal 340 3 0 3 12 5 17 Proposed Project Trip Generation:  Gas Station With Market (12 VFP) 1,953 61 61 122 81 81 162 Pass-By (Daily 25%, AM 62%, PM 56%) -488 -38 -38 -76 -45 -46 -91 Proposed Gas Station Subtotal 1,465 23 23 46 36 35 71  Express Car Wash (118.5 Feet of Tunnel) 1,027 33 24 57 53 55 108 Pass-By (Daily 25%, AM 25%, PM 25%) -257 -8 -6 -14 -13 -14 -27 Proposed Car Wash Subtotal 770 25 18 43 40 41 81 Total Existing Development Trip Generation (A) 1,257 21 18 39 37 29 66 Total Proposed Project Trip Generation (B) 2,235 48 41 89 76 76 152 Total Net Project Trip Generation (C) = (B) – (A) 978 27 23 50 39 47 86 Notes:  TE/TSF = Trip End per 1,000 Square Feet of Gross Floor Area  TE/VFP = Trip End per Vehicle Fueling Position  TE/LFWP = Trip End per Linear Feet of Wash Tunnel 3 Source: Trip Generation, 9th Edition, Institute of Transportation Engineers (ITE), Washington, D.C. (2012). 5 Based on driveway traffic counts conducted on Friday (2/7/2014) at Victorville Speedwash (12147 Industrial Boulevard, Victoriville). 3-90 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 17 6.0 FUTURE TRAFFIC CONDITIONS 6.1 Ambient Traffic Growth Horizon year, background traffic growth estimates have been calculated using an ambient traffic growth factor. The ambient traffic growth factor is intended to include unknown and future cumulative projects in the study area, as well as account for regular growth in traffic volumes due to the development of projects outside the study area. The future growth in traffic volumes has been calculated at one percent (1.0%) per year. Applied to the Year 2017 existing traffic volumes, this factor results in a 2.0% growth in existing volumes to the near-term horizon year 2019. 6.2 Cumulative Projects Traffic Characteristics In order to make a realistic estimate of future on-street conditions prior to implementation of the proposed Project, the status of other known development projects (cumulative projects) within a two-mile radius of the proposed project has been researched at the City of Santa Ana and City of Tustin. With this information, the potential impact of the proposed Project can be evaluated within the context of the cumulative impact of all ongoing development. Based on our research during the scoping process, there are sixteen (16) cumulative projects in the City of Santa Ana and eight (8) cumulative projects in the City of Tustin that are being processed for approval. These twenty-four (24) cumulative projects have been included as part of the cumulative background setting. Table 6-1 provides a brief description for each of the twenty-four (24) cumulative projects. Figure 6-1 graphically illustrates the location of the twenty-four (24) cumulative projects. These cumulative projects are expected to generate vehicular traffic, which may affect the operating conditions of the key study intersections. Table 6-2 summarizes the trip generation potential for all twenty-four (24) cumulative projects on a daily and peak hour basis for a typical weekday. As shown, the cumulative projects are expected to generate 30,720 daily trips, with 2,501 trips (1,176 inbound, 1,325 outbound) anticipated during the AM peak hour and 2,962 trips (1,506 inbound, 1,456 outbound) produced during the PM peak hour. The AM and PM peak hour traffic volumes associated with the twenty-four (24) cumulative projects in the Year 2019 are presented in Figures 6-2 and 6-3, respectively. Figure 6-3 also presents the daily related project traffic volumes. 6.2.1 Year 2019 Traffic Volumes Figures 6-4 and 6-5 present the AM and PM peak hour cumulative traffic volumes (existing traffic + ambient growth + cumulative projects) at the four (4) key study intersections for the Year 2019. Figure 6-5 also presents the Year 2019 daily cumulative traffic volumes. Figures 6-6 and 6-7 illustrate the Year 2019 forecast AM and PM peak hour traffic volumes, with the inclusion of the trips generated by the proposed Project. Figure 6-7 also presents the Year 2019 daily cumulative plus project traffic volumes. 3-91 3-92 3-93 3-94 3-95 3-96 3-97 3-98 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 18 TABLE 6-1 LOCATION AND DESCRIPTION OF CUMULATIVE PROJECTS7 No. Cumulative Project Location/Address Description City of Santa Ana Development 1. Artist Gateway 117 South Sycamore Street 14 DU Live/Work 2. Depot at Santiago 923 North Santiago Street 70 DU Apartments, 12.623 TSF Retail/Office 3. Lotus Townhomes 627 East Washington Avenue 8 DU Townhomes 4. Rocket Express Car Wash 1703 East Seventeenth Street 4.995 TSF Car Wash, 20.146 TSF Existing Commercial Demolition 5. Sexlinger Homes and Orchard 1584 East Santa Clara Avenue 24 DU Single Family Detached 6. First Street Family Apartments 1440 East First Street 69 DU Apartments, 47.04 TSF Existing Office Demolition 7. One Broadway Plaza 1109 North Broadway 518.000 SF Office Tower with 16.000 TSF of Restaurant Floor Area 8. East First Street Apartments 2222 East First Street 419 DU Senior Residential Apartments 9. First Street Care Home 2151 East First Street Convert 75 Room Motel to 72 DU Supportive Housing Apartments 10. Tom’s Trucks Residential Development 1008 East Fourth Street 170 DU Single Family Detached 11. The Madison 200 N. Cabrillo Park Drive 260 DU Apartments, 6,561 TSF Commercial 12. 2114 East First Apartments 2114 East First Street 694 DU Affordable Apartments, 9.700 TSF Commercial 13. 888 Adaptive Reuse 888 North Main Street 146 Condominiums 14. Elk’s Lodge 1701 East St. Andrew Place 46.438 TSF Lodge 15. Hampton Inn Hotel 2129 North Main Street 135 Room Hotel 16. Tustin Avenue Retail 1660 E. First Street 601 DU Apartments, 16.430 TSF Commercial City of Tustin Development 17. Tustin Red Hill Mixed-Use 13751-13841 Red Hill Avenue 201 DU Apartments, 3.000 TSF Health Club, 10.000 TSF General Office, 4.000 TSF Shopping Center, 3.000 TSF High- Turnover Restaurant 18. 4 Unit Condominium Complex 1051 Bonita Street 4 DU Condominiums 19. 5 Detached Residential Condos 1381-1391 San Juan Street 5 DU Condominiums 20. New Office Building 721 West First Street 7.200 TSF Office 21. Restaurant 14232 Newport Avenue 1.800 TSF Fast-Food Restaurant w/ Drive-Thru 7 Source: City of Santa Ana and City of Tustin Planning Department staff. 3-99 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 19 TABLE 6-1 (CONTINUED) LOCATION AND DESCRIPTION OF CUMULATIVE PROJECTS8 No. Cumulative Project Location/Address Description 22. Grace Harbor Church 12881 Newport Avenue 10.015 TSF 2-story Classroom 23. Habitat for Humanity 140 South A Street 2 DU Condominiums 24. Intracorp So Cal-1 420 West 6th Street 140 DU Single Family Attached 8 Source: City of Santa Ana and City of Tustin Planning Department staff. 3-100 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 20 TABLE 6-2 CUMULATIVE PROJECTS TRIP GENERATION FORECAST9 Cumulative Project Description Daily 2-Way AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 1. Artist Gateway 93 1 6 7 6 3 9 2. Depot at Santiago 658 15 32 47 31 24 55 3. Lotus Townhomes 46 1 3 4 3 1 4 4. Rocket Express Car Wash 529 15 15 30 21 20 41 5. Sexlinger Homes and Orchard 229 5 13 18 15 9 24 6. First Street Family Apartments 459 7 28 35 28 15 43 7. One Broadway Plaza 6,175 641 94 735 198 596 794 8. East First Street Apartments 1,524 30 59 89 60 51 111 9. First Street Care Home 479 7 30 37 29 16 45 10. Tom’s Trucks Residential Development 1,618 32 96 128 107 63 170 11. The Madison 2,010 30 104 134 115 69 184 12. 2114 East First Apartments 4,988 76 286 362 291 163 454 13. 888 Adaptive Reuse 848 11 53 64 51 25 76 14. Elk’s Lodge 1,571 63 32 95 62 65 127 15. Hampton Inn Hotel 1,103 42 30 72 41 40 81 16. Tustin Avenue Retail 4,464 67 240 307 257 155 412 17. Tustin Red Hill Mixed-Use 2,098 57 102 159 115 81 196 18. 4 Unit Apartment Complex 27 0 2 2 1 1 2 19. 5 Detached Residential Condos 29 0 2 2 2 1 3 20. New Office Building 122 15 2 17 3 13 16 21. Restaurant 670 21 21 42 15 14 29 22. Grace Harbor Church 155 29 23 52 5 7 12 23. Habitat for Humanity 12 0 1 1 1 0 1 24. Intracorp So Cal-1 813 11 51 62 49 24 73 Cumulative Projects Total Trip Generation Potential 30,720 1,176 1,325 2,501 1,506 1,456 2,962 9 Source: Trip Generation, 9th Edition, Institute of Transportation Engineers (ITE), Washington, D.C. (2012). 3-101 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 21 7.0 TRAFFIC IMPACT ANALYSIS METHODOLOGY The relative impact of the proposed Project during the AM peak hour and PM peak hour was evaluated based on analysis of future operating conditions at the four (4) key study intersections, without, then with, the proposed Project. The previously discussed capacity analysis procedures were utilized to investigate the future volume-to-capacity relationships and service level characteristics at each study intersection. The significance of the potential impacts of the Project at each key intersection was then evaluated using the following traffic impact criteria. 