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HomeMy WebLinkAbout02-10-20_AGENDA PACKETPLANNING COMMISSION AGENDA February 10, 2020 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA February 10, 2020 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 NORMA GARCIA Ward 1 Representative FELIX RIVERA Ward 2 Representative KENNETH NGUYEN Ward 3 Representative V. THAI PHAN 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 Planning Manager Sarah Bernal Recording Secretary PLANNING COMMISSION AGENDA February 10, 2020 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 Chair 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/ 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 Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations 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 February 10, 2020 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 JANUARY 27, 2020 REGULAR MEETING RECOMMENDED ACTION: Approve the 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 February 10, 2020 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. APPEAL OF PLANNING COMMISSION ACTIONS: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. NOTICE: Legal notice for Public Hearing item nos. 2 – 4 was published in the Orange County Reporter on January 31, 2020 and notice was mailed on said date. Legal notice for Public Hearing item nos. 1 and 5 was published in the Orange County Reporter/Register on January 17, 2020. PUBLIC HEARING 1. APPLICATION AMENDMENT NO. 2019-03 AND CONDITIONAL USE PERMIT NO. 2019-21 {STRATEGIC PLAN NO. 3,2} – Ivan Orozco, Case Planner. Matter was continued from the January 27, 2020 meeting. LOCATION: 813 North Euclid Street located in the Two-Family Residence (R-2) zoning district. REQUEST: The applicant is requesting approval of the following land use entitlements: (1) Amendment Application No. 2019-03 to rezone the property from Two-Family Residence (R-2) to Community Commercial (C-1), and (2) Conditional Use Permit No. 2019-21 to allow a convenience store and service station to operate 24 hours a day, seven days per week. In conjunction with the land use entitlements, the applicant is requesting approval of Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, Environmental Review No. 2018-28. ENVIRONMENTAL DETERMINATION: In accordance with the California Environmental Quality Act (CEQA), the Planning Commission will consider Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, Environmental Review No. 2018-28 that was prepared to analyze the potential impacts of the project and identify measures to mitigate the environmental effects. RECOMMENDED ACTIONS: a) Recommend that the City Council adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2018-28 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-03 FOR THE PROJECT LOCATED AT 813 NORTH EUCLID STREET; b) Recommend that the City Council adopt an ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-03 REZONING THE PROPERTY Planning Commission Agenda 4 February 10, 2020 LOCATED AT 813 NORTH EUCLID STREET FROM TWO-FAMILY RESIDENTIAL (R-2) TO COMMUNITY COMMERCIAL (C-1); and c) Recommend that the City Council adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-21 AS CONDITIONED TO ALLOW 24- HOUR OPERATIONS AT A NEW 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 813 NORTH EUCLID STREET 2. CONDITIONAL USE PERMIT 2019-40 {STRATEGIC PLAN NOS. 3, 2; 3, 5} – Fernanda Arias, Case Planner. LOCATION: 1720 East Seventeenth Street located in the Arterial Commercial (C5) zoning district. REQUEST: The applicant is requesting approval of Conditional Use Permit No. 2019- 40 to renew the entitlements of an existing 55-foot-high major wireless communications facility disguised as a mono-pine. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 of the CEQA Guidelines – Existing Facilities. Notice of Exemption, Environmental Review No. 2019-91 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. 2019-40 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 55-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1720 EAST 17TH STREET 3. CONDITIONAL USE PERMIT NO. 2019-42 {STRATEGIC PLAN NOS. 3, 2; 3, 5} — Case Planner, Fernanda Arias LOCATION: 1302 South Lyon Street located in the Light Industrial (M1) zoning district. REQUEST: The applicant is requesting approval of Conditional Use Permit No. 2019- 42 to renew the entitlements of an existing 55-foot tall major wireless communications facility disguised as a mono-pine. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 of the CEQA Guidelines – Existing Facilities. Notice of Exemption, Environmental Review No. 2019-94 will be filed for this project. Planning Commission Agenda 5 February 10, 2020 RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-42 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 55-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1302 SOUTH LYON STREET 4. CONDITIONAL USE PERMIT NO. 2019-46 {STRATEGIC PLAN NO. 3,2} – Jerry Guevara, Case Planner. LOCATION: 3820 South Fairview Street located in the Light Industrial (M-1) zoning district. REQUEST: The applicant is requesting approval of Conditional Use Permit No. 2019- 46 to allow a carwash within the Light Industrial (M-1) zone. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 of the CEQA Guidelines – New Construction or Existing Facilities. Notice of Exemption, Environmental Review No. 2016-89 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. 2019-46 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF AN AUTOMATED CAR WASH AT THE PROPERTY LOCATED AT 3820 SOUTH FAIRVIEW STREET 5. ZONING ORDINANCE AMENDMENT NO. 2019-05 {STRATEGIC PLAN NO. 5, 3} – Ricardo Soto, Case Planner. Matter was continued from the January 27, 2020 meeting. LOCATION: Citywide REQUEST: The City is requesting adoption of Zoning Ordinance Amendment No. 2019- 05 to amend provisions of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to accessory dwelling units (ADU). ENVIRONMENTAL DETERMINATION: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines – Other Statutory Exemptions. Notice of Exemption, Environmental Review No. 2019-123 will be filed for this project. RECOMMENDED ACTIONS: Recommend that the City Council adopt an ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA Planning Commission Agenda 6 February 10, 2020 WORK STUDY SESSION No action will be taken on Work Study Session items. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS * * * END OF BUSINESS CALENDAR * * * 6. UPDATE ON PREVIOUSLY REVIEWED PROJECTS 7. REVIEW OF THE PROPOSED BOWERY PROJECT LOCATED AT 2300 SOUTH RED HILL AVENUE * * * END OF WORK STUDY CALENDAR * * * COMMENTS 8. STAFF COMMENTS 9. COMMISSION MEMBER COMMENTS ADJOURNMENT – The next regular meeting will be held on February 24, 2020 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • Conditional use permit to facilitate the construction of three live/work units located 1412 N. Broadway. • Zoning Ordinance Amendments This page left blank intentionally. 