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HomeMy WebLinkAbout09-28-20_AGENDA PACKETPLANNING COMMISSION AGENDA SEPTEMBER 28, 2020 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA SEPTEMBER 28, 2020 5:30 P.M. VIRTUAL MEETING 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 THOMAS MORRISSEY Ward 6 Representative 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. Translation Services: If you require translation services to participate in this meeting, please contact Sarah Bernal at sbernal@santa-ana.org no later than 48 hours prior to the scheduled 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]. Lisa E. Storck Legal Counsel Vince Fregoso, AICP Planning Manager Sarah Bernal Recording Secretary Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, we can no longer offer an in-person meeting location for the community to attend public meetings. You may watch the meeting live in the following ways:  Visit the City’s website santa-ana.org/city-meetings and select the active link for the current Planning Commission meeting.  Visit the City’s YouTube site at youtube.com/cityofsantaanavideos/live. You may provide a comment in the following ways:  Send an e-mail to ecomments@santa-ana.org (reference ‘”Planning Commission Public Comment for Agenda Item No. #” in the subject line). Make sure to include your name, whether you are in support of or in opposition to the item and why. The deadline to submit comments is 5:00 p.m. on the day of the meeting. Comments received by the deadline will be distributed to the Commission prior to the start of the meeting and will also be posted on our website at www.santa-ana.org/cc/city-meetings. Comments received after the deadline may not be distributed to the Commission but will be posted on the City's website at the earliest possible opportunity after the meeting; or  Join the Zoom Webinar directly at: https://us02web.zoom.us/j/315965149; or  Call 669-900-9128 and enter Meeting ID: 315 965 149# when prompted. Callers can begin joining the speaker que by 5:00 p.m. on the day of the meeting. While the item that you would like to comment on is being discussed, dial *9 to let us know that you want to speak. After the clerk confirms the last three digits of caller’s phone number and unmutes them, the caller must press *6 to speak. You will have 3 minutes to state your name, whether you are in support of or in opposition to the item, and why. If you are calling in and watching YouTube, please turn your volume down on YouTube to limit any feedback when you speak. PLANNING COMMISSION AGENDA SEPTEMBER 28, 2020 Basic Planning Commission Meeting Information The Planning Commission Agenda can be found online at https://www.santa-ana.org/cc/city-meetings 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 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 and Staff Reports An agenda along with staff reports are provided for each Planning Commission meeting. The Planning Commission agenda and staff reports 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. 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. 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. 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 September 28, 2020 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non-agenda items): Individuals may comment on an agenda item in the following ways: (1) You may submit written comments by email to ecomments@santa-ana.org (reference ‘”Planning Commission Public Comment for Agenda Item #” in the subject line). The deadline to submit comments is 5:00 p.m. on the day of the meeting; or (2) You may join the Zoom Webinar directly at: https://us02web.zoom.us/j/315965149; or (3) You may comment by phone while the meeting is in progress by calling 669-900-9128. Enter Meeting ID: 315 965 149# when prompted. While the item that you would like to comment on is being discussed, dial *9 to let us know that you want to speak. After you are called upon, you must press *6 to unmute yourself. Please state your name, whether you are in support or opposition to an item and why. You will have 3 minutes to speak. . RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A – B. A. MINUTES FROM THE SEPTEMBER 14, 2020 REGULAR MEETING. RECOMMENDED ACTION: Approve the minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * ** CONSENT CALENDAR Individuals may comment on an agenda item in the following ways: (1) You may submit written comments by email to ecomments@santa-ana.org (reference ‘”Planning Commission Public Comment for Agenda Item #” in the subject line). The deadline to submit comments is 5:00 p.m. on the day of the meeting; or (2) You may join the Zoom Webinar directly at: https://us02web.zoom.us/j/315965149; or (3) You may comment by phone while the meeting is in progress by calling 669-900-9128. Enter Meeting ID: 315 965 149# when prompted. While the item that you would like to comment on is being discussed, dial *9 to let us know that you want to speak. After you are called upon, you must press *6 to unmute yourself. Please state your name, whether you are in support or opposition to an item and why. You will have 3 minutes to speak. PLANNING COMMISSION AGENDA September 28, 2020 PUBLIC HEARING 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 was published in the Orange County Register on September 18, 2020. 1. CONDITIONAL USE PERMIT NO. 2020-17 AND VARIANCE NO. 2020-03 – Jerry Guevara, Case Planner. This matter was continued from the meetings of August 24, 2020 by a vote of 6:0 (Phan absent) and September 14, 2020 by a vote of 6:0 (Contreras-Leo absent). LOCATION: 1619, 1621 and 1623 East Edinger Avenue located in the Light Industrial (M1) zoning district. REQUEST: The applicant is requesting approval of the following land use entitlements: (1) a conditional use permit to allow the expansion of an existing medical clinic and (2) a variance to allow a reduction in the City’s required off-street parking standards by approximately 26 percent. 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 – Existing Facilities. A Notice of Exemption, Environmental Review No. 2019-110, will be filed for this project. RECOMMENDED ACTIONS: a) Adopt a Resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-17 AS CONDITIONED TO ALLOW THE EXPANSION OF AN EXISTING INDUSTRIAL MEDICAL CLINIC LOCATED AT 1619 EAST EDINGER AVENUE INTO TWO ADJACENT TENANT SPACES LOCATED AT 1621 AND 1623 EAST EDINGER AVENUE; and b) Adopt a Resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2020-03 AS CONDITIONED ALLOWING A REDUCTION IN REQUIRED OFF-STREET PARKING TO FACILITATE EXPANSION OF AN EXISTING INDUSTRIAL MEDICAL CLINIC LOCATED AT 1619, 1621 AND 1623 EAST EDINGER AVENUE. BUSINESS CALENDAR Individuals may comment on an agenda item in the following ways: (1) You may submit written comments by email to ecomments@santa-ana.org (reference ‘”Planning Commission Public Comment for Agenda Item #” in the subject line). The deadline to submit comments is 5:00 p.m. on the day of the meeting; or (2) You may join the Zoom Webinar directly at: https://us02web.zoom.us/j/315965149; or (3) You may comment by phone while the meeting is in progress by calling 669-900-9128. Enter Meeting ID: 315 965 149# when prompted. While the item that you would like to comment on is being discussed, dial *9 to let us know that you want to speak. After you are called upon, you must press *6 to unmute yourself. Please state your name, whether you are in support or opposition to an item and why. You will have 3 minutes to speak. PLANNING COMMISSION AGENDA September 28, 2020 2. DENSITY BONUS AGREEMENT APPLICATION NO. 2020-01, SITE PLAN REVIEW NO. 2020-01, SITE PLAN REVIEW NO. 2020-02, VARIANCE NO. 2020-05, AND TENTATIVE PARCEL MAP NO. 2020-02 - Selena Kelaher, Case Planner. LOCATION: 201 West Third Street located in the Transit Zoning Code (Specific Development No. 84), Downtown sub-zone zoning district REQUEST: The applicant is requesting approval of the following land use entitlements: (1) a density bonus agreement to allow for a density bonus with concessions and waivers, (2) a site plan review to allow a mixed-use development, (3) a site plan review to allow a hotel, (4) a variance to deviate from the off-street parking requirements for the hotel, and (5) a tentative parcel map to allow the subdivision of the property and airspace. In addition, the applicant is requesting approval and adoption of an addendum to the Environment Impact Report (EIR) for the Transit Zoning Code Project (SCH NO. 2006071100) and adoption of a mitigation monitoring and reporting program. RECOMMENDED ACTIONS: a) Adopt a Resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE TRANSIT ZONING CODE PROJECT (SCH NO. 2006071100) FOR VARIANCE NO. 2020-05 AND TENTATIVE PARCEL MAP NO. 2020-02 AND ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE THIRD AND BROADWAY MIXED-USE PROJECT LOCATED AT 201 WEST THIRD STREET; b) Adopt a Resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2020-05 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A TEN-STORY, 63,069 SQUARE-FOOT, 75 ROOM HOTEL WITH A 46-PERCENT REDUCTION IN REQUIRED OFF-STREET PARKING FOR THE HOTEL PROJECT LOCATED AT 201 WEST THIRD STREET; c) Adopt a Resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2020-02 AS CONDITIONED TO SUBDIVIDE AN EXISTING 1.41-ACRE PARCEL INTO TWO PARCELS AND CONDOMINIUM AIRSPACES FOR THE PROPERTY LOCATED AT 201 WEST THIRD STREET; d) Recommend that the City Council adopt a Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE TRANSIT ZONING CODE PROJECT (SCH NO. 2006071100) FOR SITE PLAN REVIEW NO. 2020-01, SITE PLAN REVIEW NO. 2020-02 AND DENSITY BONUS AGREEMENT NO. 2020-01 AND ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE THIRD AND BROADWAY MIXED-USE PROJECT LOCATED AT 201 WEST THIRD STREET; and e) Recommend that the City Council adopt a Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2020-01, SITE PLAN REVIEW NO. 2020-01, AND SITE PLAN REVIEW NO. 2020-02 AS PLANNING COMMISSION AGENDA September 28, 2020 CONDITIONED FOR A NEW MIXED-USE AND HOTEL DEVELOPMENT LOCATED AT 201 WEST THIRD STREET. ***END OF BUSINESS CALENDAR*** 3. REVIEW AND DISCUSS THE PROPOSED MIXED-USE DEVELOPMENT PROJECT LOCATED AT 409 AND 509 EAST FOURTH STREET – Vince Fregoso * * * END OF WORK STUDY CALENDAR * ** COMMENTS 4. STAFF COMMENTS 5. COMMISSION MEMBER COMMENTS ADJOURNMENT – The next regular meeting will be held via teleconference on Monday, October 12 at 5:30 p.m. WORK STUDY CALENDAR Individuals may comment on an agenda item in the following ways: (1) You may submit written comments by email to ecomments@santa-ana.org (reference ‘”Planning Commission Public Comment for Agenda Item #” in the subject line). The deadline to submit comments is 5:00 p.m. on the day of the meeting; or (2) You may join the Zoom Webinar directly at: https://us02web.zoom.us/j/315965149; or (3) You may comment by phone while the meeting is in progress by calling 669-900-9128. Enter Meeting ID: 315 965 149# when prompted. While the item that you would like to comment on is being discussed, dial *9 to let us know that you want to speak. After you are called upon, you must press *6 to unmute yourself. Please state your name, whether you are in support or opposition to an item and why. You will have 3 minutes to speak. Please note: No action will be taken on Work Study items. 