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HomeMy WebLinkAboutItem 17 - Appeal No. 2023-06 appealing Planning Commission denial of modification to CUP No. 2019-41 and CUP No. 2023-03 – New Service Station at 2230 N TustinPlanning and Building Agency www.santa-ana.org/planning-and-building Item # {{item. number}} z, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 City Council Staff Report October 3, 2023 Topic: Appeal No. 2023-06 appealing Planning Commission denial of modification to CUP No. 2019-41 and CUP No. 2023-03 — New Service Station at 2230 N Tustin Avenue AGENDA TITLE Appeal Application No. 2023-06 Appealing the Decision of the Planning Commission to Deny Modification to Conditional Use Permit (CUP) No. 2019-41 and CUP No. 2023-03 for a New Service Station at 2230 N. Tustin Avenue RECOMMENDED ACTION After conducting its public hearing on the item, the City Council may take one of the following three actions: 1. Adopt a resolution denying Appeal Application No. 2023-06 and upholding the determination of the Planning Commission to deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03. OR 2. Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 as conditioned. OR 3. Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 with modified conditions of approval. GOVERNMENT CODE 484308 APPLIES: Yes EXECUTIVE SUMMARY Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of a Conditional Use Permit (CUP) modification and a new CUP to facilitate construction of a new service station and convenience store located at 2230 N. Tustin Avenue. The applicant is requesting a CUP Modification pursuant to Section 41-424.5 (f) of the Santa Ana Municipal Code (SAMC) to allow a service station in the Arterial Commercial (C5) zoning district and a Conditional Use Permit pursuant to Section 41-199.4 (a) to allow the operation of a land use that requires a permit from a regional, state, or federal agency to handle, store, emit, or discharge regulated compounds, materials, chemicals, or substances located within 500 linear feet of a public park, school (K-12) or property Appeal No. 2023-06, Modification to CUP No. 2019-41 & CUP No. 2023-03 — Tustin Avenue Service Station October 3, 2023 Page 2 zoned for residential purposes. This request was made prior to recent the zoning ordinance amendments (Noxious Use ordinance), which increased the CUP separation requirement of noxious uses from sensitive receptors from 500 feet to 1,000 feet, adopted by Ordinance No. NS-3044. Prior Planning Commission Action At its regular meeting on June 26, 2023, the Planning Commission received a report and staff presentation, as well as public comments, on the subject CUP applications. Following staff's presentation, the Planning Commission took comments from the public, including the applicant's legal counsel, on the proposed project. The Commission voted 5:2 (Ayes: Commissioners Escamilla, Oliva, Woo, Pham, Ramos; Noes: Leo, Benninger) to adopt a resolution denying modification to CUP No. 2019-41 and CUP No. 2023-03. Appeal Applications On July 6, 2023, appellant Michael Ayaz, on behalf Fred Cohen with CJC Design, Inc. and Farz, Inc. (Applicants), filed Appeal No. 2023-06, pertaining to the Planning Commission's denial of the modification to CUP No. 2019-41 and CUP No. 2023-03. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, or modify the original decision, and may make any additional determination it shall consider appropriate within the limitations imposed by the SAMC. DISCUSSION Project Description The applicant is proposing to construct a new single -story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880-square-foot fueling canopy with six fueling stations. The site will provide five parking stalls, one handicap parking stall, and twelve fueling parking stalls for a total of eighteen off-street parking spaces, exceeding the required off-street parking spaces by one space. To facilitate access onto the site, an easement has been recorded on an adjacent property to authorize reciprocal vehicle access from Tustin Avenue. Moreover, a new driveway is proposed on the northern portion of the property, adjacent to the Santa Clara Avenue frontage. This driveway will be located within 150 feet from the intersection of Santa Clara and Tustin avenues (Exhibit 5). The street frontage along Tustin Avenue has been designed in anticipation of a ten -foot dedication to the City to allow for future street improvements along Tustin Avenue. The landscaped area along both street frontages (Tustin and Santa Clara avenues) will meet the minimum 15-foot requirement. The convenience store will operate between the hours of 5:00 a.m. and 12:00 a.m. (midnight) seven days per week. Should the business owner propose to offer additional hours of service for the convenience store, approval of a separate afterhours conditional use permit will be required. The architecture of the building has been designed to complement the adjacent shopping center to the south. The architecture, earth tone colors, cement plaster finishes, stone Appeal No. 2023-06, Modification to CUP No. 2019-41 & CUP No. 2023-03 — Tustin Avenue Service Station October 3, 2023 Page 3 veneer, and the Spanish style flat roof blends closely with other buildings seen along the Tustin Avenue corridor (Exhibit 4). Table 2 provides a detailed comparison of the project's compliance with the applicable development standards. Table 1: Protect Location and Information Item Information Project Address & Council Ward 2230 N. Tustin Avenue — Ward 3 Nearest Intersection Tustin Avenue and Santa Clara Avenue General Plan Designation General Commercial GC Zoning Designation Arterial Commercial C5 Surrounding Land Uses North Commercial (retail) East South West Commercial childcare facility) Property Size 22,240 SF 0.51 acres Existing Site Development The site is currently an undeveloped 22,240 SF vacant lot. Use Permissions Allowed with approval of a CUP Zoning Code Sections Affected Uses I Section 41-424.5 f Operational Standards I Section 41-431 Table 2: Development Standards Standards Required by SAMC Provided Front Yard 15 Feet Minimum Complies, 15 feet provided Side Yard (exterior) 15 Feet Minimum Complies, 15 feet provided Side Yard (interior) 0 Feet Minimum Complies, 0 feet provided Rear Yard 0 Feet Minimum Complies, 0 feet provided Landscape Area 15 Feet Minimum Complies: 15 feet provided Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies, 22,240 sq. ft. and 290 feet Building Height 35 Feet Minimum Complies, 24 feet and 6 inches Parking 17 18 Floor Area Ratio (FAR) 0.5 FAR Maximum Complies 0.23 FAR Driveways No entry way or exit way shall be located within 150 feet of any intersection corner radius Does not comply; driveway within 115 feet of the intersection corner radius variance required) Project Background The property has been vacant and unimproved for several decades. In 1996, a new service station proposal was submitted to the City but the site was not ultimately developed and remained vacant. A new multi -tenant commercial building was approved for construction in 2007, but the project was never constructed due to economic factors stemming from a subsequent economic recession. On May 26, 2020, the Planning Commission held a public hearing for a proposal of a new service station and associated retail store on the subject site. The Planning Commission approved CUP No. 2019-41 and Variance No. 2019-05 to allow the operation of a service station in the C5 Appeal No. 2023-06, Modification to CUP No. 2019-41 & CUP No. 2023-03 — Tustin Avenue Service Station October 3, 2023 Page 4 zoning district and to allow the construction of a driveway within 150 feet of an intersection, respectively. Following the Planning Commission's original approval, the applicant submitted a request to modify the approved project, which necessitated filing of a CUP modification application, as well as the now -required noxious uses CUP application. For a complete analysis of the project and of the facts substantiating staff's recommendation of approval to the Planning Commission, please see Exhibit 9. Planning Commission Determination Supporting Denial CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The following sections discuss the applicant's request and the Planning Commission's issues of concerns that led to their decision to deny the project. Modification to Existing Conditional Use Permit for Service Station Use The applicant is requesting approval of a CUP to allow the operation of a service station. The C5 zoning district allows for a range of commercial uses complementary to arterial roadways such as Tustin Avenue. Service stations in the C5 zoning district require approval of a CUP to ensure high -quality design and site planning that will not disrupt circulation and development patterns along such arterial roadways. The CUP also provides a means to ensure high -quality operations, site circulation, and to mitigate impacts on sensitive neighboring uses. Additionally, the SAMC requires specific standards for service stations, which are listed under Section 41-374. The proposed site plan relocates the location of the approved fuel canopy from the southwestern end of the site to the northeastern end of the site near the intersection of Tustin Avenue and Santa Clara Street. The relocation of the fuel canopy increases the buffer between the project site and the adjacent school use to the west. The convenience store is proposed to be relocated from the northeastern end of the property to the south western end, adjacent to the western side property line. However, the proposed location of the service station adjacent to a child care facility will contain several negative impacts onto the surrounding community which the redesign of the site does not address. The Planning Commission found that the applicant's request for a CUP modification to allow a service station and convenience store will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The location of the proposed service station is within the vicinity of an existing child care facility and a residential neighborhood. The proposed use will introduce potential health impacts to occupants and owners of surrounding properties, including staff and children of the adjacent child care facility. Moreover, the established use of a service station will adversely affect the present economic stability or future economic development of Appeal No. 2023-06, Modification to CUP No. 2019-41 & CUP No. 2023-03 — Tustin Avenue Service Station October 3, 2023 Page 5 properties surrounding the area as the use will contribute to an increase of traffic in the area and negatively affect business operations of the adjacent child care facility. Conditional Use Permit for Noxious Uses In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City has adopted environmental justice policies and actions in its General Plan to amend use regulations and development standards. On December 20, 2022, the City Council adopted an Urgency Ordinance establishing Section 41-199.4 of the SAMC to require a conditional use permit for certain land uses of an industrial nature near sensitive land uses. Pursuant to Section 41-199.4(a), land uses requiring a permit from a regional, state, or federal permit to handle, store, emit, or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residences are subject to approval of a CUP, which has since been amended to specify applicability to noxious uses within 1,000 feet of these sensitive land uses. The Planning Commission discussed the need for the applicant to include studies or additional information to help evaluate the potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment, air quality assessment, or noise study should have been provided with the application. The Commission also found that the applicant's request for a CUP for a noxious use will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The location of the proposed service station adjacent to a child care facility and residential neighborhood will negatively impact the future health of persons residing and working in the vicinity. Additionally, the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The existence of a service station near a child care facility, including secondary impacts resulting from fueling operations, fuel deliveries, and convenience store deliveries, will create noise and vibration impacts on surrounding properties, including the adjacent child care facility. General Plan Consistency In its decision to deny the requested applications, the Planning Commission found that approval of this application will not be consistent with the goals of the General Plan, specifically Goals 1 and 2 of the Land Use Element, Goal 4 of the Mobility Element, Goal 1 of the Conservation Element, and Goal 2 of the Safety Element. The project is located within the General Commercial (GC) land use designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods. The approval of modification to CUP No. 2019-41 and CUP No. 2023- 03 fails to support several policies contained in the General Plan. Goal 1 of the Land Appeal No. 2023-06, Modification to CUP No. 2019-41 & CUP No. 2023-03 — Tustin Avenue Service Station October 3, 2023 Page 6 Use Element ("LU") encourages a land use plan that improves quality of life and respects our existing community. Policy 1.1 supports the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed project land use is not compatible with the surrounding community. Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana's diverse needs. Policy 2.2 of the Land Use Element encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. The proposed project is located near four other service stations within a half -mile area and will contribute to an overconcentration of the service stations in the area. Policy 2.7 of the Land Use Element supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. The proposed project will contribute negatively to a neighboring existing business. Policy 3.7 of the Land Use Element promotes a clean, safe, and creative environment for Santa Ana's residents, workers, and visitors. The proposed project may also contribute to the increase in presence of the unhoused population in the area and near a child care facility and residences. Goal 4 of the Mobility Element ("M") coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Policy 4.9 of the M supports the utilization of land use, building, site planning, and technology solutions to mitigate exposure to transportation - related air pollution, especially in environmental justice focus areas. The proposed project will contribute negatively to the increase in vehicular traffic in the area. Goal 1 of the Conservation Element ("CN") supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. The proposed project will not improve local air quality as the regular operations of a service station are associated with the management of hazardous substances. Policy 1.5 of the Conservation Element encourages the study of impacts of stationary and non -stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks as well as developing and adopting new regulations avoiding the siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. The proposed project does not minimize health and safety risks that can contribute to increased pollution near sensitive receptors. As stated earlier, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment or air quality assessment were not provided with the application. Goal 2 of the Safety Element ("S") supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. Policy 2.6 of the Safety Element supports the determination of the presence Appeal No. 2023-06, Modification to CUP No. 2019-41 & CUP No. 2023-03 — Tustin Avenue Service Station October 3, 2023 Page 7 of hazardous materials and/or waste contamination prior to approval of new uses and require appropriate measures be taken to protect the health and safety of site users and the community. The proposed project will not take appropriate measures to protect the health and safety of the surrounding community. The project, including the proposed reconfiguration of the site, fails to contribute to a stronger protection of local air quality, minimizes environmental impacts associated with the business, and will be detrimental to the existing community. Appeal Applications Pursuant to Section 41-645 an appeal from a decision of the Planning Commission can be made by an interested party, individual, or group. An appeal application was received appealing the Planning Commission's decision to deny modification to CUP No. 2019-41 and CUP No. 2023-03. The appellant is requesting that the City Council overturn the Planning Commission's decision and approve modification to CUP No. 2019-41 and CUP No. 2023-03 based on nine factors. These include concerns related to how the Planning Commission public hearing was conducted, General Plan consistency, and concerns regarding State law violations; these nine factors were provided without the benefit of evidence. As it relates to the concerns about the public hearing process, the Planning Commission held a duly -noticed public hearing on the item in accordance with all SAMC and State requirements, after which it denied the CUP. The Planning Commission agenda packet prepared for the project contained all necessary information for the Planning Commission to evaluate the applicant's request. The agenda packet is provided as Exhibit 9. A copy of the submitted appeal application is provided as Exhibit 6 attached to this report, and a full response to the nine claims made in Appeal No. 2023-03 is provided as Exhibit 8 attached to this report. Recommendations to City Council The City Council has the option to consider any one of the recommended actions presented in the Recommended Actions section of this staff report. The information and analysis contained in this report reflect the Planning Commission's discussions, concerns, and findings leading to their decision to deny the requested entitlements. Action No. 1 would uphold the denial as determined by the Planning Commission. The draft denial resolution supporting this action has been included herein as Exhibit 1 a. Staff's original analysis of the project led to a recommendation to approve the requested entitlements based on the factors presented in the June 26, 2023 Planning Commission staff report (Exhibit 9). This recommendation was based on multiple factors, including the project's redesign to buffer sensitive land uses from the proposed service station's fuel pumps, site plan enhancements, and because the project would lead to development of a long -vacant parcel at a key intersection of the City. These factors were also taken into account when the Planning Commission voted to approve the Appeal No. 2023-06, Modification to CUP No. 2019-41 & CUP No. 2023-03 — Tustin Avenue Service Station October 3, 2023 Page 8 project's original entitlements on May 26, 2020. As an option for consideration, the City Council may approve the applicant's appeal and overturn the Planning Commission's June 26, 2023 decision to deny the project, based on the analysis presented in the June 26, 2023 staff report (Exhibit 9). Action No. 2 would result in approval of the project as originally conditioned by staff. The findings supporting this Action are as contained in the draft resolution included herein as Exhibit 1 b. Alternatively, the City Council may approve the project as originally recommended by staff, also based on the on the analysis presented in the June 26, 2023 staff report, but with modified conditions as determined to be appropriate by the City Council. By following this alternative, Action No. 3, the City Council would find that the project satisfies all five findings of fact enumerated in the draft resolution included herein as Exhibit 1 c. Public Notification and Community Outreach Public notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1000-foot notification radius map, and the site posting are provided in Exhibit 10. The property is located within the Meredith Parkwood Neighborhood Association. Staff contacted the representatives of this Neighborhood Association by email and by phone in advance of the City Council hearing on the appeal application. At the time of this report's printing, no additional concerns were identified. During the Planning Commission hearing, several community concerns were discussed in regards to toxic fume impacts, traffic impacts, unintended loitering and concern with an increase in the presence of the unhoused population within the area. Moreover, in advance of the Planning Commission hearing, a total of 20 written comments were submitted and are attached to Exhibit 9, the Planning Commission agenda packet for the project. ENVIRONMENTAL IMPACT Denial of Appeal No. 2023-06, Action No. 1, would result in upholding the Planning Commission's June 26, 2023 denial of the requested entitlements, thereby resulting in no project. Therefore, there is no environmental impact associated with Action No. 1. Approval of Appeal No. 2023-06, thereby resulting in approval of modification to CUP No. 2019-41 and approval of CUP No. 2023-03, Action No(s). 2 or 3, would result in approval of the project entitlements. Therefore, approval of the requested entitlements is subject to the requirements of environmental review by the California Environmental Quality Act (CEQA). In the original analysis based on staff's recommendation of approval, staff found that pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Appeal No. 2023-06, Modification to CUP No. 2019-41 & CUP No. 2023-03 — Tustin Avenue Service Station October 3, 2023 Page 9 Structures). This exemption applies to the construction of small structures, which, in urbanized areas, applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site's location does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project if it is approved by the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1 a. Appeal No. 2023-06, Modification to Conditional Use Permit No. 2019-41, and Conditional Use Permit No. 2023-03 Resolution of Denial 1 b. Appeal No. 2023-06, Modification to Conditional Use Permit No. 2019-41, and Conditional Use Permit No. 2023-03 Resolution of Approval as conditioned 1 c. Appeal No. 2023-06, Modification to Conditional Use Permit No. 2019-41, and Conditional Use Permit No. 2023-03 Resolution of Approval with modified conditions of approval 2. Vicinity Zoning & Aerial Map 3. Site Photos 4. Architectural Plans 5. Previously -Approved Site Plan 6. Appeal Application 7. Planning Commission Resolution No. 2023-2320 (Denial Resolution) 8. City Response to Blake & Ayaz on behalf of Fred Cohen and Farz Inc. LLC 9. Planning Commission Agenda Packet with Public Comments 10. Copy of Public Notices Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023- 06 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO DENY A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND TO DENY CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of modification to Conditional Use Permit (CUP) No. 2019-41 to facilitate the construction of a new service station and convenience store located at 2230 North Tustin Avenue. B. Applicant is also requesting approval of Conditional Use Permit (CUP) No. 2023-03, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k- 12) or residential zones in the Arterial Commercial (C5) zoning district at 2230 North Tustin Avenue. C. Santa Ana Municipal Code (SAMC) Section 41-424.5(f) requires approval of a CUP for service stations within the Arterial Commercial (C5) zoning district. D. SAMC Section 41-199.4(a) requires a conditional use permit for any use that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances that is located within 500 linear feet of a public park, school (K- Resolution No. 2023-XXX Page 1 of 7 12) as defined in section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes. E. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site. F. On December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones to obtain a CUP (Ordinance No. NS-3038). G. On June 20, 2023, the City Council adopted an ordinance amending various sections of Chapter 41 (Zoning) of the SAMC, which include Section 41- 199.4 Noxious uses, to expand the distance measured from subject properties to the closest point of any public park, school, or property used or zoned for residential purposes from 500 linear feet to 1,000 (Ordinance No. NS-3044). H. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single -story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations. Based on the date on the application, the project is subject to Ordinance No. NS-3038 and subject to a 500 linear foot separation requirement instead of 1,000 linear feet. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve both CUPs for this project as set forth by the SAMC. J. On June 26, 2023, the Planning Commission held a duly noticed public hearing for modification to CUP No. 2019-41 and CUP No. 2023-03. K. At the public hearing, the Planning Commission received a report and staff presentation, as well as public comments, for modification to CUP No. 2019- 41 and CUP No. 2023-03. During the public hearing, representatives of the adjacent property at 2112 East Santa Clara Avenue, as well as community members consisting of residents, representatives and parents of children attending the neighboring child-care facility, spoke in opposition of the project. The comments in opposition were regarding concerns about the potential environmental and operational impacts of the new service station on the surrounding area. L. After receiving a staff presentation and public comments regarding the changes to the project, the Planning Commission voted to adopt a resolution denying modification to CUP No. 2019 and CUP No. 2023-03, providing two findings for denial pursuant to SAMC Section 41-638. The proposed motion Resolution No. 2023-XXX Page 2 of 7 passed with five votes in favor and two against (Ayes: Commissioners Escamilla, Oliva, Woo, Pham, Ramos, Noes: Leo, Benninger). M. On July 6, 2023, Michael Ayaz (Appellant) on behalf of Farz, Inc. & Fred Cohen (Applicant), filed Appeal (APPL) No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the SAMC. To support the City's recommendation to deny the appeal applications and uphold the Planning Commission's denial of modification to CUP No. 2019-41 and CUP No. 2023-03, the City prepared a response to the comments contained within both appeals, attached to the Request for Council Action (RFCA) staff report, dated October 3, 2023, contained within the report and attached thereto as Exhibit 8. N. Staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission on the consent calendar of the regularly scheduled August 28, 2023 meeting to affirm the action to deny the subject applications, which took place on June 26, 2023. O. On October 3, 2023, the City Council held a duly -noticed public hearing on Appeal No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03. P. The City Council determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Sections 41-638 and 41-645, cannot be established for modification to CUP No. 2019-41 to allow the construction of a new service station and CUP No. 2023-03 to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k-12), or residential zone, at 2230 North Tustin Avenue in the C5 zoning district: 1. That the proposed use will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed project will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The location of the proposed service station is within the vicinity of an existing child-care facility and a residential neighborhood. The proposed use will introduce potential health impacts to occupants and owners of surrounding properties, including staff and children of the adjacent child care facility. As part of the proposal, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical Resolution No. 2023-XXX Page 3 of 7 2 studies such as a health risk assessment, air quality assessment, or noise study were not provided with the application. These findings support several goals and policies outlined in the General Plan. Goal 1 of the Conservation Element ("CN") supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. The proposed project will not improve local air quality as the regular operations of a service station are associated with the management of hazardous substances. Policy 1.5 of the Conservation Element encourages the study of impacts of stationary and non -stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks as well as developing and adopting new regulations avoiding the siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. The proposed project does not minimize health and safety risks that can contribute to increased pollution near sensitive receptors. As stated earlier, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment or air quality assessment were not provided with the application. Goal 2 of the Safety Element ("S") supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. Policy 2.6 of the Safety Element supports the determination of the presence of hazardous materials and/or waste contamination prior to approval of new uses and require appropriate measures be taken to protect the health and safety of site users and the community. The proposed project will not take appropriate measures to protect the health and safety of the surrounding community. The project, including the proposed reconfiguration of the site, fails to contribute to a stronger protection of local air quality, minimizes environmental impacts associated with the business, and will be detrimental to the existing community. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The service station will adversely affect the economic stability or future economic development of properties in the Resolution No. 2023-XXX Page 4 of 7 surrounding area. The existence of a service station near a child-care facility, including secondary impacts resulting from fueling operations, fuel deliveries, and convenience store deliveries, will create noise and vibration impacts on surrounding properties, including the adjacent child care facility therefore negatively impacting business operations of the adjacent properties. These findings support several goals and policies outlined in the General Plan. Goal 1 of the Land Use Element ("LU") encourages a land use plan that improves quality of life and respects our existing community. Policy 1.1 supports the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed project land use is not compatible with the surrounding community. Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana's diverse needs. Policy 2.2 of the Land Use Element encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. The proposed project is located near four other service stations within a half -mile area and will contribute to an overconcentration of the service stations in the area. Policy 2.7 of the Land Use Element supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. The proposed project will contribute negatively to a neighboring existing business. Policy 3.7 of the Land Use Element promotes a clean, safe, and creative environment for Santa Ana's residents, workers, and visitors. The proposed project may also contribute to the increase in presence of the unhoused population in the area and near a child care facility as well as residences. Goal 4 of the Mobility Element ("M") coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Policy 4.9 of the Mobility Element supports the utilization of land use, building, site planning, and technology solutions to mitigate exposure to transportation -related air pollution, especially in environmental justice focus areas. The proposed project will contribute to the increase in vehicular traffic in the area and negatively affect the surrounding businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, this project is exempt from further review under Section 15061(b)(4) of the CEQA Guidelines, as the City Council has denied modification to CUP No. 2019-41 and CUP No. 2023-03. Resolution No. 2023-XXX Page 5 of 7 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, 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 the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4, The City Council of the City of Santa Ana hereby upholds the determination of the Planning Commission and denies modification to CUP No. 2019-41, denies CUP No. 2023-03, and denies APPL No. 2023-06. ADOPTED this 3rd day of October 2023 by the following vote. NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney am Jose Montoya Assistant City Attorney Valerie Amezcua Mayor Resolution No. 2023-XXX Page 6 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on October 3, 2023. Date: Jennifer L. Hall City Clerk Resolution No. 2023-XXX Page 7 of 7 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of modification to Conditional Use Permit (CUP) No. 2019-41 to facilitate the construction of a new service station and convenience store located at 2230 North Tustin Avenue. B. Applicant is also requesting approval of Conditional Use Permit (CUP) No. 2023-03, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k- 12) or residential zones in the Arterial Commercial (C5) zoning district at 2230 North Tustin Avenue. C. Santa Ana Municipal Code (SAMC) Section 41-424.5(f) requires approval of a CUP for service stations within the Arterial Commercial (C5) zoning district. D. SAMC Section 41-199.4(a) requires a conditional use permit for any use that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances that is located within 500 linear feet of a public park, school (K- Resolution No. 2023-XXX Page 1 of 15 12) as defined in section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes. E. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site. F. On December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones to obtain a CUP (Ordinance No. NS-3038). G. On June 20, 2023, the City Council adopted an ordinance amending various sections of Chapter 41 (Zoning) of the SAMC, which include Section 41- 199.4 Noxious uses, to expand the distance measured from subject properties to the closest point of any public park, school, or property used or zoned for residential purposes from 500 linear feet to 1,000 (Ordinance No. NS-3044). However, as the requested application was submitted prior to this ordinance taking effect, the project is subject to the original 500-foot distance. H. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single -story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations. I. 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. J. On June 26, 2023, the Planning Commission held a duly noticed public hearing for CUP No. 2019-41-MOD-1 and CUP No. 2023-03. K. At the public hearing, the Planning Commission received a report and staff presentation, as well as public comments, for modification to CUP No. 2019- 41 and CUP No. 2023-03. During the public hearing, representatives of the adjacent property at 2112 East Santa Clara Avenue, as well as community members consisting of residents, representatives and parents of children attending the neighboring child-care facility, spoke in opposition of the project. The comments in opposition were regarding concerns about the potential environmental and operational impacts of the new service station on the surrounding area. L. After receiving a staff presentation and public comments regarding the changes to the project, the Planning Commission voted to adopt a resolution denying modification to CUP No. 2019 and CUP No. 2023-03, providing two findings for denial pursuant to SAMC Section 41-638. The proposed motion Resolution No. 2023-XXX Page 2 of 15 passed with five votes in favor and two against (Ayes: Commissioners Escamilla, Oliva, Woo, Pham, Ramos, Noes: Leo, Benninger). M. On July 6, 2023, Michael Ayaz (Appellant) on behalf of Farz, Inc. & Fred Cohen (Applicant), filed Appeal (APPL) No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the SAMC. To support the City's recommendation to deny the appeal applications and uphold the Planning Commission's denial of modification to CUP No. 2019-41 and CUP No. 2023-03, the City prepared a response to the comments contained within both appeals, attached to the Request for Council Action (RFCA) staff report, dated October 3, 2023, contained within the report and attached thereto as Exhibit 8. N. Staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission on the consent calendar of the regularly scheduled August 28, 2023 meeting to affirm the action to deny the subject applications, which took place on June 26, 2023. O. On October 3, 2023, the City Council held a duly -noticed public hearing on Appeal No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03. P. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant a modification to CUP No. 2019-41 to allow the construction of a new service station and CUP No. 2023-03 to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k-12), or residential zone, at 2230 North Tustin Avenue in the C5 zoning district: 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 service station and convenience store will provide a service to persons that are working or residing in the area. The project will redevelop a vacant lot with a new building and enhanced landscaping, which will contribute to the overall aesthetics of the area. This will benefit the community by allowing the construction of an additional service use and retail building on a vacant lot that will provide additional conveniences for residents, visitors, and employees in the vicinity. For context, the two nearest service stations in Santa Ana are located approximately 0.45-miles to the north (Fairhaven and Tustin Resolution No. 2023-XXX Page 3 of 15 avenues) and approximately 0.45-miles to the south (Tustin Avenue and 17t" Street). A third service station is located in the City of Tustin, adjacent to the State Route 55 freeway, approximately 0.58-miles to the southeast. 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 site plan has been designed to not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Moreover, the use has been comprehensively evaluated pursuant to the City's zoning ordinance and its noxious uses ordinance, and conditions of approval have been placed to ensure that the use limits impacts related to the following: toxic or noxious fumes; hazardous discharges; glare; electromagnetic disturbances; radiation; smoke; cinders; odors; dust or waste; undue noise or vibration; or other objectionable features that are detrimental to the public health, safety or general welfare, or that are damaging to the physical environment, neighborhood or community. The site will propose high -quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the surrounding area. The fueling canopy is proposed along the northeastern end of the site to distance it from sensitive land uses to the west, reducing the impacts from the standard sources of emissions at service stations (i.e., service station infrastructure and vehicles visiting service stations). Additionally, the location of the convenience store adjacent to the western property acts as a physical barrier between nearby sensitive land uses and the fueling canopy. The closest residential land use is approximately 120 feet to the west of the site. Therefore, the recurring and predictable sources of emissions would be limited. Additionally, the service station will utilize the latest technology in full compliance with State laws designed to ensure safe operations of the service station and minimization of emissions of fumes. Conditions of approval has been placed to ensure a reduction in loading and breathing emissions, due fuel tanker truck deliveries and due to excess pressure released from the gas station vent pipe in the form of gasoline vapor emissions. In addition, the applicant through conditions of approval will be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment. Resolution No. 2023-XXX Page 4 of 15 Due to the site's location near sensitive land uses such as the adjacent child care facility and residential zones, additional conditions of approval have been included to mitigate any effects from vehicle idling, outdoor displays, onsite lighting, noise, vehicle maintenance, and the installation of temporary equipment. The service station will meet all emissions and air - quality requirements set by the California Air Resources Board (CARB). In addition, the site will propose high -quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the surrounding area. Finally, the Applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts on the sensitive residential land uses. This includes both the fuel pumps and the convenience store. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The service station will not adversely affect the economic stability or future economic development of properties in the surrounding area. The service station will replace an existing vacant lot and contribute to the existing local economy by providing a commercial service to residents and visitors, as well as generate added sales tax revenue for the City. As detailed in Finding No. 2 in this Resolution, the use has been designed and conditions of approval have been added to the Conditional Use Permit to ensure the project operates in a manner that eliminates impacts onto surrounding properties and sensitive receptors. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property, which will ensure that the property and all improvements are properly maintained. Additionally, the development will also meet sustainability measures pursuant to the California Green Code, such as providing solar photovoltaic panels on the roof and electric vehicle charging stations. 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. Resolution No. 2023-XXX Page 5 of 15 The granting of CUP No. 2019-41-MOD-1 and CUP No. 2023- 03 supports and is consistent with several goals and policies contained in the General Plan. Specifically, the application would be consistent with Goals 2, 3, 4 of the Land Use Element ("LU"); Goals 1 and 3 of the Economic Prosperity Element ("EU"); Goal 4 of the Mobility Element ("M"); Goal 1 of the Conservation Element ("CN"); and Goal 2 of the Safety Element ("S"). The project is located within the General Commercial (GC) land use designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods. Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana's diverse needs. The project contributes to Goal 2 of the Land Use Element by providing additional services to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by improving the circulation throughout. Goal 3 encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. The proposed improvements address Goal 3 of the Land Use Element by preserving the character of the existing commercial area. The scale and massing of the addition is proposed to be compatible and will maintain the current architectural style, which includes an earth tone color palette, stone veneer, smooth stucco finishes, canopies and trim. The project provides a harmonious development and keeps all four corners of the intersection harmonious aesthetically, promoting a clean and safe environment. Goal 4 supports a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. The proposed project supports Goal 4 of the Land Use by supporting a sustainable community by ensuring the project has been designed and conditioned to minimize impacts onto surrounding properties. The project will support sustainable improvements to the built environment and encourage land use strategies that reduce the operation impacts of the commercial site. The reconfiguration of the site will additionally contribute to improved living conditions and a Resolution No. 2023-XXX Page 6 of 15 healthier environment for the surrounding area by developing the site in a responsible manner. Goal 1 of the Economic Prosperity Element promotes the fostering of a dynamic local economy that provides and create employment opportunities for all residents in the City while Goal 3 of the Economic Prosperity Element encourages a business - friendly environment where businesses thrive and build on Santa Ana's strengths and opportunities. The proposed project will support Goals 1 and 3 of the Economic Prosperity Element and will help the applicant to enhance their business offerings and compete with nearby service stations that offer similar services. Moreover, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area. Goal 4 of the Mobility Element coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Goal 1 of the Conservation Element supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. Goal 2 of the Safety Element supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. The proposed project will support Goal 4 of the Mobility Element, Goal 1 of the Conservation Element, and Goal 2 of the Safety Element by utilizing land use, design, and sustainable strategies to protect environmental resources and residents. The proposed site configuration contributes to protection of local air quality and minimizes environmental impacts associated with the business. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Structures). This exemption applies to the construction of small structures, which, in urbanized areas, applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site's location does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project. Resolution No. 2023-XXX Page 7 of 15 Section 3. The City Council hereby overturns the determination of the Planning Commission and approves Conditional Use Permit Nos. 2019-41-MOD-1 and 2023-03, and denies Appeal Application No. 2023-06. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, 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 the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-41-MOD-1 and Conditional Use Permit No. 2023-03, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2230 North Tustin Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated October 3, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [Signatures on the following page] Resolution No. 2023-XXX Page 8 of 15 ADOPTED this 3rd day of October 2023 by the following vote. AYES: Councilmember: NOES: Councilmember: ABSENT: Councilmember: ABSTENTIONS: Councilmember: Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Montoya Assistant City Attorney Resolution No. 2023-XXX Page 9 of 15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on October 3, 2023. Date: Jennifer L. Hall City Clerk Resolution No. 2023-XXX Page 10 of 15 Conditions of Approval for Conditional Use Permit No. 2019-41-MOD-1 & Conditional Use Permit No. 2023-03 Conditional Use Permit No. 2019-41-MOD-1 and Conditional Use Permit No. 2023-03 for a service station 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. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit(s). Failure to comply with each and every condition may result in the revocation of the conditional use permit. All proposed site improvements must conform to the Development Project Review (DP No. 2021-29) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. The landscape plans shall note construction of a minimum seven (7) foot tall perimeter wall along the west and southern property lines, except where prohibited by driveways and required landscape setbacks, and shall be coated with anti -graffiti coating. The landscape plan shall include the installation of vines throughout the perimeter walls and portions of the main building's exterior with solid voids and no fenestrations. 4. Prior to the issuance of a certificate of occupancy, signs must be installed at both driveway exits to indicate "Right Turn Only". 5. Prior to issuance of certificate of occupancy, signs shall be installed, following separate Planning Division review and approval, stating that truck drivers shall limit idling of diesel -powered vehicles to less than five minutes in accordance with Title 13 — Section 2485 of the California Code of Regulations. 6. The hours of operation for the convenience store and service station, including fuel pumps, shall be limited to between 5:00 a.m. and 12:00 a.m. (midnight), seven days per week, unless extended by approval of a separate conditional use permit. Resolution No. 2023-XXX Page 11 of 15 7. Deliveries of goods and services related to items sold inside the convenience store shall not occur between 10:00 p.m. and 7:00 a.m., with fuel deliveries limited to the hours between 6:00 p.m. and 10:00 p.m., daily. 8. The air/water machine must provide an automatic shut-off component to cease operation when the service station, including the convenience store and fuel pumps, is not in operation. 9. The location of the air/water station shall be placed in an area not prominent to the street and shall be screened to the furthest extent possible. 10. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 11. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 12. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier's view to the outside. 13. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 14. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy. 15. There shall be no coin -operated games maintained on the premises at any time. 16. No pay telephones shall be located on the premises. 17. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 18. The Applicant shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. 19. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. Resolution No. 2023-XXX Page 12 of 15 20. To minimize light intrusion, the use of exterior lighting shall be shielded and/or directed away from adjacent properties. 21. The utilization of outdoor speakers or similar devices onsite are prohibited. 22. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 23. At all times, the contact information for a responsible party such as an onsite manager or property manager shall be posted in a prominent location. The minimum information in the posting shall include the individual's name, title, phone number, and email address, to report any onsite issues 24 hours per day, seven days per week. 24. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 25. The sale of alcoholic beverages shall be prohibited, unless extended by approval of a separate conditional use permit. 26. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 27. The outdoor storage, sale, or display of natural or propane gas tanks shall be prohibited. 28. The installation of temporary mechanical equipment, tarps, or similar structures shall be reviewed by the Planning Division. 29. The performance of vehicle maintenance such as but not limited to; replacement of belts, hoses, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tune-ups or other minor repairs shall be prohibited. 30. Truck drivers shall limit idling of diesel -powered vehicles to less than five minutes in accordance with Title 13 — Section 2485 of the California Code of Regulations. 31. To the extent feasible, the applicant shall install a vapor processor to manage the pressure of the vapor in a gasoline storage tank to prevent overpressure issues and reduce breathing emissions from the pressure/vent valve. The vapor processors shall be certified by the California Air Resources Board (CARB). Resolution No. 2023-XXX Page 13 of 15 32. To the extent feasible, the applicant shall utilize cleanest possible equipment during construction (e.g., all construction equipment must meet or exceed CARB-certification standards). 33. The applicant shall be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment. 34. A Property Maintenance Agreement must be recorded against the property prior to issuance of a certificate of occupancy. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). Resolution No. 2023-XXX Page 14 of 15 (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2023-XXX Page 15 of 15 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of modification to Conditional Use Permit (CUP) No. 2019-41 to facilitate the construction of a new service station and convenience store located at 2230 North Tustin Avenue. B. Applicant is also requesting approval of Conditional Use Permit (CUP) No. 2023-03, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k- 12) or residential zones in the Arterial Commercial (C5) zoning district at 2230 North Tustin Avenue. C. Santa Ana Municipal Code (SAMC) Section 41-424.5(f) requires approval of a CUP for service stations within the Arterial Commercial (C5) zoning district. D. SAMC Section 41-199.4(a) requires a conditional use permit for any use that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances that is located within 500 linear feet of a public park, school (K- Resolution No. 2023-XXX Page 1 of 15 12) as defined in section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes. E. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site. F. On December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones to obtain a CUP (Ordinance No. NS-3038). G. On June 20, 2023, the City Council adopted an ordinance amending various sections of Chapter 41 (Zoning) of the SAMC, which include Section 41- 199.4 Noxious uses, to expand the distance measured from subject properties to the closest point of any public park, school, or property used or zoned for residential purposes from 500 linear feet to 1,000 (Ordinance No. NS-3044). However, as the requested application was submitted prior to this ordinance taking effect, the project is subject to the original 500-foot distance. H. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single -story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations. I. 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. J. On June 26, 2023, the Planning Commission held a duly noticed public hearing for CUP No. 2019-41-MOD-1 and CUP No. 2023-03. K. At the public hearing, the Planning Commission received a report and staff presentation, as well as public comments, for modification to CUP No. 2019- 41 and CUP No. 2023-03. During the public hearing, representatives of the adjacent property at 2112 East Santa Clara Avenue, as well as community members consisting of residents, representatives and parents of children attending the neighboring child-care facility, spoke in opposition of the project. The comments in opposition were regarding concerns about the potential environmental and operational impacts of the new service station on the surrounding area. L. After receiving a staff presentation and public comments regarding the changes to the project, the Planning Commission voted to adopt a resolution denying modification to CUP No. 2019 and CUP No. 2023-03, providing two findings for denial pursuant to SAMC Section 41-638. The proposed motion Resolution No. 2023-XXX Page 2 of 15 passed with five votes in favor and two against (Ayes: Commissioners Escamilla, Oliva, Woo, Pham, Ramos, Noes: Leo, Benninger). M. On July 6, 2023, Michael Ayaz (Appellant) on behalf of Farz, Inc. & Fred Cohen (Applicant), filed Appeal (APPL) No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the SAMC. To support the City's recommendation to deny the appeal applications and uphold the Planning Commission's denial of modification to CUP No. 2019-41 and CUP No. 2023-03, the City prepared a response to the comments contained within both appeals, attached to the Request for Council Action (RFCA) staff report, dated October 3, 2023, contained within the report and attached thereto as Exhibit 8. N. Staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission on the consent calendar of the regularly scheduled August 28, 2023 meeting to affirm the action to deny the subject applications, which took place on June 26, 2023. O. On October 3, 2023, the City Council held a duly -noticed public hearing on Appeal No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03. P. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant a modification to CUP No. 2019-41 to allow the construction of a new service station and CUP No. 2023-03 to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k-12), or residential zone, at 2230 North Tustin Avenue in the C5 zoning district: 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 service station and convenience store will provide a service to persons that are working or residing in the area. The project will redevelop a vacant lot with a new building and enhanced landscaping, which will contribute to the overall aesthetics of the area. This will benefit the community by allowing the construction of an additional service use and retail building on a vacant lot that will provide additional conveniences for residents, visitors, and employees in the vicinity. For context, the two nearest service stations in Santa Ana are located approximately 0.45-miles to the north (Fairhaven and Tustin Resolution No. 2023-XXX Page 3 of 15 avenues) and approximately 0.45-miles to the south (Tustin Avenue and 17t" Street). A third service station is located in the City of Tustin, adjacent to the State Route 55 freeway, approximately 0.58-miles to the southeast. 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 site plan has been designed to not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Moreover, the use has been comprehensively evaluated pursuant to the City's zoning ordinance and its noxious uses ordinance, and conditions of approval have been placed to ensure that the use limits impacts related to the following: toxic or noxious fumes; hazardous discharges; glare; electromagnetic disturbances; radiation; smoke; cinders; odors; dust or waste; undue noise or vibration; or other objectionable features that are detrimental to the public health, safety or general welfare, or that are damaging to the physical environment, neighborhood or community. The site will propose high -quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the surrounding area. The fueling canopy is proposed along the northeastern end of the site to distance it from sensitive land uses to the west, reducing the impacts from the standard sources of emissions at service stations (i.e., service station infrastructure and vehicles visiting service stations). Additionally, the location of the convenience store adjacent to the western property acts as a physical barrier between nearby sensitive land uses and the fueling canopy. The closest residential land use is approximately 120 feet to the west of the site. Therefore, the recurring and predictable sources of emissions would be limited. Additionally, the service station will utilize the latest technology in full compliance with State laws designed to ensure safe operations of the service station and minimization of emissions of fumes. Conditions of approval has been placed to ensure a reduction in loading and breathing emissions, due fuel tanker truck deliveries and due to excess pressure released from the gas station vent pipe in the form of gasoline vapor emissions. In addition, the applicant through conditions of approval will be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment. Resolution No. 2023-XXX Page 4 of 15 Due to the site's location near sensitive land uses such as the adjacent child care facility and residential zones, additional conditions of approval have been included to mitigate any effects from vehicle idling, outdoor displays, onsite lighting, noise, vehicle maintenance, and the installation of temporary equipment. The service station will meet all emissions and air - quality requirements set by the California Air Resources Board (CARB). In addition, the site will propose high -quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the surrounding area. Finally, the Applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts on the sensitive residential land uses. This includes both the fuel pumps and the convenience store. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The service station will not adversely affect the economic stability or future economic development of properties in the surrounding area. The service station will replace an existing vacant lot and contribute to the existing local economy by providing a commercial service to residents and visitors, as well as generate added sales tax revenue for the City. As detailed in Finding No. 2 in this Resolution, the use has been designed and conditions of approval have been added to the Conditional Use Permit to ensure the project operates in a manner that eliminates impacts onto surrounding properties and sensitive receptors. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property, which will ensure that the property and all improvements are properly maintained. Additionally, the development will also meet sustainability measures pursuant to the California Green Code, such as providing solar photovoltaic panels on the roof and electric vehicle charging stations. 