1 PLANNING COMMISSION MINUTES January 27, 2020 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 27, 2020 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:34 P.M. ATTENDANCE COMMISSIONERS Present: ANGIE CANO CYNTHIA CONTRERAS-LEO, Vice Chairi NORMA GARCIA MARK MCLOUGHLIN, Chair KENNETH NGUYEN V. THAI PHAN COMMISSIONERS Absent: FELIX RIVERA PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director VINCE FREGOSO, Planning Manager RYAN HODGE, Assistant City Attorney SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR A. MINUTES FROM THE DECEMBER 9, 2019 REGULAR MEETING MOTION: Approve the minutes. MOTION: Contreras- Leo SECOND: Nguyen VOTE: AYES: Cano, Contreras-Leo, Garcia, McLoughlin, Nguyen, (5) NOES: None (0) ABSTAIN: Phan (1) ABSENT: Rivera (1) A - 1 2 PLANNING COMMISSION MINUTES January 27, 2020 B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent Commissioner Rivera MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Cano, Contreras-Leo, Garcia, McLoughlin, Nguyen, Phan (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Rivera (1) * * * END OF CONSENT CALENDAR * * BUSINESS CALENDAR ITEMS PUBLIC HEARING Item No. 5 considered out of order. 5. ZONING ORDINANCE AMENDMENT NO. 2019-05 – Ricardo Soto, Case Planner. LOCATION: Citywide REQUEST: The City is requesting adoption of Zoning Ordinance Amendment No. 2019-05 to amend provisions of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to accessory dwelling units (ADU). MOTION: Continue the matter until February 10, 2020. MOTION: Contreras- Leo SECOND: Ngueyn VOTE: AYES: Cano, Contreras-Leo, Garcia, McLoughlin, Nguyen, Phan, (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Rivera (1) A - 2 3 PLANNING COMMISSION MINUTES January 27, 2020 1. APPLICATION AMENDMENT NO. 2019-03 AND CONDITIONAL USE PERMIT NO. 2019- 21 {STRATEGIC PLAN NO. 3,2} – Ivan Orozco, Case Planner. LOCATION: 813 North Euclid Street located in the Two-Family Residence (R-2) zoning district. REQUEST: The applicant is requesting approval of the following land use entitlements: (1) Amendment Application No. 2019-03 to rezone the property from Two-Family Residence (R-2) to Community Commercial (C-1), and (2) Conditional Use Permit No. 2019-21 to allow a convenience store and service station to operate 24 hours a day, seven days per week. In conjunction with the land use entitlements, the applicant is requesting approval of Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, Environmental Review No. 2018-28. Case Planner Orozco provided a presentation. Commission discussion ensued regarding the height of the perimeter wall, lighting that is projected from signs onto adjacent property, alley access, security fencing, landscape, conditions of approval, crime in the area, homelessness and community outreach., Recording Secretary reported that written correspondence had been distributed. Chair McLoughlin opened the Public Hearing at 5:51 p.m. The applicant and representative spoke in support of the matter. Applicant agreed to meet with staff twice a year, for one year, to address any homeless issues that may arise. The following residents spoke on the matter: 1. Josh Vulcha, spoke in support. 2. Martin Mares, neutral on the matter; inquired about traffic circulation and pedestrian safety. 3. Omar Dominguez, spoke in support. There were no other speakers and the Public Hearing was closed at 6:05 p.m. Commission expressed concern with safety, security plan, traffic plan, landscape, and height of perimeter wall. Agreed to continue matter for two weeks to allow the applicant and staff to respond to concerns. MOTION: Continue the matter until February 10, 2020. MOTION: Phan SECOND: Nguyen VOTE: AYES: Cano, Contreras-Leo, Garcia, McLoughlin, Nguyen, Phan, (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Rivera (1) A - 3 4 PLANNING COMMISSION MINUTES January 27, 2020 2. CONDITIONAL USE PERMIT NO. 2019-38 – Jerry Guevara, Case Planner, LOCATION: 542 East Central Avenue located in the Single-Family Residence (R-1) zoning district. REQUEST: The applicant is requesting approval of Conditional Use Permit No. 2019-38 to allow the construction of a rectory building. Case Planner Guevara provided a staff presentation. Commission discussion ensued regarding the site plan. Chair McLoughlin opened the Public Hearing at 6:24 p.m. The applicant spoke in support of the matter. There were no other public speakers and the Public Hearing was closed at 6:27 p.m. MOTION: Adopt Resolution No. 2020-01. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-38 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A TWO-STORY 6,372-SQUARE FOOT RECTORY BUILDING AT THE PROPERTY LOCATED AT 542 EAST CENTRAL AVENUE MOTION: Contreras- Leo SECOND: Nguyen VOTE: AYES: Cano, Contreras-Leo, Garcia, McLoughlin, Nguyen, Phan, (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Rivera (1) 3. CONDITIONAL USE PERMIT NO. 2019-44 – Kathy Khang, Case Planner. LOCATION: 2920 South Kilson Drive located in the Light Industrial (M-1) zoning district. REQUEST: The applicant is requesting approval of Conditional Use Permit No. 2019-44 to allow the operation of a canine rehabilitation center/kennel. Case Planner Khang provided a staff report. Commission discussion ensued regarding business operations. Chair McLoughlin opened the Public Hearing at 6:33 p.m. The applicant spoke in support of the matter and answered questions regarding business operations and the site plan. Commission inquired about conditions of approval, zoning, and business classification. The following individual spoke in support of the matter. 1. Tara Haddad A - 4 5 PLANNING COMMISSION MINUTES January 27, 2020 There were no other public speakers and the Public Hearing was closed at 6:49 p.m. MOTION: Adopt Resolution No. 2020-02. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-44 AS CONDITIONED TO ESTABLISH A CANINE REHABILITATION CENTER KENNEL AT THE PROPERTY LOCATED AT 2920 SOUTH KILSON DRIVE MOTION: Cano SECOND: Nguyen VOTE: AYES: Cano, Contreras-Leo, Garcia, McLoughlin, Nguyen, Phan, (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Rivera (1) 4. CONDITIONAL USE PERMIT NO. 2019-45 AND VARIANCE NO. 2019-06 – Jerry Guevara, Case Planner. LOCATION: 1570 E. 17th Street located in the Arterial Commercial (C-5) zoning district. REQUEST: The applicant is requesting approval of the following land use entitlements: (1) Conditional Use Permit No. 2019-45 to allow the operation of an adult day care facility, and (2) Variance No. 2019-06 to allow a reduction in required off-street parking. Case Planner Guevara provided a staff presentation. Commission discussion ensued regarding the parking analysis and mode of transportation for patients and employees. *Chair McLoughlin left the meeting at 6:57 p.m. and did not return. Vice Chair Contreras-Leo opened the Public Hearing at 7:02 p.m. The applicant spoke in support of the matter. Applicant indicated that the program is more closely related to a volunteer/activity program for disabled adults rather than an adult day care facility. There were no public speakers and the Public Hearing was closed at 7:17 p.m. MOTIONS with the added condition that the resolution be modified to accurately reflect the program description: a. Adopt Resolution No. 2020-03. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-45 AS CONDITIONED TO ALLOW THE OPERATION OF AN ADULT DAY CARE FACILITY AT 1570 EAST SEVENTEENTH STREET; and b. Adopt Resolution No. 2020-04. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019- 06 AS CONDITIONED TO ALLOW A REDUCTION IN REQUIRED OFF-STREET PARKING FOR AN ADULT DAY CARE FACILITY AT 1570 EAST SEVENTEENTH STREET A - 5 6 PLANNING COMMISSION MINUTES January 27, 2020 MOTION: Cano SECOND: Garcia VOTE: AYES: Cano, Contreras-Leo, Garcia, McLoughlin, Nguyen, Phan, (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Rivera (1) ***END OF BUSINESS CALENDAR * * * COMMENTS 5. STAFF COMMENTS • Executive Director Thai wished everyone a Happy Lunar New Year. • Welcomed new Commissioner Phan. 6. COMMISSION MEMBER COMMENTS • Vice Chair Contreras-Leo welcomed new Commissioner Phan. • Commissioner Nguyen welcomed new Commissioner Phan and new Assistant Planner, Kathy Khang. • Commissioner Nguyen welcomed new Commissioner Phan and new Assistant Planner, Kathy Khang. 7:19 P.M. ADJOURNMENT –The next regular meeting will be held on February 10, 2020 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A - 6 1 - 1 1 - 2 1 - 3 1 - 4 1 - 5 1 - 6 1 - 7 1 - 8 1 - 9 This page left blank intentionally. 1 - 10 EXHIBIT 1 1 - 11 This page left blank intentionally. 1 - 12 RH 2.10.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2018-28 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-03 FOR THE PROJECT LOCATED AT 813 NORTH EUCLID STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Adan Madrid (Applicant) is requesting approval of Amendment Application No. 2019-03 to amend the zoning designation of the parcel located at 813 North Euclid Street from Two-Family Residence (R-2) to Community Commercial (C-1) to facilitate the construction of a 3,045-square foot convenience store and service station on the 0.65-acre property. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), the CEQA Guidelines and Public Resources Code Sections 21000 et. seq., as amended, require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less than significant level. D. The City of Santa Ana prepared an Initial Study and Mitigated Negative Declaration (IS/MND) Environmental Review No. 2018-28 for the proposed project which reflects the City’s independent judgement and analysis as lead agency for the project. The Initial Study and Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address potential impacts on cultural and tribal resources, geology and soils, hazards and hazardous materials, noise and traffic. E. On January 6, 2020, Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2018-28 was published in 1 - 13 the Orange County Register newspaper, circulated to interested agencies, organizations and parties, and the Orange County Clerk Recorder. F. The documents related to the Initial Study and Mitigated Negative Declaration were made available for a 20-day public review and comment period between January 6, 2020 and January 26, 2020 at Santa Ana City Hall, the Main Library, and on the project webpage on the City’s website. G. Comments received were addressed in a Response to Comments document that provides sufficient information to demonstrate that the environmental conclusions and mitigation measures remain valid as disclosed in the Mitigated Negative Declaration. H. The mitigation measures set forth in the Mitigated Negative Declaration are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. I. On January 27, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. During its deliberations, the Planning Commission considered the environmental analysis and mitigation measures described in the draft Mitigated Negative Declaration Environmental Review No. 2018-28 and voted 6:0:1 (Rivera absent) to continue the item to the February 10, 2020 Planning Commission meeting in order to provide the Commission additional information pertaining to vehicle circulation, perimeter fencing, landscaping and lighting. J. On February 10, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. During its deliberations, the Planning Commission considered the environmental analysis and mitigation measures described in the draft Mitigated Negative Declaration Environmental Review No. 2018-28 and recommended that the City Council adopt a resolution approving Amendment Application No. 2019-03, Conditional Use Permit 2019-01, and adopt Mitigated Negative Declaration (MND), Environmental Review No. 2018-28 and the Mitigation Monitoring and Reporting Program. K. On March 17, 2020, the City Council of the City of Santa Ana held a duly- noticed public hearing to consider all testimony, written and oral, related to Initial Study and Mitigated Negative Declaration, Environmental Review No. 2018-28, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-28, prepared with respect to this project. The MND and 1 - 14 Mitigation Monitoring and Reporting Program are attached herein as Exhibit A. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and adopts the MND and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The City Council hereby adopts the Mitigated Negative Declaration, Environmental Review No. 2018-28 and approves the Mitigation Monitoring and Reporting Program attached hereto and incorporated herein as Exhibit A, consistent with Public Resources Code section 21081.6; makes implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program a condition of approval of the Project, and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated February 18, 2020, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 5. The Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program, as well as all supporting documents are on file and available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92702. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, 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”), 1 - 15 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 7. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council’s decisions and these findings. ADOPTED this ____ day of ___________, 2020. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ 1 - 16 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2020. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 1 - 17 EXHIBIT A Mitigated Negative Declaration, Environmental Review No. 2018-28 and Mitigation Monitoring and Reporting Program Online: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and-documents/euclid- hazard-7-eleven-service-station Paper Copies: Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 1 - 18 EXHIBIT 2 1 - 19 This page left blank intentionally. 1 - 20 Ordinance No. NS-XXXX Page 1 of 4 RH 2.10.20 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-03 REZONING THE PROPERTY LOCATED AT 813 NORTH EUCLID STREET FROM TWO- FAMILY RESIDENTIAL (R-2) TO COMMUNITY COMMERCIAL (C-1) 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. Amendment Application No. 2019-03 has been filed with the City of Santa Ana to change the zoning designation of the parcel located at 813 North Euclid Street from Two-Family Residence (R-2) to Community Commercial (C-1), described in Exhibit A. B. The zoning designation of the Community commercial (C-1) would bring the rezoned property into consistency with the General Plan land use designation of General Commercial (GC). C. The zoning designation of the Community commercial (C-1) would facilitate the development of a 3,045-square foot convenience store and 1,800-square foot fueling canopy D. On January 27, 2020, the Planning Commission held a duly-noticed public hearing and after considering the item, voted 6:0:1 (Rivera absent) to continue Amendment Application No. 2019-03 to the February 10, 2020 Planning Commission meeting in order for staff to provide additional information to the Commission pertaining vehicle circulation, perimeter fencing, and landscaping and lighting. E. On February 10, 2020, the Planning Commission held a duly-noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-03. F. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the General Plan. G. The City Council, prior to taking action on this ordinance, held a duly-noticed public hearing on March 17, 2020. 1 - 21 Ordinance No. NS-XXXX Page 2 of 4 H. The City Council also adopts as findings all facts presented in the Request for Council Action dated March 17, 2020 accompanying this matter. I. For these reasons, and each of them, Amendment Application No. 2019- 03 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Planning Commission of the City of Santa Ana recommended that the City Council adopt an ordinance rezoning the real property located at 813 North Euclid Street from Two-Family Residence (R-2) to Community Commercial (C-1), (AA No. 2019-03). Amended Sectional District Map number 9-5-10 showing the above described change in use district designation, is attached hereto as Exhibit B and incorporated by this reference as though fully set forth herein. This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated March 17, 2020, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-28 and Mitigation, Monitoring and Reporting Program, prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2018- 28 meets all the requirements of CEQA. Section 4. This ordinance shall not be effective unless and until Resolution No. 2020- (Environmental Review No. 2018-28) and Ordinance No. 2020- (Amendment Application No. 2019-03) are adopted and become effective. If either resolution and/or ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, 1 - 22 Ordinance No. NS-XXXX Page 3 of 4 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. ADOPTED this ____ day of ________, 2020. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ 1 - 23 Ordinance No. NS-XXXX Page 4 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-_____ to be the original ordinance adopted by the City Council of the City of Santa Ana on __________, 2020 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 1 - 24 EXHIBIT 3 1 - 25 This page left blank intentionally. 1 - 26 Resolution No. 2020-xx Page 1 of 9 RH 2.10.20 RESOLUTION NO. 2020-xx BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Adan Madrid with ASI Development, representing 7-Eleven, Inc. (“Applicant”), is requesting approval of Conditional Use Permit No. 2019- 21 to allow a 7-Eleven convenience store and service station to operate 24 hours per day, seven days per week, at the property located at 813 North Euclid Street. B. Santa Ana Municipal Code (“SAMC”) Section 41-365.5(h) requires approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the City Council is authorized to review and approve the conditional use permit for this project as set forth by the SAMC. D. On January 27, 2020, the Planning Commission held a duly-noticed public hearing for Conditional Use Permit No. 2019-21. After staff presentation and public input, the Planning Commission voted 6:0:1 (Rivera absent) to continue the item to the February 10, 2020 Planning Commission meeting in order to provide the Commission additional information pertaining to vehicle circulation, perimeter fencing, landscaping and lighting. E. On February 10, 2020, the Planning Commission held a duly-noticed public hearing for Conditional Use Permit No. 2019-21 to consider all testimony, written and oral, related to Conditional Use Permit No. 2019-21, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-21 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 813 NORTH EUCLID STREET 1 - 27 Resolution No. 2020-xx Page 2 of 9 F. On March 17, 2020, the City Council of the City of Santa Ana held a duly- noticed public hearing to consider all testimony, written and oral, related to Conditional Use Permit No. 2019-21, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. G. The City Council 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. 2019-21, 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 and service station will provide an additional amenity to individuals wishing to have an early coffee and/or meal. Allowing the store and fuel pumps to be open 24 hours per day, seven days per week, will create a one-stop shop location for residents and commuters. Additionally, the extended hours will thereby benefit the community by providing a convenience store offering service past 12:00 midnight, which is consistent with other similar uses in the City. By offering extended hours of operation, 7-Eleven will better serve the community by providing added convenience and a one-stop shopping experience. The project will redevelop a vacant site with a new convenience store with ancillary gas sales. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting and security cameras. This will help activate and beautify the street corner. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed on the CUP that will mitigate any negative impacts to the surrounding community. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure minimal calls for service. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. 1 - 28 Resolution No. 2020-xx Page 3 of 9 The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable code and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and 1 - 29 Resolution No. 2020-xx Page 4 of 9 attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City’s economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2018-28) and a Mitigation Monitoring and Reporting Program were prepared and adopted with respect to this project. Section 3. Conditional Use Permit No. 2019-21 shall not be effective unlelss and until the City Council reviews and approves Amendment Application No. 2019-03 and adopts the Mitigated Negative Declaration, Environmental Review No. 2018-28, and the Mitigation Monitoring and Reporting Program. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby recommends that the City Council approve Conditional Use Permit No. 2019-21, as conditioned in Exhibit A, attached hereto and incorporated herein, for the 1 - 30 Resolution No. 2020-xx Page 5 of 9 project located at 813 North Euclid Street. 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 February 10, 2020, the Request for City Council Action dated March 17, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _____ day of ______________, 2020. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _____________, 2020. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 1 - 31 Resolution No. 2020-xx Page 6 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-21 Conditional Use Permit No. 2019-21 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. 2018-08 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. 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, and the proposed trash enclosure shall be screened by a four (4) foot high landscape hedge and incorporate vines. The plan shall also incorporate a row of Italian cypress trees, or similar species to be planted along the southern perimeter of the property to provide additional screening to the residential uses to the south (Modified by staff on February 10, 2020). 4. Prior to issuance of a building permit for the structures, the existing perimeter wall shall be increased to seven feet in height. (Added by staff on February 10, 2020). 5. All existing and new perimeter walls shall be painted or coated in anti-graffiti coating, and vines shall be planted along all such walls. 6. To deter loitering and illegal dumping, the landscape plan shall include dense landscaping and a minimum five (5) foot tall wrought iron fence at the southeast corner of the subject site between the southerly edge of the building and the southern property line. 7. The location of the trash enclosure and the air/water machine must be designed to minimize any potential impacts to the residential uses to the south of the subject 1 - 32 Resolution No. 2020-xx Page 7 of 9 site. Final location of the trash enclosure shall be subject to the approval of the Planning Manager. 8. The air/water machine must provide an automatic shut-off component to cease operation between the hours of 10:00 p.m. and 7:00 a.m. 9. 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.). 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 1 - 33 Resolution No. 2020-xx Page 8 of 9 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. 10. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 11. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 12. 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. 13. 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. 14. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy. 15. There shall be no coined-operated games maintained on the premises at any time. 16. No pay telephones shall be located on the premises. 17. “No Loitering/Trespass” signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 18. 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. 1 - 34 Resolution No. 2020-xx Page 9 of 9 19. 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. 20. Exterior lighting shall be shielded and/or directed away from residential areas. 21. Goods and fuel deliveries shall not occur between 10:00 p.m. and 7:00 a.m. 22. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 23. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 24. The sale of alcoholic beverages shall be prohibited. 25. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 1 - 35 This page left blank intentionally. 1 - 36 EXHIBIT 4 1 - 37 This page left blank intentionally. 1 - 38 12/17/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 AA-2019-03 & CUP-2019-21, 7-Eleven Service Station813 North Euclid Street Exhibit 4 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 1 - 39 This page left blank intentionally. 1 - 40 EXHIBIT 5 1 - 41 This page left blank intentionally. 1 - 42 STREET VIEW FROM EUCLID STREET STREET VIEW AT INTERSECTION OF EUCLID STREET AND HAZARD AVENUE 1 - 43 This page left blank intentionally. 1 - 44 EXHIBIT 6 1 - 45 This page left blank intentionally. 1 - 46 1 - 47 This page left blank intentionally. 1 - 48 EXHIBIT 7 1 - 49 This page left blank intentionally. 1 - 50 1 - 51 This page left blank intentionally. 1 - 52 EXHIBIT 8 1 - 53 This page left blank intentionally. 1 - 54 1 - 55 This page left blank intentionally. 1 - 56 EXHIBIT 9 1 - 57 This page left blank intentionally. 1 - 58 1 - 59 This page left blank intentionally. 1 - 60 EXHIBIT 10 1 - 61 This page left blank intentionally. 1 - 62 Euclid Street Hazard Avenue N 1 - 63 This page left blank intentionally. 1 - 64 EXHIBIT 11 1 - 65 This page left blank intentionally. 1 - 66 ASI Development Cordially invites you to a community information meeting for: Proposed service station with fuel canopy and convenience store @ 813 N. Euclid St., Santa Ana, CA 92703 Please come and share your thoughts and ideas about this new development. We will provide general information, with Q&A to follow. MEETING DATE: May 12, 2018 TIME: 10:00 a.m to 11:00 p.m. MEETING LOCATION: Salgado Center, MPR Room 706 N. Newhope Avenue Santa Ana, CA 92704 If you have questions regarding this event or require language interpretation services in languages other than English, please contact: Adan Madrid at (949) 235-9538 or adan@asidvm.com 1 - 67 1 - 68 EXHIBIT 12 1 - 69 This page left blank intentionally. 