1 PLANNING COMMISSION MINUTE September 14, 2020 ACTION MINUTES OF THE REGULAR METING OF THE SANTA ANA PLANNING COMMISSION SEPTEMBER 14, 2020 CALLED TO ORDER VIRTUAL MEETING CITY HALL, ROSS ANNEX 20 CIVIC CENTER PLAZA, ROOM 1600 SANTA ANA, CALIFORNIA 5:35 P.M. ATTENDANCE COMMISSIONERS Present: NORMA GARCIA MARK MCLOUGHLIN, Chair KENNETH NGUYEN THOMAS MORRISSEY V. THAI PHAN FELIX RIVERA COMMISSIONERS Absent: CYNTHIA CONTRERAS-LEO, Vice Chair PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director VINCE FREGOSO, Planning Manager LISA STORCK, Assistant City Attorney ALI PEZESHKPOUR, Senior Planner MELANIE MCCANN, Senior Planner SELENA KELAHER, Associate Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR ITEMS *All votes were taken by roll call A. MINUTES FROM THE AUGUST 24, 2020 REGULAR MEETING MOTION: Approve the minutes. MOTION: Nguyen SECOND: Rivera VOTE: AYES: Garcia, McLoughlin, Morrissey, Nguyen, Phan, Rivera (6) NOES: None (0) A - 1 2 PLANNING COMMISSION MINUTE September 14, 2020 ABSTAIN: None (0) ABSENT: Contreras-Leo (1) B. EXCUSED ABSENCES MOTION: Excuse absent commission members: Contreras-Leo MOTION: Nguyen SECOND: Rivera VOTE: AYES: Garcia, McLoughlin, Morrissey, Nguyen, Phan, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Contreras-Leo (1) BUSINESS CALENDAR PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2020-17 AND VARIANCE NO. 2020-03 – Jerry Guevara, Case Planner. This matter was continued from the meeting of August 24, 2020 by a vote of 6:0 (Phan absent). LOCATION: 1619, 1621 and 1623 East Edinger Avenue located in the Light Industrial (M1) zoning district REQUEST: The applicant is requesting approval of the following land use entitlements: (1) a conditional use permit to allow the expansion of an existing medical clinic and (2) a variance to allow a reduction in the City’s required off-street parking standards by approximately 26 percent. MOTION: Continue the matter until September 28, 2020 MOTION: Rivera SECOND: Nguyen VOTE: AYES: Garcia, McLoughlin, Morrissey, Nguyen, Phan, Rivera (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Contreras-Leo (1) A - 2 3 PLANNING COMMISSION MINUTE September 14, 2020 2. DRAFT ENVIRONMENTAL IMPACT REPORT NO. 2020-03 FOR THE UPDATE TO THE SANTA ANA GENERAL PLAN LOCATION: Citywide REQUEST: Conduct a Public Hearing to receive public comments on the Draft Environmental Impact Report and potential environmental impacts associated with the development project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15087(i). Planning Manager Fregoso provided a staff presentation. Recording Secretary provided a summary of written correspondence received. Chair McLoughlin opened the Public Hearing. The following individuals spoke on the matter: • Dale Helvig commented on that Master Plan, the housing element, and parkland. • Diane Fradkin commented on high density, COVID concerns, parkland, and population housing density alternatives. There were no other speakers and the Public Hearing was closed. Further discussion ensued regarding parkland, land acquisition, environmental impacts, quality of life for residents, Master Plan, and the process for updating the General Plan as needed to adjust for future changes. Executive Director Thai advised Commission that the public comment period for the Draft Environmental Impact Report will be extended until October 6, 2020. ***END OF BUSINESS CALENDAR*** WORK STUDY CALENDAR 2. DISCUSSION ON THE 2020 GENERAL PLAN ELEMENTS. Senior Planner McCann provided a presentation which included information on the following: • Purpose and Elements • Community Element • Circulation Element • Economic Prosperity Element • Public Services Element • Conservation Element • Open Space Element • Noise Element • Safety Element • Historic Preservation Element A - 3 2 PLANNING COMMISSION MINUTE September 14, 2020 • Urban Design Element • Next Steps • Virtual Community Workshops Commission discussion ensued regarding environmental justice, open space, historic resources, hazardous materials, conservation, air quality, open space/roof top space, job to housing ratio, local preservation efforts, flood safety, neighborhood development, LEED designs, and the safety element. 3. REVIEW AND DISCUSSION OF THE PROPOSED PROJECT LOCATED AT 201 WEST 3RD STREET. Commissioner Phan recused herself from discussing the matter due to a financial conflict of interest. Commissioner Morrissey recused himself from discussing the matter due to a personal relationship conflict of interest. Case Planner Kelaher provided a presentation which included information on the following: • Site Location • Site Photos • Background • Project Description • Site Plan • Cross Section • Public Parking • Rendering / Residential Amenities • Rendering /Hotel Amenities • Addendum • State Density Bonus Law • Hotel Parking and Variance • Tentative Parcel Map Commission discussion ensued regarding the architectural rendering and the project’s consistency with the existing general plan. The following individuals spoke on the matter: • Manny Escamilla spoke in support; commented on opportunities for Public Art. • Dale Helvig made a general comment. • Jonah Bresna opined that the City should not sell public land. • Mike Harrah, applicant, spoke in support; addressed comments made by the Commission. • Diane Fradkin commented on district centers, architectural design, building height, density, open space, and parking. • Tobin White, architect, spoke in support; addressed comments regarding architectural design. A - 4 2 PLANNING COMMISSION MINUTE September 14, 2020 **END OF WORK STUDY CALENDAR*** *Commissioner Phan rejoined the meeting at the conclusion of Item No. 3 COMMENTS 4. STAFF COMMENTS: None. 5. COMMISSION MEMBER COMMENTS: • Commissioner Rivera: Thanked staff. • Chair McLoughlin: Thanked staff. 8:15 P.M. – The next meeting will be on Monday, September 28, 2020 at 5:30 p.m. Sarah Bernal Recording Secretary A - 5 1 - 1 1 - 2 EXHIBIT 1 Resolution No. 2020-xx Page 1 of 7 LS 9.28.20 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. Edwin Mohabir, representing Concentra Health Services, Inc. (“Applicant”), is requesting approval of Conditional Use Permit (CUP) No. 2020-17 to allow the expansion of an existing 3,200-square industrial medical clinic located at 1619 East Edinger Avenue into two adjacent tenant spaces located at 1621 and 1623 East Edinger Avenue. The total floor area of the entire completed facility will be 9,600 square feet. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-472.5(j), industrial medical clinics within the Light Industrial (M1) zoning district require approval of a CUP. 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 August 24, 2020 and September 28, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2020-17. 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. 2020-17, for an industrial medical clinic, 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 expansion of an existing industrial medical clinic will provide a service to persons and families that are working or residing in the area. The clinic will provide a benefit to the community by providing needed services to the targeted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-17 AS CONDITIONED TO ALLOW THE EXPANSION OF AN EXISTING INDUSTRIAL MEDICAL CLINIC LOCATED AT 1619 EAST EDINGER AVENUE INTO TWO ADJACENT TENANT SPACES LOCATED AT 1621 AND 1623 EAST EDINGER AVENUE 1 - 3 Resolution No. 2020-xx Page 2 of 7 population. Concentra provides occupational health, physical therapy, and urgent cares services. 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 expansion of the existing industrial medical clinic will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The facility will be operated within an existing commercial and industrial building and the proposed expansion and its operations are compatible with nearby commercial and industrial uses. Impacts are not anticipated from the project. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The industrial medical clinic will not adversely affect the economic stability or future economic development of properties in the surrounding area. The proposed industrial medical clinic expansion will occupy a vacant tenant space which will help re-establish economic use of the property and help activate the industrial center. The project also includes exterior improvement investments that will improve the appearance and economic stability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 (Zoning) of the SAMC. As part of this application, the Applicant is proposing to conduct exterior and interior improvements to the site. The M1 zoning district allows for industrial medical clinics subject to a conditional use permit. The use is similar in nature to other uses that are permitted within the M1 zoning district. A condition of approval has been added to require front yard landscaping and a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The expanded industrial medical clinic will not adversely affect the General Plan. The project is located within the Industrial (IND) General Plan land use designation which plays a vital component to the city’s economic health. These areas provide 1 - 4 Resolution No. 2020-xx Page 3 of 7 employment opportunities for local residents, and generate municipal revenues for continued economic growth. Typical uses found in this district include light and heavy product manufacturing and assembly and commercial uses which are ancillary to industrial uses in the district. Approval of the CUP will be consistent with several goals and policies of the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services, and Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The proposed industrial medical clinic expansion will continue to allow Concentra to provide needed services to the City’s residents and workers. 