7.1 Impact Criteria and Thresholds 7.1.1 City of Santa Ana For the study intersection solely under the jurisdiction of the City of Santa Ana, impacts to local and regional transportation systems are considered significant if:  An unacceptable peak hour Level of Service (LOS) at any of the key intersections is projected and the project increases traffic demand at the study intersection by 1% of capacity (ICU increase  0.010). The City of Santa Ana considers LOS D (ICU = 0.801 - 0.900) to be the minimum acceptable LOS for all intersections, except for those locations located within the City’s defined major development areas, where LOS E is considered acceptable. Based on the above, the following summarizes the LOS required for the Santa Ana key study intersection: LOS “D” Requirements 3. SR-55 SB Ramps at Fourth Street LOS “E” Requirements 1. Tustin Avenue at Fourth Street  At unsignalized intersections, an impact is considered to be significant if the project causes an intersection at LOS D or better to degrade to LOS E or F and the traffic signal warrant analysis determines that a signal is justified. 7.1.2 City of Tustin For the study intersection within the jurisdiction of the City of Tustin, impacts to local and regional transportation systems are considered significant if:  An unacceptable peak hour Level of Service (LOS) at any of the key intersections is projected and, for this analysis, if the project increases traffic demand at the study intersection by 1% of capacity (ICU increase  0.010), causing or worsening LOS E or F (ICU > 0.901), the impact is considered significant. The City of Tustin considers LOS D to be the minimum acceptable condition that should be maintained during the peak commute hours at the intersection listed below: 3-102 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 22 LOS “D” Requirements 2. Tustin Avenue at First Street 4. SR-55 NB Ramps at Fourth Street/Irvine Boulevard 7.2 Traffic Impact Analysis Scenarios The following scenarios are those for which volume/capacity calculations have been performed at the four (4) key intersections for existing plus project, near-term (Year 2019) traffic conditions: A. Existing Traffic Conditions; B. Existing Plus Project Traffic Conditions; C. Scenario (B) with Improvements, if necessary; D. Near-Term (Year 2019) Cumulative Traffic Conditions, E. Near-Term (Year 2019) Cumulative plus Project Traffic Conditions; F. Scenario (E) with Improvements, if necessary; and G. Scenario (H) with Improvements, if necessary. 3-103 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 23 8.0 PEAK HOUR INTERSECTION CAPACITY ANALYSIS 8.1 Existing Plus Project Analysis Table 8-1 summarizes the peak hour Level of Service results at the four (4) key study intersections for existing plus project traffic conditions. The first column (1) of ICU/LOS values in Table 8-1 presents a summary of existing AM and PM peak hour traffic conditions (which were also presented in Table 3-3). The second column (2) lists existing plus project traffic conditions. The third column (3) shows the increase in ICU value due to the added peak hour Project trips and indicates whether the traffic associated with the Project will have a significant impact based on the LOS standards and significant impact criteria defined in this report. The fourth column (4) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 8.1.1 Existing Plus Project Traffic Conditions Review of columns (2) and (3) of Table 8-1 indicate that traffic associated with the proposed Project will not significantly any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic. Appendix C presents the existing plus project ICU/LOS calculations for the four (4) key study intersections. 3-104 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 24 TABLE 8-1 EXISTING PLUS PROJECT PEAK HOUR INTERSECTION CAPACITY ANALYSIS SUMMARY Key Intersection Minimum Acceptable LOS Time Period (1) Existing Traffic Conditions (2) Existing Plus Project Traffic Conditions (3) Significant Impact (4) Existing Plus Project Plus Improvements Traffic Conditions ICU LOS ICU LOS Increase Yes/No ICU LOS 1. Tustin Avenue at Fourth Street E AM 0.602 B 0.609 B 0.007 No -- -- PM 0.783 C 0.794 C 0.011 No -- -- 2. Tustin Avenue at First Street D AM 0.490 A 0.496 A 0.006 No -- -- PM 0.517 A 0.528 A 0.011 No -- -- 3. SR-55 SB Ramps at Fourth Street D AM 0.902 E 0.905 E 0.003 No -- -- PM 0.783 C 0.788 C 0.005 No -- -- 4. SR-55 NB Ramps at Fourth St/Irvine Blvd D AM 0.699 B 0.701 C 0.002 No -- -- PM 0.757 C 0.761 C 0.004 No -- -- Note:  Bold ICU/LOS values indicate adverse service levels based on the Cities LOS standards. 3-105 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 25 8.2 Year 2019 Traffic Conditions Table 8-2 summarizes the peak hour Level of Service results at the four (4) key study intersections for the Year 2019 horizon year. The first column (1) of ICU/LOS values in Table 8-2 presents a summary of existing AM and PM peak hour traffic conditions. The second column (2) lists projected cumulative traffic conditions (existing plus ambient plus cumulative projects traffic) based on existing intersection geometry, but without any traffic generated from the proposed Project. The third column (3) presents forecast Year 2019 near-term traffic conditions with the addition of Project traffic. The fourth column (4) shows the increase in ICU value due to the added peak hour Project trips and indicates whether the traffic associated with the Project will have a significant impact based on the LOS standards and significant impact criteria defined in this report. The fifth column (5) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 8.2.1 Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) background traffic conditions indicates that with the addition of ambient traffic growth and cumulative projects traffic, one (1) of the four (4) key study intersections will operate at an adverse LOS. The location identified below is forecast to operate at an unacceptable level of service: AM Peak Hour PM Peak Hour Key Intersection ICU/HCM LOS ICU/HCM LOS 6. SR-55 SB Ramps at Fourth Street 0.968 E -- -- The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS based on the LOS criteria identified in this report. 8.2.2 Year 2019 Cumulative Plus Project Conditions Review of columns (3) and (4) of Table 8-2 indicate that traffic associated with the proposed Project will not significantly impact any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at an adverse LOS E during the AM peak hour, with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. Appendix C also presents the near-term ICU/LOS calculations for the four (4) key study intersections. 3-106 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 26 TABLE 8-2 YEAR 2019 PEAK HOUR INTERSECTION CAPACITY ANALYSIS SUMMARY Key Intersection Minimum Acceptable LOS Time Period (1) Existing Traffic Conditions (2) Year 2019 Cumulative Traffic Conditions (3) Year 2019 Plus Project Traffic Conditions (4) Significant Impact (5) Year 2019 Plus Project Plus Improvements Traffic Conditions ICU LOS ICU LOS ICU LOS Increase Yes/No ICU LOS 1. Tustin Avenue at Fourth Street E AM 0.602 B 0.746 C 0.766 C 0.020 No -- -- PM 0.783 C 0.849 D 0.860 D 0.011 No -- -- 2. Tustin Avenue at First Street D AM 0.490 A 0.606 B 0.612 B 0.006 No -- -- PM 0.517 A 0.599 A 0.607 B 0.008 No -- -- 3. SR-55 SB Ramps at Fourth Street D AM 0.902 E 0.968 E 0.971 E 0.003 No -- -- PM 0.783 C 0.847 D 0.852 D 0.005 No -- -- 4. SR-55 NB Ramps at Fourth St/Irvine Blvd D AM 0.699 B 0.777 C 0.779 C 0.002 No -- -- PM 0.757 C 0.822 D 0.827 D 0.005 No -- -- Notes:  Bold ICU/LOS values indicate adverse service levels based on the Cities LOS standards. 3-107 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 27 9.0 SITE ACCESS AND INTERNAL CIRCULATION EVALUATION 9.1 Site Access Vehicular access to the existing gas station at 325 N. Tustin Avenue is currently provided by one (1) right in-right out driveway on Tustin Avenue and four (4) right in-right out driveways on Fourth Street. Access to the existing restaurant at 301 N. Tustin Avenue is currently provided by one (1) full access driveway and one (1) right in-right out driveway on Tustin Avenue. Vehicular access will remain generally similar to the current driveways with the exception of the removal of the one (1) right in-right out driveway at the existing restaurant along Tustin Avenue and the westerly right in-right out driveway along Fourth Street. A total of three (3) driveways will provide access to the proposed Project site. Table 9-1 summarizes the intersection level of service results for the three (3) proposed Project driveways under near-term (Year 2019) traffic conditions at completion and full occupancy of the proposed Project. As shown, these key study intersections are forecast to operate at LOS C or better during the AM peak hour and PM peak hour. Appendix D presents the near-term HCM/LOS calculations for the three (3) Project driveways. 9.2 Internal Circulation Evaluation The on-site circulation was evaluated in terms of vehicle-pedestrian conflicts. Based on our review of the preliminary site plan, the overall layout does not create any unsafe vehicle-pedestrian conflict points and the driveway throating is sufficient such that access to parking spaces is not impacted by internal vehicle queuing/stacking. Curb return radii have been confirmed and are adequate for service/delivery trucks and trash trucks. The on-site circulation is very good based on our review of the proposed site plan, whereas the alignment, spacing, and throating of the Project driveways is adequate. The circulation around the buildings is adequate with sufficient sight distance along the drive aisles. 