1 - 70 Attachment 12 The Euclid-Hazard 7-Eleven Service Station and Convenience Store Mitigated Negative Declaration and technical appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 Or Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 Or https://www.santa-ana.org/pb/planning-division/major-planning-projects-and-documents/euclid- hazard-7-eleven-service-station 1 - 71 This page left blank intentionally. 1 - 72 2-1 2-2 2-3 2-4 EXHIBIT 1 2-5 This page left blank intentionally. 2-6 #25843v3 LR 2.10.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-40 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 55-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1720 EAST 17TH 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. Alexander Lew with Core Development Services, representing Crown Castle USA, Inc. (“Applicant”), is requesting approval of Conditional Use Permit (“CUP”) No. 2019-40 to renew the entitlements of an existing 55- foot tall major wireless communications facility disguised as a mono-pine located at 1720 East 17th Street. B. On June 28, 2004, the Planning Commission approved CUP No. 2003-29 allowing the construction of the subject major wireless communications facility. C. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-198.10, a CUP 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 reached its 10-year term, the applicant is required to apply for a new CUP in order to maintain the entitlements for the current facility. F. On February 10, 2020, the Planning Commission held a duly noticed public hearing on CUP No. 2019-40. G. The Planning Commission determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Section 41-638, have been established for CUP No. 2019-40 to renew the entitlements of an existing 55-foot tall major wireless communication facility: 2-7 #25843v3 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 property in the surrounding 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 2-8 #25843v3 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 California Code of Regulations 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 existing or former use.. 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. 2019-91 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. 2-9 #25843v3 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves CUP No. 2019-40, 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 February 10, 2020, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of February, 2020 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:________________________ Laura A. Rossini Senior Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 10, 2020. Date: ________________ ____________________________________ Recording Secretary 2-10 #25843v3 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-40 Conditional Use Permit No. 2019-40 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. 2018-29). 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. All deteriorating and/or faded stealth leafs shall be replaced and all antennas shall be painted a darker green to match the leaf color of the surrounding trees. 4. 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. 5. 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. 6. 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. 7. The proposed facility’s appearance shall be enhanced by adding 82 additional branches to the existing mono-pine. 8. 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. 2-11 #25843v3 9. Conditional Use Permit No. 2019-40 expires 10 years from the date of Planning Commission approval. 10. Prior to issuance of CUP No. 2019-40, 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 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; 2-12 #25843v3 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; and 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. 2-13 This page left blank intentionally. 2-14 EXHIBIT 2 2-15 This page left blank intentionally. 2-16 / CUP 2019-40, Sprint Cell Tower1720 East 17th Street Exhibit 2 -Vicinity Zoning and Aerial View © 2020 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 625 feet 2-17 This page left blank intentionally. 2-18 EXHIBIT 3 2-19 This page left blank intentionally. 2-20 CUP No. 2019-40 1720 East Seventeenth Street Exhibit 3 - Site Photo 2-21 This page left blank intentionally. 2-22 EXHIBIT 4 2-23 This page left blank intentionally. 2-24 2-25 2-26 EXHIBIT 5 2-27 This page left blank intentionally. 2-28 2-29 2-30 3 - 1 3 - 2 3 - 3 3 - 4 EXHIBIT 1 3 - 5 This page left blank intentionally. 3 - 6 Resolution No. 2020-xx Page 1 of 7 LS 2.10.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-42 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 55-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1302 SOUTH LYON 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. Alexander Lew with Core Development Services, representing Crown Castle USA, Inc. (“Applicant”), is requesting approval of Conditional Use Permit (“CUP”) No. 2019-42 to renew the entitlements of an existing 55- foot tall major wireless communications facility disguised as a mono-pine located at 1302 South Lyon Street. B. On September 24, 2007, the Planning Commission approved CUP No. 2007-03 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 exc eed ten (10) years. E. As the current facility has reached its 10-year term, the applicant is required to apply for a new CUP in order to maintain the entitlements for the current facility. F. On February 10, 2020, the Planning Commission held a duly noticed public hearing on CUP No. 2019-42. G. The Planning Commission determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Section 41-638, have been established for CUP No. 2019-42 to renew the entitlements of an existing 55-foot tall major wireless communication facility: 3 - 7 Resolution No. 2020-xx Page 2 of 7 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 3 - 8 Resolution No. 2020-xx Page 3 of 7 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. 2019-94 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. 3 - 9 Resolution No. 2020-xx Page 4 of 7 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves CUP No. 2019-42, as conditioned in Exhibit A, attached hereto and incorporated herein. CUP No. 2019-42 expires 10 years from the date of Planning Commission approval. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: th e Request for Planning Commission Action dated February 10, 2020, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of February, 2020 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. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 10, 2020. Date: ________________ ____________________________________ Recording Secretary for 3 - 10 Resolution No. 2020-xx Page 5 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-42 Conditional Use Permit No. 2019-42 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. 