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 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of the use. The existing 12,800-square foot building is within the M1 zone which allows for such use. The proposed industrial medical clinic does not involve an expansion in use since the building has been utilized by similar industrial medical clinic uses in the past. As a result, Categorical Exemption, Environmental Review No. 2019- 110 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. 1 - 5 Resolution No. 2020-xx Page 4 of 7 Section 4. Conditional Use Permit No. 2020-17 shall not be effective unless and until the Planning Commission reviews and approves Variance No. 2020-03. 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 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves CUP No. 2020-17, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1619, 1621 and 1623 East Edinger Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 24, 2020 and September 28, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of September, 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 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 September 28, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 1 - 6 Resolution No. 2020-xx Page 5 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2020-17 Conditional Use Permit No. 2020-17 for an industrial medical clinic use is approved subject to compliance, to the reasonable satisfaction of the Executive Director of the Planning and Building Agency, 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 following conditions of approval shall be met: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. 1. All proposed site improvements must conform to the Development Project Review (DP No. 2019-45) and the staff report exhibits are incorporated herein by reference. 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. Staff will review the project six months after the date of issuance of the certificate of occupancy to ensure no impacts are being generated to adjacent properties and that the condition of landscape and lighting improvements is in good order. Should staff identify site deficiencies or parking issues, the project will be rescheduled at the Applicant’s expense to allow the Planning Commission the opportunity to modify the conditions of approval as needed. 4. The operation of the industrial medical clinic is also subject to Variance No. 2020- 03, as conditioned. 5. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district’s landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. 6. Prior to the issuance of a Building Permit, the Applicant shall submit a photometric plan to the Planning and Building Agency and Police Department for review and approval. The photometric plan shall comply with Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). 7. Prior to the issuance of a Building Permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer/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 1 - 7 Resolution No. 2020-xx Page 6 of 7 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; adherence to approved project phasing etc.), if applicable; 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) if applicable; c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable; e. If Developer/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 cure a 1 - 8 Resolution No. 2020-xx Page 7 of 7 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. 1 - 9 EXHIBIT 2 Resolution No. 2020-xx Page 1 of 8 LS 9.28.20 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. Edwin Mohabir, representing Concentra Health Services, Inc. (“Applicant”), is requesting approval of Variance (VA) No. 2020-03 to allow a reduction in required off-street parking for an industrial medical clinic located at 1619, 1621 and 1623 East Edinger Avenue. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-1346, medical clinics are required to provide on-site parking at a rate of five spaces per 1,000 square feet of gross floor area. Based on this ratio, 54 parking spaces are required for the proposed industrial medical clinic and existing manufacturing use on-site. The Applicant is proposing to provide 40 parking spaces on-site, 26 percent less than the required on-site parking, therefore, requiring approval of a variance. C. Pursuant to SAMC 41-632, the Planning Commission is authorized to review and approve a variance for a reduction in off-street parking for the subject property and project as set forth by the SAMC. D. On August 24, 2020 and September 28, 2020, the Planning Commission held a duly noticed public hearing for VA No. 2020-03. 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 VA No. 2020-03, for a reduction in required off-street parking, have been established as required by SAMC section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2020-03 AS CONDITIONED ALLOWING A REDUCTION IN REQUIRED OFF- STREET PARKING TO FACILITATE EXPANSION OF AN EXISTING INDUSTRIAL MEDICAL CLINIC LOCATED AT 1619, 1621 AND 1623 EAST EDINGER AVENUE 1 - 10 Resolution No. 2020-xx Page 2 of 8 variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the existing conditions of the property. In 1969, the building and site improvements were constructed which included a 12,800- square foot building. In order to meet the City’s current off- street parking requirements for an industrial medical clinic, significant modifications to the building and site, such as demolishing portions of the building, would be required. Strict application of the off-street parking regulations would not allow the tenant to expand its operations and services to its customers. The parking analysis conducted by Overland Traffic Consultants, Inc., supports the intent of the code which is to provide sufficient off-street parking. The study indicates that there would be sufficient parking for the proposed use, therefore, no parking impacts to the nearby uses or properties will be created. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. Granting this variance will allow the property to continue and expand its use as an industrial medical clinic which will benefit the community at large. The use is compatible with surrounding land uses and will not be detrimental to the surrounding community. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. A parking analysis was conducted which concluded that a peak demand of 37 parking spaces would be needed for the combined land uses on-site. The peak demand has been determined to occur from 9:00 a.m. to 10:00 a.m., 12:00 p.m. to 2:00 p.m. and from 6:00 p.m. to 7:00 p.m. Based on the results of the parking analysis, a surplus of three (3) parking spaces will be provided on-site and the proposed 40 parking stalls are sufficient to meet the demand of both land uses. Furthermore, conditions of approval have been added to the variance which would mitigate, if there was any, impact to surrounding properties. 1 - 11 Resolution No. 2020-xx Page 3 of 8 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for a reduction in required off-street parking will not adversely affect the General Plan. The project is located within the Industrial (IND) General Plan land use designation which plays a vital component to the city’s economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic growth. Typical uses found in this district include light and heavy product manufacturing and assembly, and commercial uses which are ancillary to industrial uses in the district. Approval of the variance will be consistent with several goals and policies of the General Plan. The expanded industrial medical clinic will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services and Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The proposed industrial medical clinic expansion will continue to allow Concentra to provide needed services to the City’s residents and workers. 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 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of the use. The existing 12,800-square foot building is within the M1 zone which allows for such use. The proposed industrial medical clinic does not involve an expansion in use since the building has been utilized by similar industrial medical clinic uses in the past. As a result, Categorical Exemption, Environmental Review No. 2019- 110 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 1 - 12 Resolution No. 2020-xx Page 4 of 8 local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. Variance No. 2020-03 shall not be effective unless and until the Planning Commission reviews and approves Conditional Use Permit No. 2020-17. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 5. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves VA No. 2020-03 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 24, 2020 and September 28, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of September, 2020. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa E. Storck Assistant City Attorney 1 - 13 Resolution No. 2020-xx Page 5 of 8 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 September 28, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 1 - 14 Resolution No. 2020-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Variance No. 2020-03 Variance No. 2020-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the following conditions of approval shall be met: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. 1. All proposed site improvements must conform to the Development Project Review (DP No. 2019-45) and the staff report exhibits are incorporated herein by reference. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 3. Staff will review the project six months after the date of issuance of the certificate of occupancy to ensure no impacts are being generated to adjacent properties and that the condition of landscape and lighting improvements is in good order. Should staff identify site deficiencies and parking issues, the project will be rescheduled at the Applicant’s expense to allow the Planning Commission the opportunity to modify the conditions of approval as needed. 