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. Resolution No. 2023-XXX Page 5 of 15 i. The granting of CUP No. 2019-41-MOD-1 and CUP No. 2023- 03 supports and is consistent with several goals and policies contained in the General Plan. Specifically, the application would be consistent with Goals 2, 3, 4 of the Land Use Element ("LU"); Goals 1 and 3 of the Economic Prosperity Element ("EU"); Goal 1, 4, 5 of the Mobility Element ("M"); Goal 1 and 3 of the Conservation Element ("CN"); and Goal 2 of the Safety Element ("S"). The project is located within the General Commercial (GC) land use designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods. Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana's diverse needs. The project contributes to Goal 2 of the Land Use Element by providing additional services to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by improving the circulation throughout. Goal 3 encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. The proposed improvements address Goal 3 of the Land Use Element by preserving the character of the existing commercial area. The scale and massing of the addition is proposed to be compatible and will maintain the current architectural style, which includes an earth tone color palette, stone veneer, smooth stucco finishes, canopies and trim. The project provides a harmonious development and keeps all four corners of the intersection harmonious aesthetically, promoting a clean and safe environment. Goal 4 supports a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. The proposed project supports Goal 4 of the Land Use by supporting a sustainable community by ensuring the project has been designed and conditioned to minimize impacts onto surrounding properties. The project will support sustainable improvements to the built environment and encourage land use strategies that reduce the operation impacts of the commercial site. The reconfiguration of the site will additionally contribute to improved living conditions and a Resolution No. 2023-XXX Page 6 of 15 healthier environment for the surrounding area by developing the site in a responsible manner. Goal 1 of the Economic Prosperity Element promotes the fostering of a dynamic local economy that provides and create employment opportunities for all residents in the City while Goal 3 of the Economic Prosperity Element encourages a business - friendly environment where businesses thrive and build on Santa Ana's strengths and opportunities. The proposed project will support Goals 1 and 3 of the Economic Prosperity Element and will help the applicant to enhance their business offerings and compete with nearby service stations that offer similar services. Moreover, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area. Goal 1 of the Mobility Element supports a comprehensive and multi -modal circulation system that facilitates the safe and efficient movement of people, enhances commerce, and promotes a sustainable community. Goal 4 of the Mobility Element coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Goal 1 of the Conservation Element supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. Goal 2 of the Safety Element supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. The proposed project will support Goal 4 of the Mobility Element, Goal 1 of the Conservation Element, and Goal 2 of the Safety Element by utilizing land use, design, and sustainable strategies to protect environmental resources and residents. The proposed site configuration contributes to protection of local air quality and minimizes environmental impacts associated with the business. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Structures). This exemption applies to the construction of small structures, which, in urbanized areas, applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site's location Resolution No. 2023-XXX Page 7 of 15 does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project. Section 3. The City Council hereby approves Appeal Application No. 2023-06, thereby overturning the determination of the Planning Commission and approves Conditional Use Permit Nos. 2019-41-MOD-1 and 2023-03 with modified Conditions of Approval indicated in Exhibit A. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, 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 the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-41-MOD-1 and Conditional Use Permit No. 2023-03, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2230 North Tustin Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated October 3, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [Signatures on the following page] Resolution No. 2023-XXX Page 8 of 15 ADOPTED this 3rd day of October 2023 by the following vote. AYES: Councilmember: NOES: Councilmember: ABSENT: Councilmember: ABSTENTIONS: Councilmember: Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Montoya Assistant City Attorney Resolution No. 2023-XXX Page 9 of 15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on October 3, 2023. Date: Jennifer L. Hall City Clerk Resolution No. 2023-XXX Page 10 of 15 Conditions of Approval for Conditional Use Permit No. 2019-41-MOD-1 & Conditional Use Permit No. 2023-03 Conditional Use Permit No. 2019-41-MOD-1 and Conditional Use Permit No. 2023-03 for a service station 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. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit(s). Failure to comply with each and every condition may result in the revocation of the conditional use permit. All proposed site improvements must conform to the Development Project Review (DP No. 2021-29) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. The landscape plans shall note construction of a minimum seven (7) foot tall perimeter wall along the west and southern property lines, except where prohibited by driveways and required landscape setbacks, and shall be coated with anti -graffiti coating. The landscape plan shall include the installation of vines throughout the perimeter walls and portions of the main building's exterior with solid voids and no fenestrations. 4. Upon the discretion of the City Council, the Council may impose any additional conditions of approval they see fit such as the following: 5. Prior to the issuance of a certificate of occupancy, signs must be installed at both driveway exits to indicate "Right Turn Only". 6. Prior to issuance of certificate of occupancy, signs shall be installed, following separate Planning Division review and approval, stating that truck drivers shall limit idling of diesel -powered vehicles to less than five minutes in accordance with Title 13 — Section 2485 of the California Code of Regulations. 7. The hours of operation for the convenience store and service station, including fuel pumps, shall be limited to between 5:00 a.m. and 12:00 a.m. (midnight), Resolution No. 2023-XXX Page 11 of 15 seven days per week, unless extended by approval of a separate conditional use permit. 8. Deliveries of goods and services related to items sold inside the convenience store shall not occur between 10:00 p.m. and 7:00 a.m., with fuel deliveries limited to the hours between 6:00 p.m. and 10:00 p.m., daily. 9. The air/water machine must provide an automatic shut-off component to cease operation when the service station, including the convenience store and fuel pumps, is not in operation. 10. The location of the air/water station shall be placed in an area not prominent to the street and shall be screened to the furthest extent possible. 11. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 12. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 13. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier's view to the outside. 14. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 15. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy. 16. There shall be no coin -operated games maintained on the premises at any time. 17. No pay telephones shall be located on the premises. 18. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 19. The Applicant shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. 20. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting Resolution No. 2023-XXX Page 12 of 15 color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 21. To minimize light intrusion, the use of exterior lighting shall be shielded and/or directed away from adjacent properties. 22. The utilization of outdoor speakers or similar devices onsite are prohibited. 23. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 24. At all times, the contact information for a responsible party such as an onsite manager or property manager shall be posted in a prominent location. The minimum information in the posting shall include the individual's name, title, phone number, and email address, to report any onsite issues 24 hours per day, seven days per week. 25. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 26. The sale of alcoholic beverages shall be prohibited, unless extended by approval of a separate conditional use permit. 27. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 28. The outdoor storage, sale, or display of natural or propane gas tanks shall be prohibited. 29. The installation of temporary mechanical equipment, tarps, or similar structures shall be reviewed by the Planning Division. 30. The performance of vehicle maintenance such as but not limited to; replacement of belts, hoses, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tune-ups or other minor repairs shall be prohibited. 31. Truck drivers shall limit idling of diesel -powered vehicles to less than five minutes in accordance with Title 13 — Section 2485 of the California Code of Regulations. 32. To the extent feasible, the applicant shall install a vapor processor to manage the pressure of the vapor in a gasoline storage tank to prevent overpressure issues and reduce breathing emissions from the pressure/vent valve. The vapor processors shall be certified by the California Air Resources Board (CARB). Resolution No. 2023-XXX Page 13 of 15 33. To the extent feasible, the applicant shall utilize cleanest possible equipment during construction (e.g., all construction equipment must meet or exceed CARB-certification standards). 34. The applicant shall be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment. 35. A Property Maintenance Agreement must be recorded against the property prior to issuance of a certificate of occupancy. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). Resolution No. 2023-XXX Page 14 of 15 (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 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NS-3 PAYI.0 A GANGING OFILVIOKS - 'Eeti NM+ALEe[lu u16 WM1w'Z3 PUTIM QWRM NPS O NS-< IE11P5RNfC SIAFWI LRC55NJG �.> ` • WM-01 w1ERL¢ owwar MID SRORGE p NS-5 CIEA3t WArcR DNEPSIGN a tlFLY IN1:Ie,E USE a NS-S ELCB COAfCNCM1 DR D RL,OIP11Cf h. i WA-X] SIOOfRIE MN67ENEM a WM-M SPILL PREVENTION AW CONTROL I NS-7 KIQUE WATER OR MACATON TBuLiuEif 5 f _ L '�P• - �. .. ...' - .. Ne LN 05 SOUO GSSEL MWAGElIFM a NS-d YEMCIE mu CLE.OBRG a NS 9 VEHICLE AM MINIM PUELNG p g .. WN-DS k7A400t1S NM'7E Wu194].IfNf p 4M-D7 CIPRAMWILD SOIL M XIMENT a NIT -ID VEHICLE k EOWMEM MAYIENANCf a 17 %k'4R; MLNCURWEMT10Ns 9 g �' UM 03 CONCRETE WASTE 1AAUREACNT Wu-C9 SWMTiYe' *R SUM W� YAIWikM WTI-10 EIODID ivA (E MNNOE3LWE a Ns ! FS�-I S G15YS�TE mIlm N0 C] 'Is I- OTERk DYER AM L E $$ F NS-15 DLNI AO ma 10 wA'ER ED NS-10 TIEIPOWA'T BATM PLANTS �a •.. .. .. ' E `�• I I w . K , C3 3 la 2 I W A F I I I � � N. TUSTCN AVE. ERDapN CONTROL PLAN 1 _ ; n ! � ,. . _ _....-._ _._.-... ... ..... ....... .....i O—"MNb:10W. 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N.rura a ,nzrer n � � T .. a Pe STONE 9R9•• ... / /I�kY / • xAr1_ rc .AMCL P nt n.y amca oa _ _ a• I 'II(1t h ro FReNrternYve arras "' "'�. asis5ile�sP.P AI PAb.YAC STALLS WK-0•—�1 Y• �Mn.c MilOileir:W M9 AL PAYF1 SYC M I (Li8 Pcc PAVEMENT GSET[ON 2 NY, aC To xc —EVENT rRAI MON `3 NTS a` WIIIE CR033 GOTTEN 4 rcrs Y'P1EEL GFGP 15 trr8 HANOIGW INFCRNATION SIGN fi ' wwawr '7 WNS IER Yl� YUr MPT lISS I+MN !/[ Yi 1 PACom IME 1. a<L SfaGYFS TG AE ]' 4, IGfAiE SMNO:_ AT 1 I WILV: pC STwi,L humQrr SLOAxT I&Y � C�rtN BnOYEN RW �'6 i i I. fMi•'IL� rirp 4wis of MW�£aP SMOw:'1 Orr SirE /1 b T/n' SCfbia $1M1J/r /8• la25I S.uY R $ w L I �'MT (1/\(\/``. J,Y www Bv: N➢C M YsolmSy l� ft]Aa scNJ � III 3 1 � S�ri� D XRX S CME SYMaY roF EnIN 1 ACCFs9eLc PvwuxG nrc�s �� n V' L:ISIMYFL STrQ _ I I SaACE •�-�• [� i mho nria cnvc F,LLIa PA'°"DiPr P a�A r�_rwr sArK PAWHO ____ ONLY MI rNrur�r ?