3-108 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 28 TABLE 9-1 PROJECT DRIVEWAY PEAK HOUR INTERSECTION CAPACITY ANALYSIS SUMMARY Key Intersection Intersection Control Time Period (1) Year 2019 Plus Project Traffic Conditions Delay (s/v) LOS A. Project Driveway 1 at Fourth Street One-Way Stop AM 23.3 C PM 21.7 C B. Tustin Avenue at Project Driveway 2 One-Way Stop AM 12.6 B PM 16.5 C C. Tustin Avenue at Project Driveway 3 One-Way Stop AM 14.6 B PM 25.0 C Notes:  Bold Delay/LOS values indicate adverse service levels based on the Cities LOS standards  s/v = seconds per vehicle 3-109 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 29 10.0 RECOMMENDED INTERSECTION IMPROVEMENTS For those intersections where projected traffic volumes are expected to result in unacceptable operating conditions, this report recommends (identifies) improvement measures that change the intersection geometry to increase capacity. These capacity improvements involve roadway widening and/or re-striping to reconfigure (add lanes) to specific approaches of a key intersection. The identified improvements are expected to:  mitigate the impact of existing traffic, Project traffic and future non-project (ambient traffic growth and cumulative project) traffic and  improve Levels of Service to an acceptable range and/or to pre-project conditions. 10.1 Existing Plus Project Traffic Conditions The results of the intersection capacity analysis presented previously in Table 8-1 shows that the proposed Project will not significantly impact any of the four (4) key study intersections under the “Existing Plus Project” traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 10.2 Year 2019 Plus Project Traffic Conditions The results of the intersection capacity analyses presented previously in Table 8-2 shows that the proposed Project will not significantly impact any of the four (4) key study intersections under the “Year 2019 Plus Project” traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 3-110 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 30 11.0 CONGESTION MANAGEMENT PROGRAM (CMP) COMPLIANCE ASSESSMENT This analysis is consistent with the requirements and procedures outlined in the current Orange County Congestion Management Program (CMP). The CMP requires that a traffic impact analysis be conducted for any project generating 2,400 or more daily trips, or 1,600 or more daily trips for projects that directly access the CMP Highway System (HS). Per the CMP guidelines, this number is based on the desire to analyze any impacts that will be 3.0% or more of the existing CMP highway system facilities’ capacity. However, as noted in this focused traffic study, the proposed Project is expected to generate a net of 878 daily trips, and thus does not meet the criteria required for a CMP traffic analysis. Therefore, it is concluded that the proposed Project will not have any significant traffic impacts on the Congestion Management Program Highway System. 3-111 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 31 12.0 STATE OF CALIFORNIA (CALTRANS) METHODOLOGY In conformance with the current Caltrans Guide for the Preparation of Traffic Impact Studies, existing and projected AM and PM peak hour operating conditions at the two (2) state-controlled study intersections within the study area have been evaluated using the Highway Capacity Manual 6th Edition operations method of analysis. These state-controlled locations include the following intersections: 3. SR- 55 Ramps at Fourth Street 4. SR-55 NB Ramps at Fourth St/Irvine Blvd Caltrans “endeavors to maintain a target LOS at the transition between LOS “C” and LOS “D” on State highway facilities”; it does not require that LOS “D” (shall) be maintained. However, Caltrans acknowledges that this may not always be feasible and recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. For this analysis, LOS D is the target level of service standard and will be utilized to assess the project impacts at the state-controlled study intersections. 12.1 Highway Capacity Manual (HCM) Method of Analysis (Signalized Intersections) AM and PM peak hour operating conditions for the key study intersections were evaluated using the methodology outlined in Chapter 19 of the Highway Capacity Manual 6 (HCM 6) for signalized intersections. Based on the HCM operations method of analysis, level of service for signalized intersections and approaches is defined in terms of control delay, which is a measure of the increase in travel time due to traffic signal control, driver discomfort, and fuel consumption. Control delay includes the delay associated with vehicles slowing in advance of an intersection, the time spent stopped on an intersection approach, the time spent as vehicles move up in the queue, and the time needed for vehicles to accelerate to their desired speed. LOS criteria for traffic signals are stated in terms of the control delay in seconds per vehicle. The LOS thresholds established for the automobile mode at a signalized intersection are shown in Table 12-1. 3-112 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 32 TABLE 12-1 LEVEL OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS (HCM 6 METHODOLOGY)10 Level of Service (LOS) Control Delay Per Vehicle (seconds/vehicle) Level of Service Description A < 10.0 This level of service occurs when progression is extremely favorable and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. B > 10.0 and < 20.0 This level generally occurs with good progression, short cycle lengths, or both. More vehicles stop than with LOS A, causing higher levels of average delay. C > 20.0 and < 35.0 Average traffic delays. These higher delays may result from fair progression, longer cycle lengths, or both. Individual cycle failures may begin to appear at this level. The number of vehicles stopping is significant at this level, though many still pass through the intersection without stopping. D > 35.0 and < 55.0 Long traffic delays At level D, the influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, long cycle lengths, or high v/c ratios. Many vehicles stop and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. E > 55.0 and < 80.0 Very long traffic delays This level is considered by many agencies to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths and high v/c ratios. Individual cycle failures are frequent occurrences. F  80.0 Severe congestion This level, considered to be unacceptable to most drivers, often occurs with over saturation, that is, when arrival flow rates exceed the capacity of the intersection. It may also occur at high v/c ratios below 1.0 with many individual cycle failures. Poor progression and long cycle lengths may also be major contributing factors to such delay levels. 10 Source: Highway Capacity Manual 6, Chapter 19: Signalized Intersections. 3-113 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 33 12.2 Existing Plus Project Traffic Conditions – Caltrans Methodology Table 12-2 summarizes the existing plus project peak hour HCM level of service results at the two (2) state-controlled study intersections within the study area. The first column (1) of HCM/LOS values in Table 12-2 presents a summary of existing traffic conditions. The second column (2) presents existing plus project traffic conditions. The third column (3) indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. The fourth column (4) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 12.2.1 Existing Traffic Conditions Review of column (1) of Table 12-2 indicates that all two (2) state-controlled study intersections currently operate an acceptable LOS C or better during the AM and PM peak hours. 12.2.2 Existing Plus Project Traffic Conditions Review of columns (2) and (3) of Table 12-2 indicates that traffic associated with the proposed Project will not significantly impact any of the two (2) state-controlled study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Appendix E presents the Caltrans level of service calculation worksheets for the two (2) state- controlled study intersections. 3-114 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 34 12.3 Year 2019 Traffic Conditions – Caltrans Methodology Table 12-3 summarizes the Year 2019 peak hour HCM level of service results at the two (2) state- controlled study intersections within the study area. The first column (1) of HCM/LOS values in Table 12-3 presents a summary of existing traffic conditions. The second column (2) presents Year 2019 cumulative traffic conditions based on existing intersection geometry, but without any project generated traffic. The third column (3) presents future forecast traffic conditions with the addition of Project traffic. Column four (4) indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. The fifth column (5) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 12.3.1 Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) cumulative traffic conditions indicates that with the addition of ambient traffic growth and related projects traffic, both state-controlled study intersections currently operate an acceptable LOS C or better during the AM and PM peak hours. 12.3.2 Year 2019 Cumulative Plus Project Traffic Conditions Review of columns (3) and (4) of Table 12-3 indicates that traffic associated with the proposed Project will not significantly impact any of the two (2) state-controlled study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Appendix E presents the Caltrans level of service calculation worksheets for the two (2) state- controlled study intersections. 