4. The operation of the industrial medical clinic is also subject to Conditional Use Permit No. 2020-17, as conditioned. 5. The maximum number of employees at a given time shall not exceed thirteen (13) individuals and 40 parking spaces shall be maintained on-site at all times. Should parking become an issue, patients shall be diverted by the occupant to a nearby facility as directed by the approved Parking Management Plan, attached hereto as Exhibit B. 6. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district’s landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. 7. Prior to the issuance of a Building Permit, the Applicant shall submit a photometric plan to the Planning and Building Agency and Police Department for review and approval. The photometric plan shall comply with Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). 8. 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 1 - 15 Resolution No. 2020-xx Page 7 of 8 and all improvements located thereupon are properly maintained, Developer/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; adherence to approved project phasing etc.), if applicable; 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) if applicable; c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable; e. If Developer/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 1 - 16 Resolution No. 2020-xx Page 8 of 8 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. 1 - 17 EXHIBIT 3 1 - 18 EXHIBIT 4 CUP No. 2020-17 & VA No. 2020-03 1619, 1621 & 1623 E. Edinger Avenue Exhibit D – Proposed Rendering 1 - 19 EXHIBIT 5 1 - 20 1619, 1621, & 1623 E. Edinger Av.2 April 2020 Parking Demand Study Executive Summary Overland Traffic Consultants, Inc. EXECUTIVE SUMMARY This report provides an evaluation of the parking demand for the proposed project at a site located at 1619, 1621, 1623 and 1625 East Edinger Avenue in the City of Santa Ana. The Project is located on the north side of East Edinger Avenue between South Lyon Street and Grand Avenue. There is a 12,800 square foot building existing on the site. The building is separated into four 3,200 square foot units. A permitted and occupied 3,200 industrial medical office is located within the 1619 East Edinger Avenue space of the building and a 3,200 square foot manufacturing business operates within 1625 East Edinger Avenue space of the building. The Project will:  Expand the existing industrial medical office by an additional 3,200 square feet in the 1621 East Edinger Avenue space; and  Provide entitlements for the associated 3,200 square feet of physical therapy space within the 1623 East Edinger Avenue portion of the building. Surface parking for the site is provided along the southern boundary of the site and along the east and north walls of the building. After modification for path of travel and trash enclosure, there will be a total of 40 shared parking spaces provided for the building. Vehicular access is provided from East Edinger Avenue with a driveway along the western boundary of the site that is shared with the neighboring uses. The focus of this parking demand study is to determine the City of Santa Ana code required parking and determine if the 40 parking spaces provided on-site are sufficient to accommodate the peak parking demand of the Project along with the existing uses. The City of Santa Ana code required vehicle parking is 54 spaces. Institute of Transportation Engineers parking demand for the land uses has been determined to be 40 spaces. Based on determined usage of the Project including employees and patients, it has been found that a peak parking demand of 37 parking spaces would be needed for the combined existing and project expansion uses. The peak demand has been determined to occur from 9 to 10 AM, Noon to 2 PM and from 6 to 7 PM. This peak demand would be accommodated on site with a surplus of 3 spaces. 1 - 21 1619, 1621, & 1623 E. Edinger Av.3 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. PARKING DEMAND STUDY DESCRIPTION The focus of the parking demand study is to document the City of Santa Ana code required parking for the mixed-use building located at 1619, 1621, 1623 and 1625 East Edinger Avenue and to determine the potential future peak parking demand of the building at full occupancy. Incorporated into this analysis is a goal to continue to provide sufficient on-site parking availability to accommodate the peak demand. The 12,800 square foot building at 1619, 1621, 1623 and 1625 is currently permitted and occupied by a 3,200 square foot industrial medical office and 3,200 square foot manufacturing use. The Project, if approved, will allow for a 3,200 square foot expansion of the industrial medical office and the permit additional, associated, 3,200 square feet of physical therapy offices. Upon completion the building will house 6,800 square feet of industrial medical office with associated physical therapy and 3,200 square feet of manufacturing. A copy of the site plan is provided in Attachment A Perpendicular parking spaces are provided along the southern boundary of the site and along the east and north walls of the building. A total of 40 on-site surface parking spaces are provided. Vehicular access is provided to/from East Edinger Avenue via a shared driveway. A channelized left turn pocket is provided on East Edinger Avenue. PARKING DEMAND ANALYSIS PROCESS The first step was to determine current City of Santa Ana code-parking requirement for the Project and the site as a whole. The vehicle parking requirement is 2 spaces per 1,000 square feet for the manufacturing (Section 41-1390) and 5 spaces per 1,000 square feet for the medical office (Section 41.1346). Parking demand for the site may be reduced by use of the transit opportunities, cycling and walking in the area. The employees and patrons on site have an opportunity to use of mass transit instead of personal vehicles. Figure 1 provides a map of the Orange County mass transit services in the area. 1 - 22 1619, 1621, & 1623 E. Edinger Av.4 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. Figure 1 Transit Services (Focused Orange County Transit Map) Parking demand for the building based on national standards of the Institute of Transportation Engineers Parking Demand Manual was then determined based on the individual land uses and size. Hourly parking demand for the building was then determined based on the individual land uses within the building including existing uses at code required parking rate (due to inability to collect accurate current demand) and for the Project based on operator input regarding estimated number of employees and hours and patient appointment rates and length of stay. The estimated parking demand in this study was not reduced by anticipated transit usage to provide a conservative estimate of demand. 1 - 23 1619, 1621, & 1623 E. Edinger Av.5 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. CITY OF SANTA ANA CODE PARKING REQUIREMENT FOR SITE City of Santa Ana parking requirements have been calculated by the applying Zoning Code parking rates (Section 41-1390 & (Section 41-1346) as provided below in Table 1: Table 1 City of Santa Ana Current Zoning Code Requirements Parking Code Parking Required Land Use Size Requirement Parking Existing Medical Office 3,200 sf 5 per 1,000 sf 16 Manufacturing 3,200 sf 2 per 1,000 sf 6 Subtotal Existing 6,400 sf 22 Proposed Medical Office Expansion 3,200 sf 5 per 1,000 sf 16 Physical Therapy 3,200 sf 5 per 1,000 sf 16 Subtotal Proposed 6,400 sf 32 Total Required 12,800 sf 54 There will be 40 parking spaces on-site with the Project. The building will have 14 fewer on-site parking spaces than would be required by City code. However, as provided in the following two sections, Institute of Transportation Engineers parking demand is within the limits of the parking supply and the proposed new uses operational parking demand for patients and employees hourly in addition to the existing use will be within the limits of the parking supply. INSTITUTE OF TRANSPORTATION ENGINEERS PARKING DEMAND The Institute of Transportation Engineers (ITE) publishes a Parking Demand Handbook that provides parking demand rates for many land uses. The demand in the handbook has been determined by collecting parking data at multiple sites throughout the day. Parking demand in the ITE Parking Demand Manual, 5th Edition for manufacturing is identified as 0.82 spaces per 1,000 square feet. Parking demand for medical clinics and medical/dental offices have also been evaluated in the manual. The average rate for a 1 - 24 1619, 1621, & 1623 E. Edinger Av.6 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. clinic is 3.89 spaces per 1,000 square feet with 12 sites studied. The average rate for a medical/dental office is 3.23 per 1,000 square feet with 117 sites studied. The ITE clinic rate was used in the estimate of the parking demand instead of medical/dental office because it is higher. The ITE based building’s parking demand is provided on the following in Table 2. Table 2 ITE Demand 85th Code Percentile Required Land Use Size Demand Parking Existing Medical Office 3,200 sf 3.89 per 1,000 sf 12 Manufacturing 3,200 sf 0.82 per 1,000 sf 3 Subtotal Existing 6,400 sf 15 Proposed Medical OfficeExpansion 3,200 sf 3.89 per 1,000 sf 12 Physical Therapy 3,200 sf 3.89 per 1,000 sf 12 Subtotal Proposed 6,400 sf 24 Total Required 12,800 sf 39 There will be 40 parking spaces on-site with the Project which exceeds the ITE estimated parking demand by one space. HOURLY PARKING DEMAND BASED ON OPERATIONAL USE Parking demand for the project and the building as a whole at 1619, 1621, 1623 and 1625 East Edinger Avenue has been determined based on current estimated demand with the Project land use demand added. Existing Demand The existing land uses include the 3,200 square foot industrial medical office and 3,200 square foot manufacturing use. Optimally, the building site would be surveyed to determine the existing uses demand within the parking lot. Unfortunately, this report has been initiated during the coronavirus business shutdowns and government stay put request. Parking demand counts during this time would not be representative of a typical 1 - 25 1619, 1621, & 1623 E. Edinger Av.7 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. day. Therefore, existing parking demand was estimated as the code required parking for these two land uses. As shown in Table 1, existing parking demand is estimated as 22 parking spaces. In order to provide a conservative analysis, parking demand for every hour was estimated as 22 even though the demand would likely be smaller during different times of the day. Project Demand The Project parking demand was based on operations determined for the proposed 3,200 square foot industrial medical office expansion and the associated 3,200 square foot physical therapy office. Existing operators of the industrial medical office and physical therapy indicated the following: Patients: 24 to 33 per day with 2 to 3 per hour Employees: 9 new employees The hours of operation are from 7 AM to 9 PM. As shown in Table 3 on the following page, the Project would create a parking demand of 11 to 15 parking spaces. When added to the existing parking demand for 22 spaces, the peak parking demand is 37 parking spaces. This peak occurs from 9 to 10 AM, noon to 2 PM and again in the evening from 6 to7 PM. The building will have 6 more on-site parking spaces than would be needed according to parking demand based on operational use of the Project. Figure 2 on page 8, displays the hourly parking demand and found in Table 3 of the patients, the employees, the patients + employees, the existing uses and the combined total. 