�Y.7 9 1 j T�iu11�w ®YYL�N �^ :. PY xr�arr q 'aT TI-1 PARKING STALL "—' 9 M'.CES6I6LE LOGO TQ •m S i= . a0 x b 99r `DNS SOS oAT M14 BpY JOINT 0 s 8 ^ i IaNr OAlX ✓M fi, C PLW V[EW AaNLr mvLvc'rr MM�(U��UCPj j� $ r�12—'j aaunrom roxc:vcr<pvW ! PAywM rlaPAxSor iu' °� v c suLavT srn. rR. , s•a's caxc s ¢' - IIpIryVII�I L,pgN�/iJ � °`° % �Q,�•� V � + calaCJllT t 4.5-beNpvp LgMFl 8r !OPD A+•L RNE PAD ry8 �wNs�w � 1Ev+01/T Ntf 7K !,,. Q 'vN. sa.,e[a nT a. x sP Nnr '. ;.., raA�»• corm ee➢5 I /Rn PAg15Nf ANMT. �No� AB[ ➢p HW � .• r ' : � _ •.. FACH tlYY RriO P4°E - L t2• MySX ��, . • �. 's ''� :ac[ P�aaae•m�iL m�stn goal, ro .T.IaSYwmwi. snrYn or xs'[ss�urr v�viar Ywr av � R j` J! i �'. y Arcnennre� `` z Pawar! ,sa.Krxxv raver cuNwrr srue i s'f'e' slue rr o u,x ,R' uexx mefleA aNOlw N a, - r I �. ( x (( A�IF%sc �-rc PAPelrrrLr aPauLamss. tnu. teTrmlxs sync ro- enmr cw.oe _ -T Y I :a3 mac wrrrrcc F,� q o0M(1 •. (Sg fhA•Q ° 5'IRL\�Ri R5wNS $r44L aE rrmrcw.r fEnE:iD YINMY SANILgr 9N LNJ LIXL'YN DQ •w.L Ar 9LL 0@ONR ' L.i 31., y.i FJINr CW(EP NOYFN: •�G rHE wr:KwG sara-c sry r+cr sNa1AD Kira s.AgLwr Mw Acc 5lar axlr 1 APPuneL[, grPO ��.; I, �� it ays�rPAtFiC nur.c TIAL'O+G RANr As N44r or $ Fibxr GF eAtw vAcimLG�lµ5A10E F rW mL i0 me. PoLY 1 1N+E (iiFA'. 2 rNfeeuCF WIIL R_RUR PEKKVY' C 1DP PNLS9�� y�NSSPNLTT JOINT 190LATILXI JOTNT ; i Y•l0 -•• ! .XmcNN. nGGP[G,ON .ya >: �SECGWV 2K LY i3.tE r/LY2WNp 3faANY NRT9t wANBr•'�•EMr Pgq@Sg NWSYpaA, i. 9NPo K t61FD. 'M CONCRETE JGINTs 7 e[Y HANDICAP PAPJQNG CICN 8 xrn FUCLING AREA (TEW. COND1710N)Illl PIPE SDLLARD 11 (TEI11'ORARY CONOITIGN] 73 �g S �AtiBil�E� kd5 - —�10p� MJIICOSr N[P.PAP #�#'^ 4 E PL 6• a PTA PLAN p-`, it ' f �P� Ca5 6''�H WM 4NYv ➢ETAK • 9!..�� � a�Ty ire ge + s' C :.s•.-•.... ,., .o a 4 P,OYT r[ SECil6�6 IY• S. �T iiEE O�SXa1Ml ON PGN � \ � � .OE"nLnBN1V `: �ei�ri�wc ][IfF !'GF uj (aY dauWA15N[] i - .,4. NNYTf0 -"MCN ttvlcnL fiEv nrleM M1a I EL OPTeOIL 2' ♦ a' •rr` ~'R R_fJ: 1L r• La .ccr ° iA �l„ry glee (Tw.1 LwseslnYa� . F 5 fA FCONCRETE PASTE MNMBYENT Ao 11EA 14 NN ARFA(ET'UFORANY 6WIAGErT1 T ] 5 O GNAVEL BAG EROSION 00hfrRnL 7 6 Nrs GTONN DRAIN INLET PROTECTION T? xs CURS OPENING LSM*TRIC VIEW 1181 Or CVR6 02MM PLAN NREW 1s 7 � limes }3P —7 DETde S ,s RTkRPlIIO xP>I MNY� / 911Si al•AMAAi �IYYL O0.Rid hBPJCBwa'o� RI8t81f CBI. vuwK sbe�ow. C— 8 Call N�— dIC. STONE NTPW 21) NTS YB' S EP CLTL — 27 a dF 9 9Ti E_ 7=1 COMM Co. Afm OUTM 41, iDII DETAILS 5 v V.1=1 7 lr SECKWX T�v �RXT clkl*gM OROF INLET 1"sW. JAMIFff, Dr7AUS STANDARD PLANS I S� la9E1G m Ee-Iec`. n 1 1 I� LANDSCAPE ARCHITECTURAL PLANS REMODEL COMMERCIAL 2230 N. TUSTIN AVENUE SANTA ANA, CA. 92705 O-J l ORE Ni z <— ON raw owl a VV 'row Mom Timm -------------- Erin I � I (�/w�/ I o'• � I I 7 , nnI� °�• • E-IJELJIA� � • v Q C.i I e i I I I --------- j I u�nMa-I� dtr WAY rrWY rIWY b W .�WA4E Rrfll �__-__- f N m °HwA�'x 9"m pmays� E USTIN AVENUE �Y NORTH ..MI SHEET INDEX L-T TIRESHE£T L-2 PEANTINGPLAN L3 IRRGATION PLAN L,4 IRRIGATION DFTAU PROJECTAREA SUMMARY PRWE07ARFR= See e.4.16 1 I E.aunscaPe aEZEa =a,ssa Qq.x ! a COPSiRi1C7SON NOTES E -. e• m1cmc um I t,IS .lYE.1r aP..i+vC Aum.. Ina auvgt fff� �>D mi S.IIG�1Ea�PW Mo i�FYE m.L� E eP.t�c EEw_=w°..wo.T_ E tb vAm�C�i.r�n wRYntc dlrul.vr � 1M �CO.RE1EA µ8� l3� r le- '+a Wl4mWKR1E er{H 6a6 6COIC UUES so � � ♦�wo ��Pu�we ee As �s.c P�MRS R4LIb� E P M 'Wi PPMLE OECoaiHE .E I.A aq PoNN�XG SAKE Y9M W PEWm 9FNPE 6 m uir swa�o rrnmEo wrm E 1.'• C�R➢K�i�.SE � P�AlvYK �x nmAr I s,°mvw° iw WAG Imlm.- P}IJL MAY LANDSCAPE ARCHITECTURE 3saz w.a,..Aw PwewAACA � m.P6Wn-a;s v'Av�m�M�,lr6usn.«m wwrPAW�.YeWSnmm b Lu LLJ In � 11J b J I � 6 aU z y� U c 6 z a Z Z4 e �4� PLANTING NOTES I. nsnkmk.: b mrw p+ae, a.�P meadow aro ,eM 4mrtlYn Peer m d.imneaa eabxdr „ mkt PLANT LEGEND NElnunErmEofnwiaW weeenPE rn++fEwwcesuV:oulf enN depemlelny fM Ob NeL IACNme 4e b brfage d eibin0 uNIVm. PImR .xnml � ow krtl Rr d. eYme d er +order. eeua wna.r d fsmbnla urdr fe.. dmtgvGtl. Cwd6cls WIICCLS W,1�i Px�fgb aw^tlW I..R.� vd p.ner me � plwe a dwln ar.m ek.e dwn b bsr9 Pu eu.wlen d w nv^meape evsrlwee STYROL pOieNICIL MANE COMMON NAME RENAR%5 auG GNLYTn68 wbr m IwiR . M tlwWer( from Ore pWIR v NaR+I.CPbnO di ndde erirhn appaml torn m 6.mr ma%w la:ae�. raiJr�. Tla i}mtmcmr ame mmm. r n mrwkMJIi4140n tlwlhnaE sd eelw Kpree ,Beira • sip.l.idP+a Rwanrm.AnaiuiruW>aa�iad nakriavxn®tla¢ • lmve m One am uwnedan. 2 eiaP mNnda • 4viMe e.Pw'�ear en C1e YRs N eA tlewa tl`ukq cwehena+ liwunh m ,pYllen of p'rY_uy � Legaettaxmia f. Yflaedntve �7 �Phosbmon eerekrtera Crepe Ifyrnle &i¢hvnv m. M' bee 24' C 2 2 N Stormed bunk M book �m0.Mel bkad�ea®fir ped¢rmsncgera A.we.. rarne.a�mex r.raeeru nwGaa. .erL s Tee CenuvGw esru .e..w dh . aT yr f m .va �wh. Gwbwbfa ,owpkalc, d erfd mnlllera Fuel rtcE Pe El' :mrmux �O fieijxm AOrvibfi0 Puabarpn WiBar 24' kdz 1 m.r&rd M 9tandord hunt rye.Ldurmmrnp uufvem • Ftgs AIMln9 ereuewk'wgememW plebmwulmiaugmren. vNWrp ePeM 9mtla aTlwd m snvra xf ov�.r• rcpmanibtlec NI grbneq elan b mmpkdtl DfNr m ummemarted uF Pledhn apeullen InsFeu 24' hmt e4ee! Wes per O e'!y etMdefd6 eM oPpmred Plane ®neatlM (typ-) are Y�mrmeir �cl•p NrrwwWnrvu adde�ee mp�va� 4. TM Cailmner free 1tlmYlr pW P% br W eMkMK 9r�M1 uM. enNPl. w�m..npa��// I. fvarwwlenw. Ih11ed ib 61iRUB6 ad pmeweenm¢ Gdmmr em1 mu L rapwaOLe hr ur PeY ter A'e^u^F nmMip, and q�anmr ar d qod �.uavred.. s yvsnq upary br pbeGg and ahslnh/gglfg mqukwe.nk. Agws GIGlIUg2g Fokttil Pgnte 5 gal 15 L pw ue Rlssfat,9kUYPIALr1.WMFfiVYEh6liDulE � LigfeWm j. 'Tvenum T-ee POW 5 gel 12 L Mmm L WN Isar 5. 1b te�wpe aietuuei ene/ee peer NW PMlaee Dled mderiol plaaem.d Cw�vmmr Prlm b PvbWNen Sglvte g. 'Neh¢je E59M Red Bright Red Autumn $age a Col 7 L M PoO klor Dee & rxneed.. dq! heee tie eeife mod rmanr Ibm- eM ehuY urMemYj cmedrst mmrammb aver mnf /{� WeaMrgb hvNepee 'S--kW. �J l)-d Cee 1 Ra6emG 7 5 4a1 51 L Mje. rrtllpfin &ltlie J J J J J J J J J J J J Plmnn9 rem a+H- laneempe n +x�e.wred ryan Mbr N .miu 9nu4r0 nor n..n mnW.e.a. I r. Tm pYrllM Did Ter br r/ree W mrS leite tlw fDleedr d IM rwl ben and lea imM Manow tlen llr reW� Aleelea sib ex .hmla end pm.JeleRrbil b eu9 ub W aegkm reee WI Y�em, am arr.��,a-.eon tir,m a. � LhodmpefNum ia:Gvm Cope RreF 1 pol ]O C Gemnmdd plpntar �iry4 ReD J J J d t J J t J J J J erp u w. ". I. PedPry W ivr gveweemy dmP W duy an-anew-bR 4maa w wgG.d rest wn in In I O ppnelq IevD1uW �Littre Rev Flpt L4Y 1 gPl 24 L Boor eM G:arape E n/eriag w. VedegaRetl Flna NY 1 gal S4 L idrw ,l J tl J 4 PfeMP rm! hDmee h m aev trm pared dVan M(SJ ke! d eeretl eieee. qe and -del. b bklrm pw ® FJyeem c 'Cafgmn Prl— Cothran Punta " Omm f gel 1d5 L Perrn W pJw J J J J Nr� pdn ym Neailene. 3Lr Nor Penree m epued er uerw cw. ..ik, fb and mr.l.r urw es Irotdl orwrq ilm.lar edge d tlw rM plenlw. O Juneus P, .Rlue Odrt. blue Pert Rueh ] MJ 206 L Pemfereb Pienier MeW SrS yr) RdnwlRn:GWmae G. Prwib jW mennp m dl ebVm M a grmla_ O 5®leriv � 1 t"Verb 1 911 L m vgwrowiws6clh wmam Vap Nora J J J J 16 a �LmaRayn genfmtlbr ene0 Nd.. , df pto.nd +m.� ae w. DR.a lmydnq (But nnPed h) deweg, purple Yarbeng purple CvZOIfNOCOVER Pb Purply Yerberw i 9p1 2T 7 L p eeginq. em nsiep Ix a prua m uVrry mqn onr eempelmn m A SRce are mDdme M p.ryr, fl. Tm uMmgr Lad�r Moe •veep npdm erq Ned rnedRal <rqR eM.4 ei9M d beY d deer a enwe U eF mnereeL u.m ud Iw. �n mooed er elna.•�ee ems ^ 6V{ RDsrnortnYa w 'HvnL CaryRt' MYnt fAl7M FOxemtlry 1 501 70 1. NIfLCH INSTALLATION e[m mrNkw w �uM Imo"A'w:" y Pe'°° �'w �"nmee r � ar Cv Oorttrw Ras m[ N W 0.wr. PL. VOOr N00'04i0'E Y mrw er S.ET. peW w mdr b lMBale1 aed FduW � Ti-DrkTl. a .am1 NOTE'FMetuvfpked bMuearamie�meer6rares3rA avpndtl»mRaomatl.etr rmm.eehr;.damdaxabum — — — — — — —_ — — — — — — - - - - _ _ - .. _ N61F. pk,,dai dew NscR1.L ROOT 94RPIFRG TD ALL PROPD W P/ May j TpsF$ PlNeiE9 FIIHM Fl1 ) �aET YAL9NIi AaPT HAMSCAaE ^URFACC NOT ARCtINP L THE INFE ROCi v.rr PNI Me.Fendu Arrheece C—STORE Linear Style Planting with DeepRoot Barriers D.Pvriv weneb m.rd d D� to b mL Pmtlk4 pm wJ P. w•4� d anz kfMN u. Irryn d Gia bade RS faTp as m e 0. PMt Oe bM.11Lr Lw bk eMu a mn ecduln �•lmfh enq dame'tlAPlre Rni ad db� 9� Nh d Runt Wtl tiv rnm.r� m e. ti � ma z�PNum}°1�"'ies � u. aeY erb F fle snd DivYOP m Taw dN m � nmp pmin d mR am a wM•n wrm .Im v.reff d feu nxawef >a a lie �r'r ls*4r9 0 .Yeord w fkdPa 4e vd nmfrnetllane Rwrdlm. [sae cline �.f L P N. � .0 b ears a mblmcw and .ay . '` lee¢Si Maw b � n,l. � � 7b �`-- - Rep vmP6 w Pat 9Faq �Wvgh remm�mP_ Lw :mbGe d.amrr . vm na Pbwpa .nea e fl arms ib Peru -fern ukm vreenert Sam bdre e•�wnP M�.aeabei,.r.. an�ee�..e ar�.mu Damn >:rV6 M b swm'de rums. m Pee•lr m d de b HIeF wen wrmeLdl ad aped, b prar m b rnsaA h^n°` e� � DaPnai l•D:aaed 4ibe n Ar eleilaW t,bfmmn Ps— ra..a M lG pp� ebdbt PMrl Srlvlly. ed islltlpf e Per fmNn Pu m my 7stir W eepRmMr ueobr d p �PN. nmoVn+ rgppyq dAMMa.n Penes ai f 6p sY � il�lil6�. iu hrb im eMRuM1 Niske v apes' krkm wa � I� u a. n.sr, d„ P..epwl ns. r.eq wwd u. ti ad .rrp k R e.ayn IRmIP. r, k nwP.ew P.tlr. me outer rdeTml s�Pwrr � P nm mar ra oxe3Aul. eadarva � gPer emmP Eees�9t 4gelrul Vn eRutm b � be��rrmmin q k de asap. Br (wa b Ne ohm 9soM1 d eeo im�b b�ee1 Iw war hP. P'w a eTae fermm r erwal4 b We* d Pared rgdatl b • Vv epeimlce ue nePwr.e rcedrgr f w Twe cepw a . r pllr-n) - begD. d Gmir s:t bmoePmtitdne Bee e4 Pro rr dTire ab e.5e b dd endim m kP.me Ts emae r and d apwle ul:aaal leaf ImJ b m AaJmw A Itbaee d ilrheMr lie bR Herb, QrN i Yhrre �•i9 Pmrr�a pG aw N 10 ruiM d PmrY Mb Nre m.eW tls fi-2 and m 17 ]b hewer ¢' 61 a PbRPa 7f9 ae Pedgd A i 16oare):rg Is, gawk, Ixs1 W (VTR 1p ItrrW Pane bpi a�t Y tle ab� N Qp S ]nn ]S fa f i] Peet � daa: w. uarenw nmdy NOTE 1sOQTF1ANRIER55F1ALL BE 12•PEiP VAX 6 LINSARAPPLICAT.11 ONLY. i,� b Babe d mA de rml IA1 Apes Gn GnvJ lrrb n All improvements are to he maintained by the properly owner. NOTE: SEE SHEET L-4 FOR PLANTING DETAILS PfvLS10Ns PY PH[L MAY LANDSCAPE ARCHITECTURE %.demnCa 9S1m Phme60i)1T3.5W pmaPmPnemfyeeagnapn rmw.M�rmroer9eam z Q J V t— Z _Q ]Z W P Q 4ZU N Q U n Q zq ZK a ¢ Z �C7 C�V faiD R6 RS [16 2'1.2UT1 L-2 4 IRRIGATION NOTES TXq � n rs� wuX,Frcn x in+M w` N�liy�� uNYngorim mn �;� - dl ew wetmn d mIL w eE 'ml.a aY ra .ml lne � �e �s �w4W'N eN. mn e�en�glGdd eoW 1°�a and °' M�.S AIH�Fn� � Y°S�� 1wellenen N wPe dm... and lnele n .ells.�vn remdga ne i.lnp. a� " m � 9,RLL B£ MCCAtFP ,N9nE 3N116! rd� mt �vW Inuvll mr '°�IgFQnII amm a'"OW° on ,m mprl�p .nm - m.rr m Il.e lld. KRItt MTN G L L0.�IfWL� [CR. grime 0: airxa. � v �n oryv dtnq, Mxicn �kt�m�1 M Nn mcr mNnw+ pl��r� �min� mn'I'v.s ��. n ,m°fMxm.a A. xa'°mrucn 1� tl1i mpew�iliq ru uy nc—y +er�utyF M Iqr ..rt • 3 me mnvemr melt ee1G4 eaermnw, a.p pq v w alq all imveaLvm m ,egr.,mn • Win. ..rd � ;.�. v0 qbX tv . etlperA pam"r, R,hr.i pa.n— cIYmY. a�ly1 w��b ro dwr ".TIN m unnam¢ .uu..mmc ]N �Ifm-m Hp xG u'uden. PxGm, " Cirtm�mee rc° uri Ip aurab of ,Sn aar- i.Nrr...1•�++ ��2 en �M °m.�ln ab m eeo n[ p��V nesy n nv hye,�'w. exn q m.lzrt.. e. p. riaeky°. a. T"- 01r aim NC16:' 1 h9Yemmpllea with xPle erherie maNr..almnmaea xlmiP'.'n'9ie P .. nc m+pvq.'ygl 1°M. °b °.ww4�in dx�W'u� }apecw NppRd ihem.¢vralrylY�-Ka alfiar. uoo°trmrinYn rnfEwgn dNlEN plan,• rF.Y � a"ObeeX" , m.0 Pmt.rmm ` nr.r. ee weme�ac n ari r'01�wu' -Iwi eia .i,emmnw qp um""i. cudmnr'im"n"'wt I .v.sn,c. �ummn.rn �..p�w » M n�'gE'0'N v.t lm.. '-- " e. .raaa"�`�r aio eu aaY �d>r .•.,°� �Ww.....,°ts...�,».�.w .. 10.22-2OQ2 M. p� M ..d r n :r.p.x In P HIII roar. LYn a PrcMtxL nett .r.. °xc: RpInN .ee A�..:m10' °•`e. mG.°..e. W CdOXantel"0'Pmee�.a �aa' oti: q m k°�....e Rm.. x� ,� :"1tlw' .. "�p,w Af impreuemee� are to ea m inwneE by the pro eriy amcr. NOTE: SEE SHEET L-4 FOR IRW GATIbk DETA145 — ,a xn:a ' ��"Oo�.°d' oa r.rgeile� r-°"awl a lea mP a�aPeRGaY arvwlac r d-°,. pl."" pw" s -let �9 Tvbl abel�ex 11 w� o�ln�a uA r� prGb. pNnbn(rer'°rilY ' fl 'L�9 rMR�ttfpepOMlcuRn Cdw'I.e n.�..°n56 Ua tam bseeli Cush I o 0 0 r—STOW 15. �.pel NTCdx U'�vw°°e"mi.�1�'°e �.enerelu. lemtb, •b,a � p,ry°p by Elw.viion m nl Censers.. [e. Gnlrtnm — — x� m ,5o PN Pp 1Me.