2019-35). 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. All deteriorating and/or faded stealth leaf s shall be replaced and all antennas shall be painted a darker green to match the leaf color of the surrounding trees. 4. The Applicant shall provide a 24-hour phone number to which interference problems may be reported. 5. 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. 6. 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. 7. 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. 8. Conditional Use Permit No. 2019-42 expires 10 years from the date of Planning Commission approval. 3 - 11 Resolution No. 2020-xx Page 6 of 7 9. Prior to issuance of CUP No. 2019-42, 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 satisf actory 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 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 severa lly 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 3 - 12 Resolution No. 2020-xx Page 7 of 7 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 maint enance, 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; and 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 - 13 This page left blank intentionally. 3 - 14 EXHIBIT 2 3 - 15 This page left blank intentionally. 3 - 16 / CUP 2019-42, Monopine Cell Tower1302 South Lyon Street Exhibit 2 - Vicinity Zoning and Aerial View © 2020 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 626 feet 3 - 17 This page left blank intentionally. 3 - 18 EXHIBIT 3 3 - 19 This page left blank intentionally. 3 - 20 CUP No. 2019-42 1302 South Lyon Street Exhibit 3 – Site Photo 3 - 21 This page left blank intentionally. 3 - 22 EXHIBIT 4 3 - 23 This page left blank intentionally. 3 - 24 3 - 25 This page left blank intentionally. 3 - 26 EXHIBIT 5 3 - 27 This page left blank intentionally. 3 - 28 3 - 29 3 - 30 4 - 1 4 - 2 4 - 3 4 - 4 EXHIBIT 1 4 - 5 This page left blank intentionally. 4 - 6 RESOLUTION NO. 2020-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. Ada Fermin with PM Design Architectural Solutions Group, representing Fairview-Sunflower LLC (Applicant), is requesting approval of Conditional Use Permit (CUP) No. 2019-46 to allow the construction of an automated car wash at 3820 South Fairview Street. B. Santa Ana Municipal Code (SAMC) Section 41-472.5(m) requires approval of a CUP for car wash facilities within the Light Industrial (M1) zoning district. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the SAMC. D. On February 10, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2019-46. 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 CUP No. 2019-46, 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 continue to provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 3820 South Fairview Street. The new car wash will have the same purpose and capacity as the existing car wash. The proposed automatic car wash facility is a use that will support the adjacent commercial A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-46 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF AN AUTOMATED CAR WASH AT THE PROPERTY LOCATED AT 3820 SOUTH FAIRVIEW STREET 4 - 7 and residential uses in the area. This will thereby benefit the community by providing affordable and convenient carwash service with convenient access from major arterial streets. The automatic car wash service will provide an additional service option for patrons of the service station. 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 provide queuing for approximately 10 vehicles. In addition, the stacking lane is to be placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. 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 M1 zoning district. Additionally, since 1972, a car wash has been in operation at the subject site. The automated car wash will replace the existing car wash and, in addition, the site will be redeveloped with a new service station canopy and convenience store. The car wash will continue to provide a service to the community and will generate sales tax revenue for the City. 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 development standards and regulations contained in Chapter 41 of the SAMC. Furthermore, the project was designed in accordance with Chapter 10 (Special Use Guidelines) Section 4 (Service Stations and Car Washes) of the Citywide Design Guidelines adopted by City Council in 2006. In addition, 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. 4 - 8 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 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. Policy 1.10 encourages the development of commercial uses at arterial roadway intersections in commercial districts. Policy 2.8 promotes rehabilitation of commercial properties and encourages increased levels of capital investment. This project will promote the investment of a new commercial development and encourage increased levels of capital investment through the reconstruction of a new car wash on this site. The project will also promote a balance of land uses to address basic community needs and that enhance the economic viability of the City and will provide a use that will assist in diversifying the range of services available in the City. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15303 (Class 3 – New Construction or Conversions of Small Structures). This exemption applies to the construction of small structures, which in an urbanized areas the exemption applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site’s location does not include any environmental features indicating that it is sensitive. The proposed project will demolish an existing automated car wash and a new automated car wash will be constructed having the same purpose and capacity as the existing car wash and will be located in the same location. As a result, Categorical Exemption, Environmental Review No. 2016-89 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, mediatio ns, 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 s eek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the 4 - 9 City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters o f 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 ot her 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 unreasonab ly 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. 2019-46, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 3820 South Fairview Street. 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 February 10, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of February, 2020. 