1 - 26 1619, 1621, & 1623 E. Edinger Av.8April 2020Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. Table 3 SITE Parking Demand 40 Parking Spaces ProvidedAdditon + Physical Project ExistingTherapy (Project) Total Uses Combined ParkingPatients Employees Parking Parking Demand Supply Parking Time In Out Parked Parked Demand Demand Expansion + Existing Available Surplus6 to 7 AM 0 0 000 0040407 to 8 AM 2 0 2911 22334078 to 9 AM 3 0 5914 22364049to 10 AM3-26 915223740310 to11 AM 2 -3 5914 223640411 to Noon 3 -3 5914 223640412 to 1 PM3-26 91522374031to 2 PM3-36 91522374032 to 3 PM 2 -3 5914 22364043 to 4 PM 2 -3 4913 22354054 to 5 PM 2 -2 4913 22354055 to 6 PM 3 -2 5914 22364046to 7 PM3-26 91522374037 to 8 PM 2 -3 5914 22364048 to 9 PM 0 -3 2911 22334079 to 10 PM 0 -2 000 004040# of Patients 33 new patients per dayStay estimated 2 hours per patient max1 - 27 1619, 1621, & 1623 E. Edinger Av.9April 2020Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. Figure 2, Chart of Hourly Parking Demand1 - 28 1619, 1621, & 1623 E. Edinger Av.10 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. PARKING DEMAND FINDINGS & SUMMARY A demand parking analysis was conducted including the existing uses on site and the Project components including 40 parking spaces, 6,800 square feet of industrial medical office with associated physical therapy and 3,200 square feet of manufacturing.  The site does not have enough parking to meet City code requirements for 54 parking.  Enough parking is provided to meet estimated ITE Parking Demand of 39 spaces.  Hourly parking demand based on operational use at 1619, 1621, 1623 and 1625 East Edinger Avenue site is estimated as a maximum of 37 parking spaces from 9 to 10 AM, noon to 2 PM and again in the evening from 6 to7 PM.  Peak parking demand for the site with the expansion of 3,200 square foot industrial medical office and 3,200 square foot physical therapy medical office is met with 3 surplus parking spaces. PARKING MANAGEMENT PLAN Any potential increase in patient count will be diverted to one of our other clinics nearby. Two locations nearby include:  800 North Tustin Ave, Santa Ana, CA 92705 is located 3 miles away from the proposed facility.  3100 W. Warner Ave, Santa Ana CA 92704 located 5 miles away from the proposed facility. 1 - 29 Overland Traffic Consultants, Inc. Attachment A Proposed Project Site Plan 1 - 30 LEGEND020'40'10'5'SCALE:1"=10'PROJECT DATAProject Address:1619 E. Edinger Ave1621 E. Edinger Ave1623 E. Edinger AveAPN: 402-241-10Applicant:Edwin Mohabir (323)459-8809General Plan Land Use Designation Light IndustrialAllowable FAR ?Zoning M1Total Lot Area 33,839 square feet 0.78 ac.Existing medical office = 3200 square feetProposed medical expansion = 3200 square feetProposed Physical Therapy = 3200 square feetExisting Manufacturing = 3200 square feetParking Tabulation:Gross floor area for all medical use = 9600 square feetParking required 5 per 1000 s.f. = 48 stallsManufacturing 2 per 1000 s.f = 6.4 stallsTotal parking required = 54 stallsExisting parking = 38 stallsExisting ADA complying stalls = 2 stallsTotal provided = 40 stallsOccupancy Type:1619 E. Edinger Ave Group B Occupancy1621 E. Edinger Ave Group B Occupancy proposed1623 E. Edinger Ave Group B Occupancy proposed1625 E. Edinger Ave Group F1 OccupancyConstruction type Type VBExterior walls MasonryRoof Materials Panelized roof with wood beams and purlinsNon Sprinklered BuildingThere are no existing or proposed easements.There are no fence around the property.SHEET INDEX:A-1.0 CUP PLOT PLANA-1.1 SITE PLANA-1.2 PARKING CALCULATIONSA-1.3 AREA CALCULATIONSA-2.0 EXITING FLOOR PLANA-2.1 PROPOSED FLOOR PLANA-2.2 OCCUPANT LOAD AND EXITING PLANC-1 COVER SHEETC-2 UTILITY PLANL-1 PLANTING PLANL-2 IRRIGATION PLANL-3 DETAILSL-4 DETAILSL-5 DETAILSL-6 NOTES1" = 10'-0"EM24979 CONSTITUTION AVE. #1435SANTA CLARITA, CA 91381TEL: 323-459-8809EDWINMOHABIR@GMAIL.COM1619-1623 EDINGER AVE.SANTA ANA, CA 92705OWNER/ADDRESS:SCOPE:DATE: 04-22-20201" = 10'-0"DATE:04-22-202024979 CONSTITUTION AVE. #1435SANTA CLARITA, CA 91381TEL: 323-459-8809EDWINMOHABIR@GMAIL.COM1619-1623 EDINGER AVE.SANTA ANA, CA 92705OWNER/ADDRESS:SCOPE:SHEET NAME/NUMBER:NOTES/REVISIONS:ARCHITECTEMCHECKED BYEMPROJECT NO.1906DRAWN BYEMPROJECT DATA:TENANT IMPROVEMENTAND OFFICE EXPANSIONSCALEMCONTACT:LISA STEWARTCONSTRUCTION MANAGER(661)481-1851A-1.0CUP PLOT PLAN1 - 31 EXHIBIT 6 2-11 - 32 2-21 - 33 2-31 - 34 2-41 - 35 2-51 - 36 EXHIBIT 1 2-61 - 37 Resolution No. 2020-xx Page 1 of 6 LS 8.24.20 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. Edwin Mohabir, representing Concentra Health Services, Inc. (“Applicant”), is requesting approval of Conditional Use Permit (CUP) No. 2020-17 to allow the expansion of an existing 3,200-square industrial medical clinic located at 1619 East Edinger Avenue into two adjacent tenant spaces located at 1621 and 1623 East Edinger Avenue. The total floor area of the entire completed facility will be 9,600 square feet. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-472.5(j), industrial medical clinics within the Light Industrial (M1) zoning district require approval of a CUP. 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 August 24, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2020-17. 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. 2020-17, for an industrial medical clinic, 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 expansion of an existing industrial medical clinic will provide a service to persons and families that are working or residing in the area. The clinic will provide a benefit to the community by providing needed services to the targeted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-17 AS CONDITIONED TO ALLOW THE EXPANSION OF AN EXISTING INDUSTRIAL MEDICAL CLINIC LOCATED AT 1619 EAST EDINGER AVENUE INTO TWO ADJACENT TENANT SPACES LOCATED AT 1621 AND 1623 EAST EDINGER AVENUE 2-71 - 38 Resolution No. 2020-xx Page 2 of 6 population. Concentra provides occupational health, physical therapy, and urgent cares services. 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 expansion of the existing industrial medical clinic will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The facility will be operated within an existing commercial and industrial building and the proposed expansion and its operations are compatible with nearby commercial and industrial uses. Impacts are not anticipated from the project. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The industrial medical clinic will not adversely affect the economic stability or future economic development of properties in the surrounding area. The proposed industrial medical clinic expansion will occupy a vacant tenant space which will help re-establish economic use of the property and help activate the industrial center. The project also includes exterior improvement investments that will improve the appearance and economic stability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 (Zoning) of the SAMC. As part of this application, the Applicant is proposing to conduct exterior and interior improvements to the site. The M1 zoning district allows for industrial medical clinics subject to a conditional use permit. The use is similar in nature to other uses that are permitted within the M1 zoning district. A condition of approval has been added to require front yard landscaping and a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The expanded industrial medical clinic will not adversely affect the General Plan. The project is located within the Industrial (IND) General Plan land use designation which plays a vital 2-81 - 39 Resolution No. 2020-xx Page 3 of 6 component to the city’s economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic growth. Typical uses found in this district include light and heavy product manufacturing and assembly and commercial uses which are ancillary to industrial uses in the district. Approval of the CUP will be consistent with several goals and policies of the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services, and Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The proposed industrial medical clinic expansion will continue to allow Concentra to provide needed services to the City’s residents and workers. 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 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of the use. The existing 12,800-square foot building is within the M1 zone which allows for such use. The proposed industrial medical clinic does not involve an expansion in use since the building has been utilized by similar industrial medical clinic uses in the past. As a result, Categorical Exemption, Environmental Review No. 2019- 110 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. 2-91 - 40 Resolution No. 2020-xx Page 4 of 6 Section 4. Conditional Use Permit No. 2020-17 shall not be effective unless and until the Planning Commission reviews and approves Variance No. 2020-03. 