3-115 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 35 TABLE 12-2 EXISTING PLUS PROJECT PEAK HOUR INTERSECTION CAPACITY ANALYSIS - CALTRANS Key Intersection Time Period (1) Existing Traffic Conditions (2) Existing Plus Project Traffic Conditions (3) Impact (4) Existing Plus Project Plus Improvements Traffic Conditions HCM (s/v) HCM (s/v) HCM (s/v) LOS Yes/No HCM (s/v) LOS 3. SR-55 SB Ramps at Fourth Street AM PM 25.8 C 26.0 C No -- -- 22.3 C 22.4 C No -- -- 4. SR-55 NB Ramps at Fourth Street/Irvine Blvd AM PM 22.6 C 22.7 C No -- -- 21.0 C 21.2 C No -- -- Notes:  s/v = seconds per vehicle 3-116 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 36 TABLE 12-3 YEAR 2019 PEAK HOUR INTERSECTION CAPACITY ANALYSIS - CALTRANS Key Intersection Time Period (1) Existing Traffic Conditions (2) Year 2019 Cumulative Traffic Conditions (3) Year 2019 Cumulative Plus Project Traffic Conditions (4) Impact (5) Year 2019 Cumulative Plus Project Plus Improvements Traffic Conditions HCM (s/v) LOS HCM (s/v) LOS HCM (s/v) LOS Yes/No HCM LOS 3. SR-55 SB Ramps at Fourth Street AM PM 25.8 C 32.7 C 32.8 C No -- -- 22.3 C 25.0 C 25.8 C No -- -- 4. SR-55 NB Ramps at Fourth Street/Irvine Blvd AM PM 22.6 C 26.9 C 27.0 C No -- -- 21.0 C 27.0 C 27.4 C No -- -- Notes:  s/v = seconds per vehicle 3-117 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 37 12.4 Recommended Improvements – Caltrans Methodology 12.4.1 Existing Plus Project Traffic Conditions The results of the Caltrans assessment presented previously in Table 12-2 shows that the proposed Project will not significantly impact either of the two (2) key study intersections under the “Existing Plus Project” traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 12.4.2 Year 2019 Plus Project Traffic Conditions The results of the Caltrans assessment presented previously in Table 12-3 shows that the proposed Project will not significantly impact either of the two (2) key study intersections under the “Year 2019 Plus Project” traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 3-118 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 38 13.0 ROADWAY SEGMENT EVALUATION Per City of Santa Ana requirements, this section of the report analyzes the daily operating conditions of the key roadway segment within the vicinity of the proposed Project. One (1) key roadway segment within the City of Santa Ana has been selected for evaluation and is listed below: A. Tustin Avenue, between Fourth Street and First Street (Santa Ana) 13.1 Roadway Link Capacities Daily operating conditions for the one (1) key roadway segment (links) identified above have been investigated according to the daily volume-to-capacity (V/C) of each link. The daily V/C relationship is used to estimate the LOS of the roadway segment with the volume based on 24-hour traffic count data and the capacity based on the Orange County Master Plan of Arterial Highways (MPAH) street classifications. The daily and peak hour roadway link capacity of each street classification according to the Orange County MPAH is presented in Table 13-1, along with the six corresponding service levels and associated V/C ratios. 13.2 Roadway Link Level of Service Criteria According to the City of Santa Ana, LOS D is the minimum acceptable condition that should be maintained for roadway segments. However, the City of Santa Ana has defined exceptions to this criteria in major development areas where LOS E is considered acceptable. LOS “D” Requirements A. Tustin Avenue, between Fourth Street and First Street If the daily roadway V/C ratio results in unacceptable LOS conditions, a peak hour link analysis is conducted to determine if the roadway operates at a satisfactory service level during the peak hours. 3-119 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 39 TABLE 13-1 ROADWAY LINK CAPACITIES11 Facility Type Number of Lanes Level of Service Criteria With Associated Roadway Capacity Daily Values (VPD) Peak Hour Capacity (VPH)12 Level of Service (LOS) A B C D E F Principal 8-lanes divided 45,000 52,500 60,000 67,500 75,000 -- 7,500 Major 6-lanes divided 33,900 39,400 45,000 50,600 56,300 -- 5,630 Primary 4-lanes divided 22,500 26,300 30,000 33,800 37,500 -- 3,750 Divided Collector 2-lanes divided 9,000 12,000 15,000 20,000 22,000 -- 2,200 Secondary 4-lanes undivided 15,000 17,500 20,000 22,500 25,000 -- 2,500 Commuter 2-lanes undivided 7,500 8,800 10,000 11,300 12,500 -- 1,250 V/C Ratio ≤ 0.600 0.601-0.700 0.701-0.800 0.801-0.900 0.901-1.000 ≥ 1.01 Notes:  VPD = vehicles per day  VPH = vehicles per hour 11 Source: Most current Orange County Master Plan of Arterial Highways. 12 Peak hour capacity based on 10% of the daily LOS “E” capacity. 3-120 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 40 13.3 Roadway Link Analysis Results 13.3.1 Existing Plus Project Analysis Table 13-2 summarizes the results of the Existing Plus Project daily analysis for the one (1) key roadway segment. The first column (1) shows the number of lanes, the second column (2) shows the arterial classification and the third column (3) shows the existing LOS “E” capacity. The fourth column (4) shows the daily volume, V/C ratio and resulting level of service for “Existing” traffic conditions. The fifth column (5) shows the daily volume, V/C ratio and resulting level of service for “Existing Plus Project” traffic conditions and indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. Existing Traffic Conditions Review of column (4) of Table 13-2 indicates that the one (1) key roadway segment currently operates at LOS A. Existing Plus Project Traffic Conditions Review of column (5) of Table 13-2 indicates that the one (1) key roadway segment is forecast to continue to operate at an acceptable service level on a daily basis with the addition of Project generated traffic to existing traffic and will not have a significant impact. 3-121 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 41 TABLE 13-2 EXISTING PLUS PROJECT ROADWAY SEGMENT LEVEL OF SERVICE SUMMARY Key Roadway Segment (1) No. of Existing Lanes (2) Arterial Classification (3) Existing Capacity at LOS “E” (4) Existing Traffic Conditions (5) Existing Plus Project Traffic Conditions Daily Volume V/C Ratio LOS Daily Volume V/C Ratio LOS Increase Impact (Yes/No) A. Tustin Avenue, between Fourth Street and First Street 5D Major 46,90013 17,315 0.369 A 17,923 0.382 A 0.013 No 13 Major 5-lane LOS E capacity was interpolated between Major 6-lane and Primary 4-lane arterials. 3-122 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 42 13.3.2 Year 2019 Plus Project Analysis Table 13-3 summarizes the results of the Year 2019 Plus Project daily analysis for the one (1) key roadway segment. The first column (1) shows the number of lanes, the second column (2) shows the arterial classification and the third column (3) shows the existing LOS “E” capacity. The fourth column (4) shows the daily volume, V/C ratio and resulting level of service for “Year 2019 Cumulative” traffic conditions. The fifth column (5) shows the daily volume, V/C ratio and resulting level of service for “Year 2019 Cumulative Plus Project” traffic conditions and indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) background traffic conditions indicates that the addition of ambient traffic growth and cumulative projects traffic will not adversely impact the one (1) key roadway segment. The one (1) key study roadway segment is forecast to continue to operate at acceptable LOS A on a daily basis with the addition of ambient traffic growth and cumulative projects traffic. Year 2019 Cumulative Plus Project Traffic Conditions Review of column (5) of Table 13-3 indicates that traffic associated with the proposed Project will not significantly impact the one (1) key roadway segment, when compared to the LOS standards specified in this report. The one (1) key roadway segment is forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. 3-123 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 43 TABLE 13-3 YEAR 2019 CUMULATIVE PLUS PROJECT ROADWAY SEGMENT LEVEL OF SERVICE SUMMARY Key Roadway Segment (1) No. of Existing Lanes (2) Arterial Classification (3) Existing Capacity at LOS “E” (4) Year 2019 Cumulative Traffic Conditions (5) Year 2019 Cumulative Plus Project Traffic Conditions Daily Volume V/C Ratio LOS Daily Volume V/C Ratio LOS Increase Impact (Yes/No) A. Tustin Avenue, between Fourth Street and First Street 5D Major 46,90014 22,716 0.484 A 23,324 0.497 A 0.013 No 14 Major 5-lane LOS E capacity was interpolated between Major 6-lane and Primary 4-lane arterials. 3-124 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 44 14.0 SUMMARY OF FINDINGS AND CONCLUSIONS  Project Description – The Project site is comprised of two parcels and is currently occupied by an existing gas station building and car wash at 325 N. Tustin Avenue and a sit-down restaurant at 301 N. Tustin Avenue. The site is generally located south of Fourth Street and east of Tustin Avenue. Both properties are located in the Professional (P) zoning district. 