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 for 4 - 10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 10, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 4 - 11 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-46 Conditional Use Permit No. 2019-46 for an automated 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, 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. 2016-29) 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. Roll-up doors shall be provided to restrict access to the car wash tunnel during non- operating hours. 4. Onsite employees shall be responsible for the removal of all litter and trash from the site each day. 5. The existing west and north perimeter walls shall be repaired as needed and repainted with an anti-graffiti coating. 6. Vacuuming equipment shall not be available or functional during non-operating hours and shall be shielded to reduce noise emissions. 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. 4 - 12 10. 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 Division. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance. In addition, all trees in the landscape plan to be planted along Fairview Street and Sunflower Avenue shall be minimum 24-inch box size with ranges of 1 to 2.5-inch calipers and vines shall be planted along the west and north perimeter walls. 11. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior and interior attractive nuisances associated with the business operations. The security plan is to be approved by the Police Department. 12. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 13. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 14. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 15. 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. 16. Install a silent armed robbery alarm. 17. There shall be no coined-operated games maintained on the premises at any time. 18. No pay telephones shall be located on the premises. 19. “No Loitering/Trespass” signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 20. Provide a Close Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 21. 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-inch 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. 22. Exterior lighting shall be shielded and/or directed away from adjacent properties. 23. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 4 - 13 24. The sale of alcoholic beverages shall be prohibited. 25. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 26. 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.); 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/o r 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 ); 4 - 14 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; and 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 cu re 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. 4 - 15 This page left blank intentionally. 4 - 16 EXHIBIT 2 4 - 17 This page left blank intentionally. 4 - 18 1/13/2020 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP No. 2019-463820 S. Fairview Street Exhibit 2 - Vicinity Zoning & Aerial Map © 2020 Digital Map Products. All rights reserved. Santa Ana Boundary 250 feet 4 - 19 This page left blank intentionally. 4 - 20 EXHIBIT 3 4 - 21 This page left blank intentionally. 4 - 22 CUP No. 2019-46 3820 S. Fairview Street Exhibit 3 – Site Photo 4 - 23 This page left blank intentionally. 4 - 24 EXHIBIT 4 4 - 25 This page left blank intentionally. 4 - 26 VT CG CG CG CG CG EP SD SD TP TS TS TS WMZONELOADINGNOPARKING SFVISSFVFV I>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>> >>>>>>>>>>>>>>>>>>>>>>>>>>>0 GRAPHIC SCALE: 1" = 010'10'20'30' 10' SITE PLAN S. FAIRVIEW ST.SUNFLOWER AVE. 0.21A 1.0 0.9A 1.5 1.4 (2) 1.6 1.19 1.8 0.22 A 1.8 0.3 (3) 35.7' 39.0' 1.8 1.8 1.6 1.10 # 0.13A 1.12 1.13 1.10 1.16 1.3 (8)42'± FL TO CL50' R/W TO CL49'± FL TO CL 57' R/W TO CL 2 6 8.0'8.0'0.13 A 0.21A A 0.15A 0.15 A 1.8 1.6 1.6 1 CAR WASH STACKING LANE (60' MIN.) 1.23 1.25 1.26 20.0'24.0'6 9 . 0 '(N) CANOPY11.5'23.0'23.0'1 1 . 5 ' 23.0'6.0'12.0'14.0'15.0'17.0'30.0' (N) DWY. 1 6 . 6 ' 2 6 . 6 ' 6 . 5 '21.4'15.0'34.0' (N) CANOPY 20.0'6.5'9.8'TYP.18.0' 2.5'8.5'10.0'8.5'3.4'3.3'18.9'19.7'4.5'4.7'4.0'14.7'2.0'39.4'1.21 3 4 5 1.23 1.23 7 8 9 11 12.6'21.4' 1.12 1.13 18.6' 1.22 15.1'1.6 1.6 1.6 1.6 12.0' 1.8 3.6' 15.0'12.0'8.5'9.0'22.4'12.0'15.0'51.8'20.0' 13.8'CUP 1st SUBMITTAL 12/17/2019>>> · · · A B C(N) 30.0'DWY.± 30.0'(E) DWY.6.5'MIN.6.5' MIN.11.0'15.0'15.0'15.0'15.0'17.0'S.B.19.3' S.B. 1.2710.8'1.18 1.6 1.7 2 . 4 ' 1 4 . 0 ' 2.6' 1.14 1.3 (7) 1.28 1.28 1.28 1.28 1.28 1.28 1.28 TYP. TYP. TYP. 1.29 1.29 1.25 1.3 1.25 1.25 1.25 1.25 1.25 TYP. 1.8 1.8 1.8 1.8 1.8 19.5' 12.5'4.0'15.0'60.0' (N) CAR WASH 6.0'18.7'8.5'1.9 1.14 1.31 1.31 18.7'1.32 4 - 27 This page left blank intentionally. 4 - 28 EXHIBIT 5 4 - 29 This page left blank intentionally. 4 - 30 CASHIER AREA 101 SALES AREA 100 BACKROOM 103 WALK-IN COOLER 104 ALL GENDER RESTROOM 105 OFFICE 102 4 - 31 This page left blank intentionally. 4 - 32 EXHIBIT 6 4 - 33 This page left blank intentionally. 4 - 34 3820 EXIT 3820 P-1 SW SNOWBOUND P-2 SW TIN LIZZIE P-3 SHELL YELLOW - PANTON SHL003 P-4 SHELL RED - PANTON SHL005 P-5 SW PEPPERCORN STUCCO 7/8" CEMENT PLASTER, INSTALLED PER MANUFACTURER SPECIFICATION; TEXTURE: SMOOTH SAND FINISH STONE STONE VENEER MANUFACTORER: ELDORADO STONE PRODUCT: MOUNTAIN LEDGE COLOR: SIERRA TILES PORCELAIN TILE MANUFACTORER: EUROWEST PRODUCT: E-WOOD COLOR: BLOND S-CMU PRECISION CMU MANUFACTORER: ANGELUS BLOCK COLOR: SAGE CMU SPLIT FACE CMU MANUFACTORER: ANGELUS BLOCK COLOR: SAGE 4 - 35 ENTER EXIT P-1 SW SNOWBOUND P-2 SW TIN LIZZIE P-3 SHELL YELLOW - PANTON SHL003 P-4 SHELL RED - PANTON SHL005 P-5 SW PEPPERCORN STUCCO 7/8" CEMENT PLASTER, INSTALLED PER MANUFACTURER SPECIFICATION; TEXTURE: SMOOTH SAND FINISH STONE STONE VENEER MANUFACTORER: ELDORADO STONE PRODUCT: MOUNTAIN LEDGE COLOR: SIERRA TILES PORCELAIN TILE MANUFACTORER: EUROWEST PRODUCT: E-WOOD COLOR: BLOND S-CMU PRECISION CMU MANUFACTORER: ANGELUS BLOCK COLOR: SAGE CMU SPLIT FACE CMU MANUFACTORER: ANGELUS BLOCK COLOR: SAGE 4 - 36 P-1 SW SNOWBOUND P-2 SW TIN LIZZIE P-3 SHELL YELLOW - PANTON SHL003 P-4 SHELL RED - PANTON SHL005 P-5 SW PEPPERCORN STUCCO 7/8" CEMENT PLASTER, INSTALLED PER MANUFACTURER SPECIFICATION; TEXTURE: SMOOTH SAND FINISH STONE STONE VENEER MANUFACTORER: ELDORADO STONE PRODUCT: MOUNTAIN LEDGE COLOR: SIERRA TILES PORCELAIN TILE MANUFACTORER: EUROWEST PRODUCT: E-WOOD COLOR: BLOND S-CMU PRECISION CMU MANUFACTORER: ANGELUS BLOCK COLOR: SAGE CMU SPLIT FACE CMU MANUFACTORER: ANGELUS BLOCK COLOR: SAGE 4 - 37 This page left blank intentionally. 4 - 38 EXHIBIT 7 4 - 39 This page left blank intentionally. 4 - 40 4 - 41 This page left blank intentionally. 4 - 42 5 - 1 5 - 2 5 - 3 5 - 4 5 - 5 5 - 6 5 - 7 5 - 8 EXHIBIT 1 5 - 9 5 - 10 5 - 11 5 - 12 5 - 13 5 - 14 5 - 15 5 - 16 5 - 17 5 - 18 5 - 19 5 - 20 5 - 21 5 - 22 5 - 23 5 - 24 5 - 25 5 - 26