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 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves CUP No. 2020-17, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1619, 1621 and 1623 East Edinger Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 24, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of August, 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 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 August 24, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 2-101 - 41 Resolution No. 2020-xx Page 5 of 6 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2020-17 Conditional Use Permit No. 2020-17 for an industrial medical clinic use is approved subject to compliance, to the reasonable satisfaction of the Executive Director of the Planning and Building Agency, 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 following conditions of approval shall be met: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. 1. All proposed site improvements must conform to the Development Project Review (DP No. 2019-45) and the staff report exhibits are incorporated herein by reference. 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. The operation of the industrial medical clinic is also subject to Variance No. 2020- 03, as conditioned. 4. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district’s landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. 5. Prior to the issuance of a Building Permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer/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; adherence to approved project phasing etc.), if applicable; 2-111 - 42 Resolution No. 2020-xx Page 6 of 6 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) if applicable; c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable; e. If Developer/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 cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 2-121 - 43 EXHIBIT 2 2-131 - 44 Resolution No. 2020-xx Page 1 of 7 LS 8.24.20 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. Edwin Mohabir, representing Concentra Health Services, Inc. (“Applicant”), is requesting approval of Variance (VA) No. 2020-03 to allow a reduction in required off-street parking for an industrial medical clinic located at 1619, 1621 and 1623 East Edinger Avenue. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-1346, medical clinics are required to provide on-site parking at a rate of five spaces per 1,000 square feet of gross floor area. Based on this ratio, 54 parking spaces are required for the proposed industrial medical clinic and existing manufacturing use on-site. The Applicant is proposing to provide 40 parking spaces on-site, 26 percent less than the required on-site parking, therefore, requiring approval of a variance. C. Pursuant to SAMC 41-632, the Planning Commission is authorized to review and approve a variance for a reduction in off-street parking for the subject property and project as set forth by the SAMC. D. On August 24, 2020, the Planning Commission held a duly noticed public hearing for VA No. 2020-03. 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 VA No. 2020-03, for a reduction in required off-street parking, have been established as required by SAMC section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2020-03 AS CONDITIONED ALLOWING A REDUCTION IN REQUIRED OFF- STREET PARKING TO FACILITATE EXPANSION OF AN EXISTING INDUSTRIAL MEDICAL CLINIC LOCATED AT 1619, 1621 AND 1623 EAST EDINGER AVENUE 2-141 - 45 Resolution No. 2020-xx Page 2 of 7 variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the existing conditions of the property. In 1969, the building and site improvements were constructed which included a 12,800-square foot building. In order to meet the City’s current off-street parking requirements for an industrial medical clinic, significant modifications to the building and site, such as demolishing portions of the building, would be required. Strict application of the off-street parking regulations would not allow the tenant to expand its operations and services to its customers. The parking analysis conducted by Overland Traffic Consultants, Inc., supports the intent of the code which is to provide sufficient off-street parking. The study indicates that there would be sufficient parking for the proposed use, therefore, no parking impacts to the nearby uses or properties will be created. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. Granting this variance will allow the property to continue and expand its use as an industrial medical clinic which will benefit the community at large. The use is compatible with surrounding land uses and will not be detrimental to the surrounding community. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. A parking analysis was conducted which concluded that a peak demand of 37 parking spaces would be needed for the combined land uses on-site. The peak demand has been determined to occur from 9:00 a.m. to 10:00 a.m., 12:00 p.m. to 2:00 p.m. and from 6:00 p.m. to 7:00 p.m. Based on the results of the parking analysis, a surplus of three (3) parking spaces will be provided on-site and the proposed 40 parking stalls are sufficient to meet the demand of both land uses. Furthermore, conditions of approval have been added to the variance which would mitigate, if there was any, impact to surrounding properties. 4. That the granting of a variance will not adversely affect the General Plan of the city. 2-151 - 46 Resolution No. 2020-xx Page 3 of 7 The variance for a reduction in required off-street parking will not adversely affect the General Plan. The project is located within the Industrial (IND) General Plan land use designation which plays a vital component to the city’s economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic growth. Typical uses found in this district include light and heavy product manufacturing and assembly, and commercial uses which are ancillary to industrial uses in the district. Approval of the variance will be consistent with several goals and policies of the General Plan. The expanded industrial medical clinic will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services and Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The proposed industrial medical clinic expansion will continue to allow Concentra to provide needed services to the City’s residents and workers. 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 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of the use. The existing 12,800-square foot building is within the M1 zone which allows for such use. The proposed industrial medical clinic does not involve an expansion in use since the building has been utilized by similar industrial medical clinic uses in the past. As a result, Categorical Exemption, Environmental Review No. 2019- 110 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 2-161 - 47 Resolution No. 2020-xx Page 4 of 7 court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. Variance No. 2020-03 shall not be effective unless and until the Planning Commission reviews and approves Conditional Use Permit No. 2020-17. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 5. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves VA No. 2020-03 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 24, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of August, 2020. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa E. Storck Assistant City Attorney 2-171 - 48 Resolution No. 2020-xx Page 5 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 24, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 2-181 - 49 Resolution No. 2020-xx Page 6 of 7 EXHIBIT A Conditions of Approval for Variance No. 2020-03 Variance No. 2020-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the following conditions of approval shall be met: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. 1. All proposed site improvements must conform to the Development Project Review (DP No. 2019-45) and the staff report exhibits are incorporated herein by reference. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 3. The operation of the industrial medical clinic is also subject to Conditional Use Permit No. 2020-17, as conditioned. 4. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district’s landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. 5. Prior to the issuance of a Building Permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer/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; adherence to approved project phasing etc.), if applicable; 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, 2-191 - 50 Resolution No. 2020-xx Page 7 of 7 enforcement of the parking management plan, and/or restrictions on certain uses) if applicable; c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable; e. If Developer/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 cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 2-201 - 51 EXHIBIT 3 2-211 - 52 CUP No. 2020-17 & VA No. 2020-031619, 1621 & 1623 E. Edinger Avenue Exhibit 3 - Vicinity Zoning & Aerial View © 2020 Digital Map Products. All rights reserved. 