301 N. Tustin Avenue has a General Plan land use designation of Professional & Administrative Office (PAO) and 325 N. Tustin has the General Plan land use designation of General Commercial (GC). As proposed, the Project requires approval of a general plan amendment to change the land use designation from PAO to GC, zone change from P to Commercial General (C2). The Project will include the development of an express car wash and a gas station convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 118.5-foot express car wash tunnel to replace a 4,200 SF sit-down restaurant and a 12 pump gas service station with a 3,040 SF convenience store to replace the existing gas station building and car wash. Please note that the proposed Project will provide internal access between the two parcels.  Study Scope – The following four (4) key study intersections and one (1) key roadway segment were selected for detailed peak hour and daily V/C / level of service analyses under Existing Traffic Conditions, Existing Plus Project Traffic Conditions, Year 2019 Cumulative Traffic Conditions and Year 2019 Cumulative plus Project: Key Study Intersections 1. Tustin Avenue at Fourth Street (Santa Ana) 2. Tustin Avenue at First Street (Tustin) 3. SR-55 SB Ramps at Fourth Street (Santa Ana/Caltrans) 4. Sr-55 NB Ramps at Fourth Street/Irvine Boulevard (Tustin/Caltrans) Key roadway segment A. Tustin Avenue, between Fourth Street and First Street (Santa Ana)  Existing Traffic Conditions – Three (3) of the four (4) key study intersections currently operate at an acceptable level of service during the AM and PM peak hours for the Existing traffic conditions. The exception is SR-55 SB Ramps at Fourth Street, which currently operates at unacceptable LOS E during the AM peak hour.  Project Trip Generation – With the application of existing trip credits, the proposed Project is forecast to generate a new of 978 daily trips, a net of 50 (27 inbound, 23 outbound) AM peak hour trips, and a net of 86 (39 inbound, 47 outbound) PM peak hour trips.  Cumulative Projects Traffic Characteristics – Twenty-four (24) cumulative projects were considered as part of the cumulative background setting. The twenty-four (24) cumulative projects are forecast to generate 30,720 daily trips, with 2,501 trips (1,176 inbound, 1,325 3-125 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 45 outbound) anticipated during the AM peak hour and 2,962 trips (1,506 inbound, 1,456 outbound) produced during the PM peak hour.  Existing Plus Project Traffic Conditions – The proposed Project will not significantly any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic under the Existing Plus Project traffic conditions.  Year 2019 Cumulative Traffic Conditions Plus Project –Traffic associated with the proposed Project will not significantly impact any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019.  Site Access Assessment – The three (3) proposed Project driveways under near-term (Year 2019) traffic conditions at completion and full occupancy of the proposed Project. As shown, these key study intersections are forecast to operate at LOS C or better during the AM peak hour and PM peak hour.  Internal Circulation Evaluation – The on-site circulation was evaluated in terms of vehicle- pedestrian conflicts. Based on our review of the preliminary site plan, the overall layout does not create any unsafe vehicle-pedestrian conflict points and the driveway throating is sufficient such that access to parking spaces is not impacted by internal vehicle queuing/stacking. Curb return radii have been confirmed and are adequate for service/delivery trucks and trash trucks. The on- site circulation is very good based on our review of the proposed site plan, whereas the alignment, spacing, and throating of the Project driveways is adequate. The circulation around the buildings is adequate with sufficient sight distance along the drive aisles.  CMP Compliance Assessment – The proposed Project is expected to generate a net of 878 daily trips, and thus does not meet the criteria required for a CMP traffic analysis. Therefore, it is concluded that the proposed Project will not have any significant traffic impacts on the Congestion Management Program Highway System.  State of California (Caltrans) Analysis for Existing Plus Project Traffic Conditions– Based on the evaluation using Caltrans criteria, the proposed Project will not significantly impact either of the two (2) state-controlled study intersections. Both intersections are forecast to continue to operate at acceptable LOS C with the addition of project generated traffic under the Existing Plus Project traffic conditions. 3-126 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 05-17-19.doc 46  State of California (Caltrans) Analysis for Year 2019 Plus Project Traffic Conditions– Based on the evaluation using Caltrans criteria, the proposed Project will not significantly impact either of the two (2) state-controlled study intersections. Both intersections are forecast to continue to operate at acceptable LOS C with the addition of project generated traffic under the Year 2019 Plus Project traffic conditions.  Existing Roadway Segment Evaluation – The one (1) key roadway segment currently operates at LOS A under Existing traffic conditions.  Existing Plus Project Roadway Segment Evaluation – The one (1) key roadway segment is forecast to continue to operate at an acceptable service level on a daily basis with the addition of Project generated traffic to existing traffic and will not have a significant impact.  Year 2019 Cumulative Plus Project Roadway Segment Evaluation – The proposed Project will not significantly impact the one (1) key roadway segment, when compared to the LOS standards specified in this report. The one (1) key roadway segment is forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. 3-127 This page left blank intentionally. 3-128 4-1 4-2 4-3 4-4 EXHIBIT 1 4-5 This page left blank intentionally. 4-6 Resolution No. 2019-xx Page 1 of 5 LS 9.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-23 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1825 EAST NEWPORT CIRCLE 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. Alexander Lew with Core Development Services, representing Crown Castle USA, Inc. (“Applicant”), is requesting approval of Conditional Use Permit (“CUP”) No. 2019-23 to renew the entitlements of an existing 60- foot tall major wireless communications facility disguised as a mono-palm located at 1825 East Newport Circle. B. On September 22, 2003, the Planning Commission approved Conditional Use Permit No. 2003-22 allowing the construction of the subject major wireless communications facility. C. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-198.10, a Conditional Use Permit is required for major wireless communications facilities established in the City of Santa Ana. D. In addition, SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed ten (10) years. E. As the current facility has approached its 10-year lifespan, the Applicant is required to apply for a new CUP in order to maintain the entitlements for the current facility. F. On September 9, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2019-23. G. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to SAMC Section 41-638, have been established for Conditional Use Permit No. 2019-23 to renew the entitlements of an existing 60-foot tall major wireless communication facility: 4-7 Resolution No. 2019-xx Page 2 of 5 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The major wireless communication facility will continue to provide a service to Santa Ana residents, businesses and motorists who subscribe to cellular services by providing cellular service and data coverage for its users within the vicinity. The issuance of a new conditional use permit will allow the provider to continue to provide a service to the surrounding community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The issuance of a new conditional use permit to maintain a wireless facility at this location will not be detrimental to persons residing or working in the area as the facility will remain in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The facility is compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the facility’s location at the rear of the site will maintain and increase the economic stability for this industrial area by providing an additional service for business owners, workers, and residents in the area. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to comply with all provisions pertaining to the continuation of existing wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility will continue to be stealthed by its design and surrounding landscape and will comply with other standards outlined in the SAMC. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The major wireless communication facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use 4-8 Resolution No. 2019-xx Page 3 of 5 Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the facility. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments’ impacts. The mono- pine location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2.2 encourages land uses that accommodate the City’s needs for services. Maintaining a cell phone provider’s coverage in the area adds to the services that are readily available for business owners, workers, visitors and residents in the immediate vicinity. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt pursuant to Section 15301, Existing Facilities. This exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project consists of the renewal of a permit and minor alterations to the existing wireless communications facility with no expansion of use. Categorical Exemption Environmental Review No. 2019-25 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, 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. 4-9 Resolution No. 2019-xx Page 4 of 5 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-23, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of September, 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 September 9, 2019. Date: ________________ ____________________________________ Recording Secretary 4-10 Resolution No. 2019-xx Page 5 of 5 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-23 Conditional Use Permit No. 2019-23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP No. 2018-08). 2. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be enhanced and well maintained. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. 3. The Applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 4. The Applicant will provide a “single point of contact” in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City’s designated representative after approval of the new CUP. 5. The Applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit Applicant to comply. 6. The major wireless facility shall be subject to any applicable California Building Code or federal requirements for seismic safety, retrofit, and/or upgrades as deemed necessary by the Building Division. 7. Conditional Use Permit No. 2019-23 expires 10 years from the date of Planning Commission approval. 4-11 This page left blank intentionally. 4-12 EXHIBIT 2 4-13 This page left blank intentionally. 4-14 CUP No. 2019-231825 E. Newport Circle Exhibit 2 - Vicinity Zoning & Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 4-15 This page left blank intentionally. 4-16 EXHIBIT 3 4-17 This page left blank intentionally. 4-18 CUP No. 2019-23 1825 E. Newport Circle Exhibit 3 – Site Photo 4-19 This page left blank intentionally. 4-20 EXHIBIT 4 4-21 This page left blank intentionally. 4-22 SHEET TITLE: SHEET NUMBER: Issued For: TUSTIN 1825 EAST NEWPORT CIRCLE SANTA ANA, CALIFORNIA 92705 LAC049 REV DESCRIPTIONDATE CHECKED BY: DRAWN BY: JRA PROJECT NO: Licensor: AT&T Site ID: AT&T FA NO: AU 181154 RN 10087202 A 01/07/19 90% ZD'S IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT, TO ALTER THIS DOCUMENT. 200 SpectrumCenter Drive, Suite 1700 Irvine, California 92618 Vendor: J ef f r e y Rome ASSOCIATES architecture | telecommunications 131 Innovation Drive, Suite 100 I r v i n e , C a l i f o r n i a 9 2 6 1 7 tel 949.760.3929 | fax 949.760.3931 633 S. Brea Boulevard. Suite 1 Brea , California 92821 (714)729-8404 (714)333-4441 fax www.core.us.com 0 01/23/19 100% ZD'S 1 02/06/19 CLIENT COMMENTS A-114-23 This page left blank intentionally. 4-24 EXHIBIT 5 4-25 This page left blank intentionally. 4-26 SHEET TITLE: SHEET NUMBER: Issued For: TUSTIN 1825 EAST NEWPORT CIRCLE SANTA ANA, CALIFORNIA 92705 LAC049 REV DESCRIPTIONDATE CHECKED BY: DRAWN BY: JRA PROJECT NO: Licensor: AT&T Site ID: AT&T FA NO: AU 181154 RN 10087202 A 01/07/19 90% ZD'S IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT, TO ALTER THIS DOCUMENT. 200 SpectrumCenter Drive, Suite 1700 Irvine, California 92618 Vendor: J ef f r e y Rome ASSOCIATES architecture | telecommunications 131 Innovation Drive, Suite 100 I r v i n e , C a l i f o r n i a 9 2 6 1 7 tel 949.760.3929 | fax 949.760.3931 633 S. Brea Boulevard. Suite 1 Brea , California 92821 (714)729-8404 (714)333-4441 fax www.core.us.com 0 01/23/19 100% ZD'S 1 02/06/19 CLIENT COMMENTS A-41 2 4-27 SHEET TITLE: SHEET NUMBER: Issued For: TUSTIN 1825 EAST NEWPORT CIRCLE SANTA ANA, CALIFORNIA 92705 LAC049 REV DESCRIPTIONDATE CHECKED BY: DRAWN BY: JRA PROJECT NO: Licensor: AT&T Site ID: AT&T FA NO: AU 181154 RN 10087202 A 01/07/19 90% ZD'S IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT, TO ALTER THIS DOCUMENT. 200 SpectrumCenter Drive, Suite 1700 Irvine, California 92618 Vendor: J ef f r e y Rome ASSOCIATES architecture | telecommunications 131 Innovation Drive, Suite 100 I r v i n e , C a l i f o r n i a 9 2 6 1 7 tel 949.760.3929 | fax 949.760.3931 633 S. Brea Boulevard. Suite 1 Brea , California 92821 (714)729-8404 (714)333-4441 fax www.core.us.com 0 01/23/19 100% ZD'S 1 02/06/19 CLIENT COMMENTS A-4.11 2 4-28 SHEET TITLE: SHEET NUMBER: Issued For: TUSTIN 1825 EAST NEWPORT CIRCLE SANTA ANA, CALIFORNIA 92705 LAC049 REV DESCRIPTIONDATE CHECKED BY: DRAWN BY: JRA PROJECT NO: Licensor: AT&T Site ID: AT&T FA NO: AU 181154 RN 10087202 A 01/07/19 90% ZD'S IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT, TO ALTER THIS DOCUMENT. 200 SpectrumCenter Drive, Suite 1700 Irvine, California 92618 Vendor: J ef f r e y Rome ASSOCIATES architecture | telecommunications 131 Innovation Drive, Suite 100 I r v i n e , C a l i f o r n i a 9 2 6 1 7 tel 949.760.3929 | fax 949.760.3931 633 S. Brea Boulevard. Suite 1 Brea , California 92821 (714)729-8404 (714)333-4441 fax www.core.us.com 0 01/23/19 100% ZD'S 1 02/06/19 CLIENT COMMENTS A-51 2 4-29 SHEET TITLE: SHEET NUMBER: Issued For: TUSTIN 1825 EAST NEWPORT CIRCLE SANTA ANA, CALIFORNIA 92705 LAC049 REV DESCRIPTIONDATE CHECKED BY: DRAWN BY: JRA PROJECT NO: Licensor: AT&T Site ID: AT&T FA NO: AU 181154 RN 10087202 A 01/07/19 90% ZD'S IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT, TO ALTER THIS DOCUMENT. 200 SpectrumCenter Drive, Suite 1700 Irvine, California 92618 Vendor: J ef f r e y Rome ASSOCIATES architecture | telecommunications 131 Innovation Drive, Suite 100 I r v i n e , C a l i f o r n i a 9 2 6 1 7 tel 949.760.3929 | fax 949.760.3931 633 S. Brea Boulevard. Suite 1 Brea , California 92821 (714)729-8404 (714)333-4441 fax www.core.us.com 0 01/23/19 100% ZD'S 1 02/06/19 CLIENT COMMENTS A-5.11 2 4-30 5-1 5-2 5-3 5-4 5-5 5-6 5-7 This page left blank intentionally. 5-8 EXHIBIT 1 5-9 This page left blank intentionally. 5-10 Resolution No. 2019-xx Page 1 of 5 LS 9.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-24 TO ALLOW A TYPE 21 AND TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1544 EAST 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. Michael Cho, representing the Wine Exchange (Applicant), is requesting approval of Conditional Use Permit No. 2019-24 to allow an upgrade of a Type 20 Alcoholic Beverage Control (ABC) license to a Type 21 ABC license, as well as approval of a new Type 42 ABC license to allow the sale of beer, wine and distilled spirits for on and off-premises consumption for the property located at 1544 East Warner Avenue. B. Conditional Use Permit No. 2014-28 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 28, 2014. At such meeting, the Planning Commission approved a Type 20 ABC license for the establishment. C. The Applicant is now requesting approval of Type 21 and Type 42 ABC licenses in order to allow the sale of upscale distilled spirits, as well as to allow the tasting of beer, wine and distilled spirits within a designated tasting room. D. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages. E. The Planning Commission determines that the following findings, which must be established in order to grant a Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage control licenses will allow the existing establishment to enhance its current operations by allowing retail sales of beer, wine and distilled spirits at this location. The conditional use permit for the ABC license will 5-11 Resolution No. 2019-xx Page 2 of 5 allow the Wine Exchange to expand its operations at this location while allowing it to serve existing and new clientele. Standards that are applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use 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 licenses for the on and off-premises consumption of beer, wine and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because alcohol related standards have been placed on the proposed license that will mitigate any potential negative or adverse impacts created by the use. In addition, the sale of alcoholic beverages will occur within the interior of the premises and will not impact adjacent businesses. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the facility to compete with other wine merchants in the area that also offer the retail sale of alcoholic beverages. Further, the establishment is proposing to expand its business by including a tasting room as a component of their business plan, which will assist in identifying the location as an economically viable business and which will improve its economic competitiveness. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The proposed project will be in compliance with all applicable regulations and standards imposed on a business selling alcoholic beverages pursuant to Chapter 41 of the Santa Ana Municipal Code and the standards adopted by the City for retail uses that sell alcohol. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the City’s General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and 5-12 Resolution No. 2019-xx Page 3 of 5 services. A wine merchant provides a retail service to the residents and employees of Santa Ana. Further, retail and ancillary uses such as on and off-premises alcohol sales are permitted within the Professional and Administrative Office (PAO) General Plan land use designation. The proposed project is not located in a specific plan area in the City. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The physical improvement to the building will create an enhancement to the existing center and promote commercial activity in the area. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Wine Exchange retail business is located in a commercial and business park area and is compatible with the surrounding businesses. F. A Public Convenience and Necessity (PCN) letter is required per Business and Professions Code Section 23958.4 as the State has determined that an over-concentration of off-premises ABC licensed establishments within the census tract exists. The State Department of Alcoholic Beverage Control identifies a census tract as over-concentrated if the ratio of off-sale retail licenses to the population of the census tract which the premises is located exceeds the ratio of off-sale retail licenses to the population of the county. Based on this analysis, census tracts in the City are allowed one licensed establishment per 1,650 residents. The Wine Exchange is located in Census Tract No. 740.03, which is allowed one off-sale outlet based on the State’s criteria, while six active licenses currently exist. Although the census tract is over-concentrated per State standards, the business model for the Wine Exchange differs from the other licensed establishments as the Wine Exchange sells wine by the bottle or in larger quantities while the other establishments are smaller neighborhood markets that sell both beer and wine. Thus, despite the over-concentration of ABC licenses in the census tract, the issuance of an additional off-sale ABC license at this location is necessary to serve the public convenience, will not create any adverse impacts and will not impact the overall crime rate of the area. G. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer, wine and distilled spirits within an existing commercial building. Categorical Exemption Environmental Review No. 2019-58 will be filed for this project. Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, 5-13 Resolution No. 2019-xx Page 4 of 5 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 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-24. In addition, the Planning Commission authorizes the issuance of a Public Convenience and Necessity (PCN) Letter for the project. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of September, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson 5-14 Resolution No. 2019-xx Page 5 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Secretary of the Planning Commission, 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 September 9, 2019. Date: ________________ ____________________________________ Planning Commission Secretary City of Santa Ana 5-15 This page left blank intentionally. 5-16 EXHIBIT 2 5-17 This page left blank intentionally. 5-18 8/28/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 CONDITIONAL USE PERMIT NO. 2019-24 WINE EXCHANGE1544 EAST WARNER AVENUE EXHIBIT 2 - VICINITY ZONING AND AERIAL MAP © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 5-19 This page left blank intentionally. 5-20 EXHIBIT 3 5-21 This page left blank intentionally. 5-22 5-23 This page left blank intentionally. 5-24 6-1 6-2 6-3 6-4 EXHIBIT 1 6-5 This page left blank intentionally. 6-6 Resolution No. 2019-xx Page 1 of 5 LS 9.9.19 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. Akihiki Sasaki with Tsukuru USA Corporation, representing Eco Town USA (Applicant), is requesting approval of Conditional Use Permit (CUP) No. 2019-25 to establish a secondhand store located at 3309 South Bristol Street, Unit B. B. Santa Ana Municipal Code (SAMC) Section 41-365.5(d) requires approval of a CUP for secondhand stores. 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 September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-25. 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. 2019-25, for a secondhand store, 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 secondhand store will contribute to the general well-being of the community by providing a basic community service to individuals that are working or residing in the area. Eco Town will occupy a tenant space that has been vacant for quite some time. In addition, the conditions of approval will mitigate any potential impacts created by the secondhand A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-25 AS CONDITIONED TO ESTABLISH A SECONDHAND STORE AT THE PROPERTY LOCATED AT 3309 SOUTH BRISTOL STREET, UNIT B 6-7 Resolution No. 2019-xx Page 2 of 5 store and will ensure that the use does not negatively affect the surrounding community. 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 secondhand store will not create any negative or adverse impacts to the surrounding community because the use complies will all applicable regulations intended to ensure that the store will be safe, well maintained and will not result in an increase demand of Police Department calls for service. Moreover, conditions have been placed in order to mitigate any potential impacts that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The secondhand store will help the stability and future economic development of the area by keeping a tenant space leased with a long-term tenant that provides goods and services to the community. In addition, the secondhand store will generate city tax revenue and will provide full-time and part-time jobs to the community. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The project complies with all applicable regulations and conditions specified in Chapter 41 of the SAMC and the conditions of approval will ensure the secondhand store does not deviate from the approved plans. 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 secondhand store will not adversely affect the General Plan. The secondhand store is consistent with the purpose of the General Plan Land Use Element, as it will further the goals and policies of the plan and not obstruct their attainment. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs of goods and services. The secondhand store will provide services and goods to the community. 6-8 Resolution No. 2019-xx Page 3 of 5 Section 2. In accordance with the California Environmental Quality Act (CEQA), the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities) which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed project does not involve a change in use or expansion of use and it is to allow the operation of a secondhand store with minor proposed tenant improvements. Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-16, 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. 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 Conditional Use Permit No. 2019-25, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 3309 South Bristol Street, Unit B. 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 September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 6-9 Resolution No. 2019-xx Page 4 of 5 ADOPTED this 9th day of September, 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 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 September 9, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 6-10 Resolution No. 2019-xx Page 5 of 5 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-25 Conditional Use Permit No. 2019-25 for an 18,140-square foot secondhand store located at 3309 South Bristol Street, Unit B 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 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. All proposed site improvements must conform to Development Project Review (DP No. 2019-04) and the staff report exhibits. 2. 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. 3. All signage shall comply with the sign regulations found in SAMC Section 41-850 and with the approved Sign Program (Sign Program No. 2003-01). 4. Security video shall be installed and operable on site and videos shall be retained for a period of ninety (90) days. 5. Prior to the issuance of a Certificate of Occupancy, the owner/operator shall receive approval of a Secondhand Dealer License by the City’s Police Department. 6. The hours of operation shall be restricted to the hours from 8:00 a.m. to 8:00 p.m., seven (7) days per week. 7. There shall be no merchandise, storage containers or donations bins located at the exterior of the building. All merchandise shall be stored within the building. The outdoor display and/or collection of merchandise shall be prohibited. 8. Bulk good donations such as furniture and appliances shall not be collected at this site. 9. Placard signs shall be installed at the front and rear of the building stating that it is unlawful to deposit furniture, goods, and/or donated items outside the building. 10. The windows of the business shall be free of any obstructions, tinting, or painting, except for window signage allowed by the Section 41-872 of the SAMC. 6-11 This page left blank intentionally. 6-12 EXHIBIT 2 6-13 This page left blank intentionally. 6-14 Conditional Use Permit No. 2019-253309 South Bristol Street, Unit B Exhibit 2 - Vicinity Zoning & Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 313 feet 6-15 This page left blank intentionally. 6-16 EXHIBIT 3 6-17 This page left blank intentionally. 6-18 Conditional Use Permit No. 2019-25 3309 South Bristol Street, Unit B Exhibit 3 – Site Photo 6-19 This page left blank intentionally. 