180 feet 2-221 - 53 EXHIBIT 4 2-231 - 54 CUP No. 2020-17 & VA No. 2020-03 1619, 1621 & 1623 E. Edinger Avenue Exhibit 4 – Site Photo 2-241 - 55 EXHIBIT 5 2-251 - 56 LEGENDPOT: ACCESSIBLE PATH OF TRAVEL ASINDICATED ON PLAN IS A BARRIER FREE ACCESSROUTE WITHOUT ANY ABRUPT LEVEL CHANGESEXCEEDING 1/2" IF BEVEL AT 1:2 MAX. SLOPE, ORVERTICAL LEVEL CHANGES NOT EXCEEDING 1/4"AND AT LEAST 48" IN WIDTH. THE SURFACE ISSTABLE, FIRM, AND SLIP RESISTANT. CROSSSLOPE DOES NOT EXCEED 2% AND SLOPE IN THEDIRECTION OF TRAVEL IS LESS THAN 5% SLOPE,UNLESS OTHERWISE INDICATED. LANDING ATDOORWAYS SHALL BE 2% MAX.020'40'10'5'SCALE:1"=10'PROJECT DATAProject Address:1619 E. Edinger Ave1621 E. Edinger Ave1623 E. Edinger AveAPN: 402-241-10Applicant:Edwin Mohabir (323)459-8809General Plan Land Use Designation Light IndustrialAllowable FAR ?Zoning M1Total Lot Area 33,839 square feet 0.78 ac.Existing medical office = 3200 square feetProposed medical expansion = 3200 square feetProposed Physical Therapy = 3200 square feetExisting Manufacturing = 3200 square feetParking Tabulation:Gross floor area for all medical use = 9600 square feetParking required 5 per 1000 s.f. = 48 stallsManufacturing 2 per 1000 s.f = 6.4 stallsTotal parking required= 54 stallsExisting parking= 38 stallsExisting ADA complying stalls = 2 stallsTotal provided= 40 stallsOccupancy Type:1619 E. Edinger Ave Group B Occupancy1621 E. Edinger Ave Group B Occupancy proposed1623 E. Edinger Ave Group B Occupancy proposed1625 E. Edinger Ave Group F1 OccupancyConstruction type Type VBExterior walls MasonryRoof Materials Panelized roof with wood beams and purlinsNon Sprinklered BuildingBuilding Height= 15 ft.Allowable Buiilding Height = 40 ft. per CBC Tbl. 504.3There are no existing or proposed easements.There are no fence around the property.APPLICABLE CODES:2019 California Building Code (CBC)2019 California Residential Code (CRC)2019 California Mechanical Code2019 California Plumbing Code2019 California Electrical Code2019 California Energy Code2019 California Green Standards Code (CALGreen)Santa Ana Municipal Code (SAMC)USHEET INDEX:A-1.0A-1.01A-1.1A-1.2A-1.3A-2.0A-2.1A-2.2C-1C-2L-1L-2L-3L-4L-5L-6CUP PLOT PLANDEVELOPMENT REVIEW APPROVAL SITE PLANPARKING CALCULATIONSAREA CALCULATIONSEXITING FLOOR PLANPROPOSED FLOOR PLAN OCCUPANT LOAD AND EXITING PLANCOVER SHEET SITE GRADING PLANPLANTING PLAN IRRIGATION PLAN DETAILS DETAILS DETAILSNOTESGROSS FLOOR AREA = 3200 S.F(E)USE INDUSTRIALGROSS FLOOR AREA = 3200 S.F(E)LAB TO BE CONVERTEDGROSS FLOOR AREA = 3200 S.F(E)MANUFACTURING(E)8" THICK MASONRY WALL EQUIVALENT TO 3 HOUR FIREWALL PARKING REQUIRED:5 PER 1000 S.F = 3.2X5 = 16 CARSPARKING REQUIRED:5 PER 1000 S.F = 3.2X5 = 16 CARSPARKING REQUIRED:2PER 1000 S.F = 3.2X2 = 6.4 = 6 STALLSMEDICAL OFFICEGROSS FLOOR AREA = 3200 S.F(E)VACANT TO BE CONVERTEDPARKING REQUIRED:5 PER 1000 S.F = 3.2X5 = 16 CARSTO INDUSTRIAL MEDICAL OFFICEP16P25P1NOPARKINGTO PHYSICAL THERAPYP32P15P4P5GROSS FLOOR AREA = 3200 S.F(E)USE INDUSTRIALPARKING REQUIRED:5 PER 1000 S.F = 3.2X5 = 16 CARSMEDICAL OFFICE18'-0"12'-0"5'-0"9'-0"23'-0" 5'-0"8'-6"P2P3P6P7P8P9P10P11P12P13P14P17P19P18P20P21P22P23P24P26P27P28P29P30P31P33P35P36P37P38P39P40P345'-0"5'-11"TRASH/RECY18'-0"8'-6"1" = 10'-0"EME D W I N M O H A B I RA R C H I T E C T, I N C.24979 CONSTITUTION AVE. #1435SANTA CLARITA, CA 91381TEL: 323-459-8809EDWINMOHABIR@GMAIL.COM1619-1623 EDINGER AVE.SANTA ANA, CA 92705OWNER/ADDRESS:SCOPE:DATE:07-14-2020SHEET NAME/NUMBER:NOTES/REVISIONS:ARCHITECTEMCHECKED BYEMPROJECT NO.1906DRAWN BYEMPROJECT DATA:TENANT IMPROVEMENTAND OFFICE EXPANSIONSCALEMCONTACT:LISA STEWARTCONSTRUCTION MANAGER(661)481-1851A-1.0CUP PLOT PLAN2-261 - 57 EXHIBIT 6 2-271 - 58 FS1619 EAST EDINGER1623 EAST EDINGER1621 EAST EDINGERAA-2.25D-1.51D-1.5EXISTING WALL TO REMAINPROPOSED PLAN LEGENDEXISTING STRUCTURAL CONCRETE WALL TO REMAIN INTACTEXISTING NON STRUCTURAL MASONRY WALLEXISTING DOOR AND FRAME TO REMAINNEW WALL SEE DETAIL 3 / SHEET D-1.5NEW DOOR4A-4.1TYP6A-4.11A-4.31A-4.13A-4.31A-4.21A-4.05D-1.5TYP1D-1.5TYP1D-1.5TYP3D-1.5TYPEXIST. 3'-0" WIDE EXIT DOOR W/ LEVER HARDWAREOPENABLE WITHOUT THE USE OF A KEY OR ANY SPECIALKNOWLEDGE OR EFFORT.EXIST. 3'-0" WIDE DOOR TO REMAINDOOR & FRAME SCHEDULEDOORFRAMEHARDWAREFIRE RATING & ETC.NO.SIZETYPEMAT.COREFINISHGLASSTYPEMAT.FINISHLEGENDALANODIZED ALUMINUMHMHOLLOW METALPREPRE-FINISHEDWWOODBBBALL BEARING BOLTSININSULATEDPTPAINTWSWEATHERSTRIPPINGCCHAINLPRSLEVER PRIVACY SETSCSOLID COREEEXISTING DOOR TO REMAINCLCLOSERLSLOCK SETSTSTAINDBDEAD BOLTNRPNON REMOVABLE PINSTSTOPGLGLAZINGPBPANIC BARTHALUMINUM THRESHOLD236"x84"x1-3/4"AWSCPL-HMALLPRS, CL,BREAK ROOM/RESTROOMS-PLPLASTIC LAMINATE136"x84"x1-3/4"AWPL-HMALLS, CLOFFICE/EXAM/TREATMENT/CONFERENCE/STORAGE-SCNOTE:SINGLE INTERIOR DOOR: 3'-0" X 8'-0" X 1 34" SOLID COOR, PLASTIC LAMINATE DOOR.PLASTIC LAMINATE TO BE:FORMICA #6208-1X GLAMOUR CHERRY (LUXE FINISH)., TO MATCH EXISTING.SINGLE RATED INTERIOR DOOR: 3'-0" X 6'-8" X 1 34" 20 MIN RATING. BUILDING STANDARD DOOR.SINGLE INTERIOR DOOR: 3'-0" X 8'-0" X 1 34" SOLID COOR, PLASTIC LAMINATE DOOR W/ INTRAGAL FRAMED SIDELIGHT (MAX WIDTH)1.ALL DOORS TO BE UNDERCUT TO CLEAR FINISH COVERHANG AND/OR THRESHOLD BY 14" UNLESS OTHERWISE NOTED.2.ALL DOOR FRAMES TO BE; "WESTERN INTEGRATED" 1 12" PROFILE. CLEAR ANODIZED ALUMINUM FINISH.3.PROVIDE FLOOR DOOR STOPS: IVES DOME STOP. (OR EQ)336"x84"x1-3/4"AWPLTHMALPB, CLHALLWAY-SCTTEMPERED436"x84"x1-3/4"AHMPL-HMALPB, MAGNETIC HOLD OPEN90 MIN FIRE RATED-HMTYPE AINTERIORINTERIORPROPOSED FLOOR PLANSCALE: 1/8" = 1'-0"EME D W I N M O H A B I RA R C H I T E C T, I N C.24979 CONSTITUTION AVE. #1435SANTA CLARITA, CA 91381TEL: 323-459-8809EDWINMOHABIR@GMAIL.COM1619-1623 EDINGER AVE.SANTA ANA, CA 92705OWNER/ADDRESS:SCOPE:DATE:07-14-2020SHEET NAME/NUMBER:NOTES/REVISIONS:ARCHITECTEMCHECKED BYEMPROJECT NO.1906DRAWN BYEMPROJECT DATA:TENANT IMPROVEMENTAND OFFICE EXPANSIONSCALEMCONTACT:LISA STEWARTCONSTRUCTION MANAGER(661)481-1851A-2.1PROPOSEDFLOOR PLAN AND1/8" = 1'-0"DOOR SCHEDULEINTERIOR THRESHOLD DETAILSCALE: N.T.S.EXTERIOR THRESHOLD DETAILSCALE: N.T.S.DOOR SCHEDULE2-281 - 59 EXHIBIT 7 2-291 - 60 EXHIBIT 8 2-311 - 62 2-321 - 63 1619, 1621, & 1623 E. Edinger Av.2 April 2020 Parking Demand Study Executive Summary Overland Traffic Consultants, Inc. EXECUTIVE SUMMARY This report provides an evaluation of the parking demand for the proposed project at a site located at 1619, 1621, 1623 and 1625 East Edinger Avenue in the City of Santa Ana. The Project is located on the north side of East Edinger Avenue between South Lyon Street and Grand Avenue. There is a 12,800 square foot building existing on the site. The building is separated into four 3,200 square foot units. A permitted and occupied 3,200 industrial medical office is located within the 1619 East Edinger Avenue space of the building and a 3,200 square foot manufacturing business operates within 1625 East Edinger Avenue space of the building. The Project will:  Expand the existing industrial medical office by an additional 3,200 square feet in the 1621 East Edinger Avenue space; and  Provide entitlements for the associated 3,200 square feet of physical therapy space within the 1623 East Edinger Avenue portion of the building. Surface parking for the site is provided along the southern boundary of the site and along the east and north walls of the building. After modification for path of travel and trash enclosure, there will be a total of 40 shared parking spaces provided for the building. Vehicular access is provided from East Edinger Avenue with a driveway along the western boundary of the site that is shared with the neighboring uses. The focus of this parking demand study is to determine the City of Santa Ana code required parking and determine if the 40 parking spaces provided on-site are sufficient to accommodate the peak parking demand of the Project along with the existing uses. The City of Santa Ana code required vehicle parking is 54 spaces. Institute of Transportation Engineers parking demand for the land uses has been determined to be 40 spaces. Based on determined usage of the Project including employees and patients, it has been found that a peak parking demand of 37 parking spaces would be needed for the combined existing and project expansion uses. The peak demand has been determined to occur from 9 to 10 AM, Noon to 2 PM and from 6 to 7 PM. This peak demand would be accommodated on site with a surplus of 3 spaces. 2-331 - 64 1619, 1621, & 1623 E. Edinger Av.3 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. PARKING DEMAND STUDY DESCRIPTION The focus of the parking demand study is to document the City of Santa Ana code required parking for the mixed-use building located at 1619, 1621, 1623 and 1625 East Edinger Avenue and to determine the potential future peak parking demand of the building at full occupancy. Incorporated into this analysis is a goal to continue to provide sufficient on-site parking availability to accommodate the peak demand. The 12,800 square foot building at 1619, 1621, 1623 and 1625 is currently permitted and occupied by a 3,200 square foot industrial medical office and 3,200 square foot manufacturing use. The Project, if approved, will allow for a 3,200 square foot expansion of the industrial medical office and the permit additional, associated, 3,200 square feet of physical therapy offices. Upon completion the building will house 6,800 square feet of industrial medical office with associated physical therapy and 3,200 square feet of manufacturing. A copy of the site plan is provided in Attachment A Perpendicular parking spaces are provided along the southern boundary of the site and along the east and north walls of the building. A total of 40 on-site surface parking spaces are provided. Vehicular access is provided to/from East Edinger Avenue via a shared driveway. A channelized left turn pocket is provided on East Edinger Avenue. PARKING DEMAND ANALYSIS PROCESS The first step was to determine current City of Santa Ana code-parking requirement for the Project and the site as a whole. The vehicle parking requirement is 2 spaces per 1,000 square feet for the manufacturing (Section 41-1390) and 5 spaces per 1,000 square feet for the medical office (Section 41.1346). Parking demand for the site may be reduced by use of the transit opportunities, cycling and walking in the area. The employees and patrons on site have an opportunity to use of mass transit instead of personal vehicles. Figure 1 provides a map of the Orange County mass transit services in the area. 2-341 - 65 1619, 1621, & 1623 E. Edinger Av.4 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. Figure 1 Transit Services (Focused Orange County Transit Map) Parking demand for the building based on national standards of the Institute of Transportation Engineers Parking Demand Manual was then determined based on the individual land uses and size. Hourly parking demand for the building was then determined based on the individual land uses within the building including existing uses at code required parking rate (due to inability to collect accurate current demand) and for the Project based on operator input regarding estimated number of employees and hours and patient appointment rates and length of stay. The estimated parking demand in this study was not reduced by anticipated transit usage to provide a conservative estimate of demand. 