6-20 EXHIBIT 4 6-21 This page left blank intentionally. 6-22 6-23 This page left blank intentionally. 6-24 EXHIBIT 5 6-25 This page left blank intentionally. 6-26 6-27 This page left blank intentionally. 6-28 This page left blank intentionally. EXHIBIT 1 This page left blank intentionally. Ordinance No. NS-XXXX Page 1 of 7 LS 9.9.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-45, 41- 198.200, 41-365, 41-377 AND 41-424 OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE PROHIBITING CYBER CAFÉS AS A PERMITTED USE CITYWIDE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana has witnessed a proliferation of cyber café businesses that has resulted in an increased number of public nuisance complaints emanating from such establishments in recent years, involving the following: (1) A documented increase in crime including serious and violent crimes such as loitering, illegal gambling, illegal drug use and sale, burglaries, assaults, fights, theft, robbery, public intoxication, vandalism, property damage, weapons offenses, and other criminal activities in and around cyber café establishments, as well as increased pedestrian traffic, noise, parking violations, and other nuisance activities which have resulted in a documented increase and demand for police responses. (2) The City has experienced serious adverse impacts due to the unique manner in which cyber café businesses operate the “sweepstakes” games. Customers occupy a computer for hours which results in waiting lines and people congregating or loitering outside the establishment. The long game times and often late night hours have also increased demand for police response regarding noise complaints, criminal activity including fights, drug sales, and adverse gang activity affecting surrounding residential neighborhoods and commercial centers. (3) Crime statistics and calls for service in the City have increased in areas where cyber cafés have been established. The Santa Ana Police Department (SAPD) identified 460 cyber café related incidents occurring between January 2018 and September 2018 throughout the City. These incidents include criminal arrests such as possession of firearms, narcotics and stolen vehicles and parole/probation violations. Since January of this year, SAPD has responded to a noticeable increase of calls for service and officer generated activities. Ordinance No. NS-XXXX Page 2 of 7 (4) SAPD has spent a significant amount of resources and time conducting surveillance operations around cyber cafés. It was also found that this type of business primarily attracts clientele involved in criminal activity. Enforcement checks on cyber cafes and of customers entering or leaving such locations often result in drug related arrests, evidence of drug trafficking, illegal gambling and gaming and an influx of individuals on probation, parole, or wanted subjects. There has also been prostitution related activity occurring in nearby parking lots and surrounding areas. B. On October 16, 2018, the City Council adopted Urgency Ordinance No. NS-2956 establishing a forty-five (45) day moratorium on the approval, commencement, establishment, operation, relocation or expansion of cyber cafés. On November 20, 2018, the City Council extended said moratorium for an additional ten (10) month and fifteen (15) day period. C. The Planning Division, Code Enforcement Division and Police Department staff have analyzed the City’s current regulations and other cities’ regulations pertaining to cyber cafés and have determined that in order to protect and preserve the public health, safety and welfare of the City and its residents, prohibiting cyber cafés citywide will mitigate one potential path for engaging in these illegal activities. The proposed ordinance amendment will prohibit the establishment of new cyber cafés in the City. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-04 prohibiting cyber cafes. E. The City Council, on October 1, 2019, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. F. All provisions of the Santa Ana Municipal Code (SAMC) which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action of decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 41-45 (Cyber Café) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-45. – Cyber Café. Cyber café shall mean an establishment whose primary purpose is to provide that provides more than six (6) computers and/or other electronic devices for access to the Internet, e-mail, video games or computer software programs which are networked (via LAN or WAN) or which function as a client/server Ordinance No. NS-XXXX Page 3 of 7 program, and which seeks compensation in any form from users. Cyber café is synonymous with PC cafe, internet cafe or cyber centers, but does not include a cyber learning center as defined in Section 41-46 or recreational or entertainment uses as defined in Section 41-142. Section 3. Section 41-198.200 (Cyber Cafés) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-198.200. – Cyber Cafés - Prohibited. Notwithstanding any other provisions of this chapter, cyber cafes may be conducted in any C1, C2, C4, and C5 zones, provided they are carried on in accordance with the limitations hereinafter set forth, and provided a ministerial land use certificate is first obtained in accordance with sections 41-675 through 41-677 of this Code. Cyber cafes shall not be permitted in a special districts or a specific plan unless explicitly set forth as a permissible use. For the purpose of preserving public health, safety and general welfare, cyber cafés as defined by Section 41-45 are prohibited within any zone or district in the City. Section 4. Section 41-365 (Uses Permitted in the C1 District) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365. - Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses. (b) Professional, administrative and business offices. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. (j) Plant nurseries. (k) Gymnasiums. (l) Golf courses, both regulation and miniature, and driving ranges. Ordinance No. NS-XXXX Page 4 of 7 (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5. (o) Schools and studios operated for commercial or public purposes. (p) Childcare facilities. (q) Service stations. (r) Automobile servicing. (s) Cyber cafes, subject to compliance with the requirements of section 41- 198.200. (ts) Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3. Section 5. Section 41-377 (Uses Permitted in the C2 District) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-377. - Uses permitted in the C2 district. The following uses are permitted in the C2 district. (a) All uses which are permitted in the C1 district pursuant to Section 41-365. (b) Automotive garages including body and fender repair, painting, and engine replacement. (c) Blueprinting, photo-engraving, including all types of reproduction processes. (d) Reserved. (e) Equipment rental yards. (f) Metal shops. (g) Tire recapping. (h) Wholesale establishments as follows: (1) Automotive equipment, including parts and supplies for machinery. (2) Drugs, chemicals and allied products excluding explosives and industrial chemicals. Ordinance No. NS-XXXX Page 5 of 7 (3) Dry goods and apparel. (4) Food products. (5) Farm products. (6) Electrical and plumbing supplies. (7) Office equipment and supplies. (i) Truck, trailer, tractor and boat sales. (j) Research institutions and laboratories. (k) Adult entertainment businesses subject to compliance with the requirements of article XVII of this Chapter. (l) Cyber cafes, subject to compliance with the requirements of Section 41- 198.200. Section 6. Section 41-424 (Uses Permitted in the C5 District) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-424. - Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Administrative and professional offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (f) Restaurants and cafes, other than those specified in Section 41-424.5. (g) Schools and studios operated for commercial or public purposes. (h) Child care facilities. (i) The printing, publishing, and circulation of a newspaper, including plant and office. (j) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. Ordinance No. NS-XXXX Page 6 of 7 (k) Cyber cafes subject to compliance with the requirements of Section 41- 198.200. (Ik) Gymnasiums and health clubs. Section 7. The proposed ordinance has been reviewed with respect to the applicability of the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b)(3)] and a Notice of Exemption (Environmental Review No. 2019-68) will be filed upon adoption of this ordinance. Section 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 9. The City Council of the City of Santa Ana hereby adopts an ordinance amending Sections 41-45, 41-198.200, 41-365, 41-377 and 41-424 of Chapter 41 (Zoning) of the Santa Ana Municipal Code prohibiting the establishment of cyber cafés as a permitted use Citywide. This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated October 1, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this ______ day of ______________, 2019. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney Ordinance No. NS-XXXX Page 7 of 7 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 that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana This page left blank intentionally.