2-351 - 66 1619, 1621, & 1623 E. Edinger Av.5 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. CITY OF SANTA ANA CODE PARKING REQUIREMENT FOR SITE City of Santa Ana parking requirements have been calculated by the applying Zoning Code parking rates (Section 41-1390 & (Section 41-1346) as provided below in Table 1: Table 1 City of Santa Ana Current Zoning Code Requirements Parking Code Parking Required Land Use Size Requirement Parking Existing Medical Office 3,200 sf 5 per 1,000 sf 16 Manufacturing 3,200 sf 2 per 1,000 sf 6 Subtotal Existing 6,400 sf 22 Proposed Medical Office Expansion 3,200 sf 5 per 1,000 sf 16 Physical Therapy 3,200 sf 5 per 1,000 sf 16 Subtotal Proposed 6,400 sf 32 Total Required 12,800 sf 54 There will be 40 parking spaces on-site with the Project. The building will have 14 fewer on-site parking spaces than would be required by City code. However, as provided in the following two sections, Institute of Transportation Engineers parking demand is within the limits of the parking supply and the proposed new uses operational parking demand for patients and employees hourly in addition to the existing use will be within the limits of the parking supply. INSTITUTE OF TRANSPORTATION ENGINEERS PARKING DEMAND The Institute of Transportation Engineers (ITE) publishes a Parking Demand Handbook that provides parking demand rates for many land uses. The demand in the handbook has been determined by collecting parking data at multiple sites throughout the day. Parking demand in the ITE Parking Demand Manual, 5th Edition for manufacturing is identified as 0.82 spaces per 1,000 square feet. Parking demand for medical clinics and medical/dental offices have also been evaluated in the manual. The average rate for a 2-361 - 67 1619, 1621, & 1623 E. Edinger Av.6 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. clinic is 3.89 spaces per 1,000 square feet with 12 sites studied. The average rate for a medical/dental office is 3.23 per 1,000 square feet with 117 sites studied. The ITE clinic rate was used in the estimate of the parking demand instead of medical/dental office because it is higher. The ITE based building’s parking demand is provided on the following in Table 2. Table 2 ITE Demand 85th Code Percentile Required Land Use Size Demand Parking Existing Medical Office 3,200 sf 3.89 per 1,000 sf 12 Manufacturing 3,200 sf 0.82 per 1,000 sf 3 Subtotal Existing 6,400 sf 15 Proposed Medical OfficeExpansion 3,200 sf 3.89 per 1,000 sf 12 Physical Therapy 3,200 sf 3.89 per 1,000 sf 12 Subtotal Proposed 6,400 sf 24 Total Required 12,800 sf 39 There will be 40 parking spaces on-site with the Project which exceeds the ITE estimated parking demand by one space. HOURLY PARKING DEMAND BASED ON OPERATIONAL USE Parking demand for the project and the building as a whole at 1619, 1621, 1623 and 1625 East Edinger Avenue has been determined based on current estimated demand with the Project land use demand added. Existing Demand The existing land uses include the 3,200 square foot industrial medical office and 3,200 square foot manufacturing use. Optimally, the building site would be surveyed to determine the existing uses demand within the parking lot. Unfortunately, this report has been initiated during the coronavirus business shutdowns and government stay put request. Parking demand counts during this time would not be representative of a typical 2-371 - 68 1619, 1621, & 1623 E. Edinger Av.7 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. day. Therefore, existing parking demand was estimated as the code required parking for these two land uses. As shown in Table 1, existing parking demand is estimated as 22 parking spaces. In order to provide a conservative analysis, parking demand for every hour was estimated as 22 even though the demand would likely be smaller during different times of the day. Project Demand The Project parking demand was based on operations determined for the proposed 3,200 square foot industrial medical office expansion and the associated 3,200 square foot physical therapy office. Existing operators of the industrial medical office and physical therapy indicated the following: Patients: 24 to 33 per day with 2 to 3 per hour Employees: 9 new employees The hours of operation are from 7 AM to 9 PM. As shown in Table 3 on the following page, the Project would create a parking demand of 11 to 15 parking spaces. When added to the existing parking demand for 22 spaces, the peak parking demand is 37 parking spaces. This peak occurs from 9 to 10 AM, noon to 2 PM and again in the evening from 6 to7 PM. The building will have 6 more on-site parking spaces than would be needed according to parking demand based on operational use of the Project. Figure 2 on page 8, displays the hourly parking demand and found in Table 3 of the patients, the employees, the patients + employees, the existing uses and the combined total. 2-381 - 69 1619, 1621, & 1623 E. Edinger Av.8April 2020Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. Table 3 SITE Parking Demand 40 Parking Spaces ProvidedAdditon + Physical Project ExistingTherapy (Project) Total Uses Combined ParkingPatients Employees Parking Parking Demand Supply Parking Time In Out Parked Parked Demand Demand Expansion + Existing Available Surplus6 to 7 AM 0 0 000 0040407 to 8 AM 2 0 2911 22334078 to 9 AM 3 0 5914 22364049to 10 AM3-26 915223740310 to11 AM 2 -3 5914 223640411 to Noon 3 -3 5914 223640412 to 1 PM3-26 91522374031to 2 PM3-36 91522374032 to 3 PM 2 -3 5914 22364043 to 4 PM 2 -3 4913 22354054 to 5 PM 2 -2 4913 22354055 to 6 PM 3 -2 5914 22364046to 7 PM3-26 91522374037 to 8 PM 2 -3 5914 22364048 to 9 PM 0 -3 2911 22334079 to 10 PM 0 -2 000 004040# of Patients 33 new patients per dayStay estimated 2 hours per patient max2-391 - 70 1619, 1621, & 1623 E. Edinger Av.9April 2020Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. Figure 2, Chart of Hourly Parking Demand2-401 - 71 1619, 1621, & 1623 E. Edinger Av.10 April 2020 Parking Demand Study Parking Demand Overland Traffic Consultants, Inc. PARKING DEMAND FINDINGS & SUMMARY A demand parking analysis was conducted including the existing uses on site and the Project components including 40 parking spaces, 6,800 square feet of industrial medical office with associated physical therapy and 3,200 square feet of manufacturing.  The site does not have enough parking to meet City code requirements for 54 parking.  Enough parking is provided to meet estimated ITE Parking Demand of 40 spaces.  Hourly parking demand based on operational use at 1619, 1621, 1623 and 1625 East Edinger Avenue site is estimated as a maximum of 37 parking spaces from 9 to 10 AM, noon to 2 PM and again in the evening from 6 to7 PM.  Peak parking demand for the site with the expansion of 3,200 square foot industrial medical office and 3,200 square foot physical therapy medical office is met with 3 surplus parking spaces. 2-411 - 72 Overland Traffic Consultants, Inc. Attachment A Proposed Project Site Plan 2-421 - 73 LEGEND020'40'10'5'SCALE:1"=10'PROJECT DATAProject Address:1619 E. Edinger Ave1621 E. Edinger Ave1623 E. Edinger AveAPN: 402-241-10Applicant:Edwin Mohabir (323)459-8809General Plan Land Use Designation Light IndustrialAllowable FAR ?Zoning M1Total Lot Area 33,839 square feet 0.78 ac.Existing medical office = 3200 square feetProposed medical expansion = 3200 square feetProposed Physical Therapy = 3200 square feetExisting Manufacturing = 3200 square feetParking Tabulation:Gross floor area for all medical use = 9600 square feetParking required 5 per 1000 s.f. = 48 stallsManufacturing 2 per 1000 s.f = 6.4 stallsTotal parking required = 54 stallsExisting parking = 38 stallsExisting ADA complying stalls = 2 stallsTotal provided = 40 stallsOccupancy Type:1619 E. Edinger Ave Group B Occupancy1621 E. Edinger Ave Group B Occupancy proposed1623 E. Edinger Ave Group B Occupancy proposed1625 E. Edinger Ave Group F1 OccupancyConstruction type Type VBExterior walls MasonryRoof Materials Panelized roof with wood beams and purlinsNon Sprinklered BuildingThere are no existing or proposed easements.There are no fence around the property.SHEET INDEX:A-1.0 CUP PLOT PLANA-1.1 SITE PLANA-1.2 PARKING CALCULATIONSA-1.3 AREA CALCULATIONSA-2.0 EXITING FLOOR PLANA-2.1 PROPOSED FLOOR PLANA-2.2 OCCUPANT LOAD AND EXITING PLANC-1 COVER SHEETC-2 UTILITY PLANL-1 PLANTING PLANL-2 IRRIGATION PLANL-3 DETAILSL-4 DETAILSL-5 DETAILSL-6 NOTES1" = 10'-0"EM24979 CONSTITUTION AVE. #1435SANTA CLARITA, CA 91381TEL: 323-459-8809EDWINMOHABIR@GMAIL.COM1619-1623 EDINGER AVE.SANTA ANA, CA 92705OWNER/ADDRESS:SCOPE:DATE: 04-22-20201" = 10'-0"DATE:04-22-202024979 CONSTITUTION AVE. #1435SANTA CLARITA, CA 91381TEL: 323-459-8809EDWINMOHABIR@GMAIL.COM1619-1623 EDINGER AVE.SANTA ANA, CA 92705OWNER/ADDRESS:SCOPE:SHEET NAME/NUMBER:NOTES/REVISIONS:ARCHITECTEMCHECKED BYEMPROJECT NO.1906DRAWN BYEMPROJECT DATA:TENANT IMPROVEMENTAND OFFICE EXPANSIONSCALEMCONTACT:LISA STEWARTCONSTRUCTION MANAGER(661)481-1851A-1.0CUP PLOT PLAN2-431 - 74 4th and Mortimer Mixed -Use Development 409 AND 509 EAST FOURTH STREET SEPTEMBER 28, 2020 PLANNING COMMISSION WORK STUDY 13 -1 Project Location & Zoning •General Plan: Site A –District Center (DC) Site B –Urban Neighborhood (UN) •Zoning: Transit Zoning Code (SD-84) Site A –Downtown (DT) zone Site B –Urban Neighborhood (UN-2) zone •Surrounded by commercial, and single and multi-family residential to the north, south and east •Surrounded by commercial and City parking garage to the west 2 Site A Site B 3 -2 3Site Photos 3 -3 4Site Photos 3 -4 Project Description 5 •169 residential units (99 on Site A; 70 on Site B) o21 studios (12.5%) o38 one-bedroom (22.5%) o66 two-bedroom (39%) o9 three-bedroom (5%) o35 four-bedroom units (21%) •11,361 sq. ft. of commercial •Onsite amenities (roof deck, courtyard, pool, landscaping, etc.) •422 parking spaces (2.3 spaces per unit) 3 -5 Transit Zoning Code SD-84A and SD-84B 6 Existing Zoning Proposed Zoning Site B Site B Site A Site A 3 -6 Site Plan 73 -7 8Conceptual Landscape Plan3 -8 9 Site A Elevations 3 -9 Site A Elevations 103 -10 11 Site B Elevations 3 -11 12 Site B Elevations 3 -12 13Renderings3 -13 14Renderings3 -14 15Renderings3 -15 Project Requirements 16 •Addendum to the Environmental Impact Report (EIR) for the Transit Zoning Code and adoption of a mitigation monitoring and reporting program •Site Plan Review for a mixed-use development over four stories in height •Variance for an increase in the allowable building size and massing for Site B •Zone change for Site B from SD No. 84/Urban Neighborhood 2 (UN-2) sub-zone to Urban Center (UC) sub-zone 3 -16 Project Next Steps 17 •October 12th –Planning Commission Public Hearing oConsideration of Addendum, Site Plan Review and Variance •November 17th –City Council Public Hearing (Tentative) oConsideration of Addendum and Amendment Application 3 -17 Questions? 183 -18