�1 �., eem ;4 oac R1110AiIG1 MSIEF 'UL�E ZfN6hF IRRIGATION LEGEND MJIF NnPEYDC2RPIM111 MM -�' onOmN Y'oo°eLE.m�l BruE9ELe �t ruR. os so — G 0 NC A l l woo. � WX N 9' VALVE aCX C A NUNIER ibWiCi Us°ww Nm RC5 lAC E © REwlgi RERIXMi aR46G GaH'fNGLLFW IGCEu PR?TIC / avleR.i camu^ma[oc) p uoie FRmMd1IR Yo eE RLSixL qN R o yD CRGUNGEO PER LCCRL LOGES ® iNR16t ODEL SOtaR-"YtR-SE+E ZVI TO ROGG OmE E PER wpuFA:,RR6 $PEGS vERPY LCGTICN 1Y/ C.C. xn P.W,W me uNE $NFn InrNFPa vNPFrxWuve W lu�siwiaoE C nit ,GPGCl9 PPC'DtEWIE .° WE T Hlf b 1WIGRro tN ux --� wrc s+PRaxo RUN�C.E sv6 as umroaEo on m.d T XomYiue n,s als tort dubs r un � ye 'W'r" ' €iRFS MN(O B GL yin 9G X IIMMIIEPL aLF AL MFIGI@ Gil A W NCpF YNK I HEPFIN G iKS,ofI�InW G, iWa' RMi aas-+a crR J IF�9}.].a CPR 84c44 But 4aLv[ NmE L r_E �( IIF3CO N uNE 512E Ea PRESSURE 9SeCIaELr. uCO1 N75iS L ® Z[IRX PaILWt6 t15' SQ[ Y TILE bTWdNER aRCNZE RO 169AH�93. rX11e.+0E � GCEL SHBC-'-".- affiErPe�r RND EN0.65URE SIINL 6F PwxRn FotNsr cR[ P;InQi K' "m�vxvL 'axa' c i s¢e n'T 3. v BM1FmYfURP IOpIF1G1nCN /5 Y9fFMFm'""v'G MNtrp1 XlPLL Pet eYWll[,CTaf ?EI p ytPS McMNN feR SNVi-Vf 41E1% Y-PiarrYs pw- RxLVE r�u vR6�OMa N0. Ra YALYE K 5¢[ 412r WESTNER STATION IMS'TAEL N r___•-_---__—___— PM M JF- o I . IRRIU� OONIFn UER MOUNT 1'O NALL FRCS I ' WRIST WGfNO W/ I e > S.iNER9L EArltR/.C10R y _, r-------------------- I _� �r �� ��I/� J -EJC{.. NG c c I I I I ®• I ! I ---_—_---__—___--------- -- ----- �I11 2 'SLEEVE TYP. 1c 112 2 2 3 5 4 6 r T1IT 9" I 3!4' t qr 1 1!4" I 1 IrreNXnn snnrwle (ESEshGRNmsnt Pmlodl� 6nlmeeG.rIY.M rr...��m�.m X,p,En wNYemxew >va.�w.ln !I,lp—Vi Iame� xa.s r MrapGPw orx Ainemvn .I Imnuievuyl c� Nl1td. II,-rwpml. PrRuxn] pnw6 e.n p�rwt. Y LhW p� bl - ♦ • IIE° E°N3liii W I ♦ 1 IYW euSgFa W ♦ mIP m }s 1 IMP W i 1 P� Moa4ut 1 ♦ Yapallan dcheauln 1Estae6Gfmq -N1aMY PIFn0aq/ O��Q•oOOQ bm�A�OQ© o�oaoAQQ ��A■��IA�OQ iaomoasa� LOCATE BACJTrL 1 IEVICE MIN PLANRNO II AREA . a s' io• zo. NwHL}i SCALE 11tO--1'4' h S i F HIL MAY LANDSCAPE ARCHITECTURE � 263YWaPI�RYa � IvkrtmW l7MI L °FXi�FA�Ta-19S5 � .�xrPwalm,YaaRn.�Tn YmpPMlricydayveno I f y z 0 l� y z En ; Y Q Z ¢z¢ e LLLO CVh arm - RS.� 5 031'_]ClJ Y L- 3 d � G1111 r PC 0:XINI;ccm TFDAm,I, SPACING ss LE47:]m rvR D�srANLs -�-DVARIES SFE ® ® �PL,wTEYc LaDEND m- VLW J' NULDH LATFA FINISH GRADE fRRTLTDi RODTBALL 6 r BAIXANot- PER OGBS TRONONICAL SO OmuS mED SQL GROUNDCOVER PLAITING DETAIL = vAus urns vaw x*s Qwaw (�l SHRUB PLANTING DETAIL StaElCw vlAv Nib m LS CINCH lies � J— vE] TENo 1ayIN�ANT�p ro UNDLSMR9EP SUBLRADE r NUTAi LA l OROMM TJ SE r ABDVE ADf/�iT ERADE F1N5 GRAD `FINISH SURFACE W♦DIS]II 0 EE PLANTING DETAIL — E.r3 IRRIGATION LEGEND BO xK mODEV OEBORiriOn PnAa P P4 3>0 - B WMBIf� kO�OxZ_fi01, f YRE;[R RILL Jul, O �� kODEL ALSW V.uve r a• YW 4E RLCt = i' DUN% 0➢U1RER. NODFL F�L.FI% 1XSWl. 3R 6' VKYE BOR WdAfFR BA9m caNmaum uoDPL PRD-K © �� �E�uY� noN o%Ekra+L eolrtn+elDR[ee� waIAR4 w . nEn��Em ° ewam suD cRDwIDs PEF IDOM. eoDEe. IBrnFR PM W �W �: VNERa�Y I�GGnO.v wM C E — rrpplm WC SaYIDNE W �n1F. YGALL 'JNCpGMIPW — O Ur iassr nncc uxc R¢1 �® sMei As RwaYmp w�l v�iw BIL T nw �d sort T rAli �£E i1A55 b1i s�C u 5 Y u�,tl 4rKve i:: scar anRmc w, seas -I uYBs ursac v lo' ac cPn a N ® aPiiROL � WjAmN ��� r: EArE ra.K I ® NF.TAFlN 90KIXGL ELM= YKM AR 11PB4 LtCLW IDOri-V, IIDYf WaC Lr}IA GNi i IMZ1W f1AM 1MC tYf10 WK _ A 9PA55 >ku VAIiYF f9Fl i1NE �E Pitlucm PR ^uPD n55, qyY, rt00. 9n3Rtl L LyRN rILILRG 1�]' SD:E wllfi Y TYPE 5tl m BPOIFE lt v NMDOVC�T4.P � �IIC bTALe OJT D DICD4.IRE SMALL BE PMRED FDRLT CAEElL Era+ Iwo wtv>; - r , NMWILY OPDi WE :Y YµYE aD11 Pi LWi4TL: N er.lom ron oeAlanxoa As YnTvl w:.vt ors i�rsr+�� � ® IrJRIFA ice,. �rr�.n-.crac ur u o-m xcui rs aw.-o•r .rm.:wNur�s �� CPk V� SPLI VALVE VALYE S¢E SnE __� I n n U sA�Lciv�PaEVENTsy,rryacsm� ;.. 0� nr umo 0a%-xa� ®wM1OFN o,Y.n o� xx S ROW SEN97 MASTER VALVEx°V rrE rwa a�imirN � msRii rPP. amw.-+ v Y• ay. O� �W a aRr lirm T� Q-1A1IIAL LINE r-WSnivG VA;ve �LSov $�i�¢� �•� m MA UT LOW FLOW CONTROL 20NE ASSEMBLY SFL'EDN NAY 4 +F1sn wYE (Gl DUIIX m ��Mtl .�Yta�w UBALLVA NE mEb E O J O 0 .TON HUNTER IRRIGATION CONTROLLER All improvements are t° be mamWmd by She property owner. REVISIONS BY PHIL MAY LANDSCAPE ARCHITECTURE szzwtla-e f ,CA-r PM1endY9jlTiA�•i r@CM1D�a�da^�w� ...yny>ggyy2een sAhw Ate' 1 I Q V'1 Q� �Lu �C) W N w� 4a 2U I � H U Z 4 zQZd Ll L'l N :i Rom. R. D93TS032 L-4 r rrlos eg2NSIT MnON FLOOR PLAN s....Ipl•'— u L PNW.taRY xm ,f.zs O NP2RIYM4t mAMNO IUNGRxO AE. PAY (D R9a2 GENRRALNOTM i .ii o°eafY°°0m DF� m �v, Dfco�w.E�� wawiw�AA rum e�nwan. .aF as nDAmnN r€ss.t. wn. � smmAu.0 P.us xox Axwuc E anfR Q,! PW Iq I,RYILlpli nRR4 r. NEPFR 11110 m., we a]a,Esr mEr.e a w EaL1o.tR1 xAac xrzrN�imCfIY,.Arn Itl.RGi RmmmlYns. L NIY COIIYIFApPS S+!.f. DE YW, S' AFf. YaM A }FW, WR[ 1xWa,CDUAI NYAM ugQE�P.awarmWCIO�R g9NLL E�OWAME YIXn MH C�4, Y61M1.R FOR G&xFl 1nnwLn am[ii caM1LY alaR Ix6W. w � � u.s n�am� i�i� P[rcolotl. er auo+awt YanWrrec ooutas �.�-, a�v. r tx,x L>• sxx mzs �xta.� ,xxrN:,aa+w Y, mrtPxrcx wu rcYlc Ru coxr�,NsuF sxw uxe m slDsx aPA¢ N �uKN en C�,�A6L1L xaV ANRD I.Itl C,AIY NP1L RYIm f!m 1]6MAa sotRx4 »p AFwfmxS Ox WSJ AL! ML A26 m nvxrtna6M•tts suLL aeE+¢YxlcxDR, D. PuxF •?PFM C�FlGNm iRR W16.CR S 9wt LDVu Mx ,9fi a0A3 P. IWE�PTXLudYFlN }]hlfdS7 9XNL BETY6GbgxlID�A LAB awrmr. B1C�1� Y�MFlCE ORiIER N]A DFiMi aY1.u, FrLL RflM.] Rm, L041 FlRE INRFLWR o, rsrxrvcroR Sxnu KSSi rHE axxm >mm Sine Ec,e�N iD NlPRgf A CFU�, T. r<iFR YbRAS �Nl & L,MBUE K DRJx.xxG YW 1#> 'F9 m.II. SWxi �RIXR ID TCE WD AEPk I'tiiMLliDxG^DLLFE 8r AE OptALL RMRPmpt gulf �' .lxul S lE CPeM.'C PONF MO IEIIf NM2 A 5,fl'1 Y. PFPXIR a! SAmW[8 m CUffi IMJY ]S OPa' 10 ]' FAO1f a2 N,CrL x' vNeAmm lcNins �uvavomat DR•r uw- ae,Gr R•vA x m xn FlCDR Dxa KEYED NOTES k °Je01iNmN 8 n6,Yl 6i nG L7» tat wuxYYx 6>✓vP Nx� 3 FIDG Rl1aFJLYLI IGBt m mmASL ANS O PLOF VLtr�i PFR tElu,/ma D 1• YWYux NA 6N A} FP(fMRs3,iFa aafll/FAPdkP N p6gEbZ 912, IYPE, A SU9 Pln+. OT nM 1� DRYPL SY11: YCJL WZ PRRYL® RY 9XRPFO R 11xmICLR. RQAR m D%,1 SmRUI£ EN 91fl1 Aaf 10 IEP IOFA 11 Im'F uiE➢ o� 13 {aulS11GI1 3YNP i4 91i atu.s u,LRR Inxao. 9u mA S:ff➢9Dxi Mrtrmcilex rott m SRiiW lx4 R.,B FA RE MS lOG➢CM. ORGl RN 16 WEVr Rpn6+Glf. REF@ m Cx¢ PLaS PO4 CaMUNiOuxmn 1] fIMRE inrA EWIP,ENF 13 ro�R .o' e�ex ."�Oim w� , wsx ro srf,s af.l ulo r¢f O R $w sxtD,ss s�F. n4L R mN Wla-P.`�PW Wti Pu um vaa x� axxlcrcx Pat mz lur LEGEND � R(fDR rwwm xNE >� PR50BHaR0 CWIA/IAIDR'.1rLL ❑i be 4uxs D 1.'ux. t�i L6 9111M . ,[•er: a/ ➢[AIRL IMui,610x � � snxw. 16wc 09 aW aul.. ,e.,s �xouxR axr waNaax Q sa. aDmsL. mnR ro alcr u.l Pal Dswu q ..ml mm¢, Ai,ER m � K•, rpR D:MS ROOM FMSH SCMDULE JNTEWP m4w cn,vc CASN>PR &PSl]iOOMS OfF OG PRPPrtfNIC. Wa1.KlN PlmR RiFN P WR11 CNlLN p1:1,2 � m rGw� auON Wi A,3 � tR aR� WLWI �z ease G.wm sr.mr molts m � aucDr w ui �� PW9, w,an yi m�'r°xa rwsur a NED.E �,�'dra. m iGlav en 1j I ws, � ¢ �m�v lr�at � fg � � �.s� �wIX wxrx StPYIN WM'tn LP 4 fSAM BP490. IN ,x�f xyaEg Ra6Lxi LCOx:rt,FP OCCUPANCYLOAD SxWa-;IaP 9F. Et1b/1A -a CmLxA/ARfaa - Ax ss. <uxrnDl - 3 mw. 1m'LaG ,,Iso ss. •cmLa Is .vox a�ArYee sP.a Pa rfsox !oz omxmcx u In smw.+elf sxus EN,S rEau�¢ z WR �+OW 3 W D Z W 7 Q n z N F- � ¢ Ct ZQ O o< ccolz CM co F CONEN F. LLAEN �21IAR aaa x� iN/�Q MG I1.1.1 "nth —f 0— GENERAI.NOTES KEYED NOTES Q�a euxsRcpuiux'xx° swcman ssrtx, aww sa s-[c� zU sm wgxc xou 4q cu>rs �s axcspx m4x sgxw aosc: vax wnxxurr iu[xYux[n wKM[ xouwl[u wu scx 40 x4. x:xwxe ue maux xmYlox ioWtxl Bhoio YVY 9Y1[xCFM O� xLL/xDll �� YkR, IgGiipx Pxga la g514ulgx COLOR LEGEND o s»w.x ,ux� apaa xYF .„Y[ ngxga,��xa, MATERIAL LEGEND Slxme N' axLM P1Il1[a. rtINIF➢ P[R xfG SP[fIWMIIE 4ux..0 cawsi[[.uuw e.xnq [a xs�e +a aro� wi-a s .[uxgxx save owx exw+ nu.s a+ �oxmewo c.reu 0 [wx NwRm puxixw ME I sren pgx.q �xux saws f KIrx cmoxxoo E.[ LU V) Zo O rn 5U w ~a z z Za R a N� N w A.2.1 o, wEsi ELEVAMON �E.�ST„_,,,�„ELEVAlfOr1 NOM ELEVATION A a SOUTH !:_i. ATUN r amnia � � xcnnt sn � .gym Dail ate. rd ll 3 TRASH. ENCLOSURE MM. f + �6'H SCREEN WALL_ C21 ague --- 2)T,E. TRELLIS PLAN 6e�mexs aµ�.o c�ixr`ne1iiau a�u " ecF n.ec- -�ean< n SECTION --- .gy N ,m s ;n� T knR M GATE HINGE n GATE LATCH W Z) Z W < Z� �U Z a ui x ¢ CO a N [Cip aia,izl a� F, F- Casa F, CO}FN u�lppE " ■NQ INC. a.a C21 WEST ELEVATION NORTH_ ELEVATION 2230 NC>RTH TUSTIN AVENUE, SANTA ANA, CA. 92705 COLOR BOARD and SITE AMENITIES PACKAGE Gas Station & Convenience store 2230 N. Tustin Avenue Santa Ana, CA 92705 August 10, 2021 Prepared by: G%JCow1k MtM.,4M1 , In4M_ Design Planning Permitting 22485 La Palma Avenue, Suite 202 Yorba Linda, CA 92887 P: 714.920.9643 F: 714.917.0250 www.cccorp.com Prepared for: Farz Inc. CJC Design, Inc. Pagel I. Exterior Colors A. SHERWIN WILLIAMS SW6063 NICE WHITE (TRIMS) B. SHERWIN WILLIAMS SW6067 MOCHA (TOWERS) C. SHERWIN WILLIAMS 7512 PAVILION BEIGE (MAIN WALLS) D. SHERWIN WILLIAMS 6328 FIRE WEED (AWNINGS) II. Exterior Wall 1 Base A. Simulated Stone Veneer C]C Design, Inc. Page Old Country Ledge — Color: Carmel Mountain Coronado Stone Products 11191 Calabash Avenue Fontana, CA 92337 P: 800.847.8663; F: 909.357.7362 www.coronado.com B. Sand Finish Stucco La Habra Stucco C. ALUMINUM SIDING LONG BOARD FACADES — Cherry planks CJC Design, Inc. Page III. Awnings A. Metal Awning Wall Section STEEL WALL. CLEAT -- 1 1 /2' STEEL ROD STEEL WE CLEAT STEEL AWNING ALUM. AND GLASS STOREFRONT B. Metal Awning Plan NOTE: 1. ALL STEEL TO BE PAINTED, (fYP.) 2. PROVIDE BLOCKIt AT ATTACHMENTS MC OX20 STEEL LINE OF BUILDING BELOW CHANNEL 16 GA. PERFORATED MTL SCREEN (SEE ITEM 6 STEEL CHANNEL FOR MORE INFO.) BOLTED TO WALL _ ..r _ (SEE DETAIL) TT STEEL WALL CLEAT {SEE DETAIL) II II it � adILu W axi B STEEL CHANNEL un,' oo, gogq ,COO a oquoo vrrk ancoupo > STEEL BASE CLEAT HJCA .... u a u u u o W/ 1 1/2' DIA. TENSION .ucaaaoo°auou°oa° ROD (SEE DETAIL) --� .ol gr'2222F EQUAL EQUAL C. Metal Awning Connection At Storefront �-40@0 D. Metal Awning Fascia 1 "X T X 1 /0' GALV. STEEL ANGLE. MITER 6 BUTT WELD CORNERS 3/8"13IA. FIN 4 12, O.C. MC BX20 STEEL CHANNEL AT ALL FOUR SIDES LINE OF BUILDING BLOCKING AT WOOD AND METAL STUD WALLS 1 /2` DIA- METAL BOLT AT EACH END CHANNEL WITH DOUBLE NUT AT CHANNEL FLUSH FINISH AT TOP OF STOREFRONT 1 /2' DIA. ROD - THREAD TO 3/8' DIA, AS SHO%N 16 GA. PERFORATED SHEET METAL SCREEN E. Wall Cleat At Metal Awning CONNIECFION M STRUCTUP.AL T 8"%8'x3/A6 STEEL BASE PLATE BASE PLATE LEVATIQN ..S — LINE OF FIN1511 F. Base Cleat At Metal Awning 1 1/2" CIA. STEEL KQ ) CLEVIS NO. 3 1 /7' TOP 6 BOTTOM - 2" DIX PIN W/ NUT ON to ONE SIDE, COTTER PIN 45o r AT OTHER SIDE. C4 f / 3/4' PLATE WITH ti 2 1/1V PIN HOLE WELD PER STRUCTURAL �- — TOP OF CHANNEL AND TUBE 2 7l8' 1 5 � 114 IV. Window Glazing Tubelite Aluminum Glazing #14000 series 110 or C1 C "D°e s Y g n, .I.e C. Page PARNMc cucuurlox RET^'L STORE GROSS FLOOR AREA " ADJACENT PROPERTY SOLID CMU WALL -2'3"FT HIS ;_21 -.�(EJ ZBOG EF NUMBER OF PA —REQUIRED: 1Tp-p- I I SPLITFACE LIGHT` BROA ' POWER -RETAIL FAE1L 1S II I D 1 SOLID CMU PERIMETER WALL-6FT HEIGHT- SPLITFACE LIGHT BROWN TEXTURE -SUBTRACT FUEL IGLANO PPRKING4 (E)PROPERTY LINE PROPERTY LINE ® —NO. ER OF PPRKINGS REQUIRED 9 '. II = 0 0 0 0 0 0 0 0 o 0 o P o 0 0 /SIGHT TOTPLNUMBEROFPARKINGS I I .LANDSCAPE TRIANGL d I 1 POLE POLE• PROVIDED: 11 m j]�FFN -e STANDARD -2 STANDARDIREPLACING 1 1 y MOUNTED MOUNTED 5'-, LIGHT REMOVED PARKINGS FROM ADJACENT NOTES: 1\burp 40'xi6'MINTRASH STAGING AREA -"LIGHT ED / FIXTURE FIXTURE -1 AnnvaN AcccsslBLE 1. REFER TO PAGE C-2 TOPOGRAPHSURVEY FOR EXISTING TOPOYC GRAPHY, WITHIN THE PUBLIC RIGHT- 1 -UNLIMITED HEIGHT CLEARANCE-Q�Wz E II 31 :(•"� O m.< oU w z F y LL wOGV ¢-_„ NOTES NO FREESTANDING SIGNS OR - VISUALOBSTRUCTIONS HIGHER THAN OF -WAY, ALONG THE O 32'-fi' II C rcl '(n L FUEL TANKS MAN E— `" >,ao w=:a 2SAREAILOVEDWRNINTHE DRIVEWAY SIGHT TRIANGLE. PROPERTY FRONTAGE AND WITHIN THE PROPERTY m — - — f - x'i \�' MINTHRoaiDlsrnncE O Qww >�� ee _ W J Q O - NO FREESTPNDING SIGNS OR LINES. I I p-o• x om �owmrc VISUAL DESTRUCTIONS HIGHER THAN 2.5'AREAILOWED wIIHIN rNESTREET 2. LOCATION OF EXISTING AND NEW WET AND DRY UTILITIES 1 1 w �= Fr CORNER SIGHT TRIANGLEIERSANTA ANA MUNICIPPL CODE SECTION 3fid5 $HEWN ON PAGE C'-38 C-0. ❑ I ILL/Ijl'U\ -- t5'0" FUEL pU ❑O wZ3 w TO3fi<T1. 3. REFER TO PAGE C4FOR PROPOSED SITE DRAINAGE 1 I� \ / 1 11 1 Illlq� 4"MIN. CONCRETE SLAB - -_ I m = S IONS IN FRONT OF TRASH ENCLO RE WALLI Z PLANS. = 0 MOUNTED p;lo—NSFORMER^ \ / 1 1 ARKIIJ lLI RE I-ACONEDDRIVEWAYSTOBE REPLACED WITH SIOEWPLK, CURB AND curtER PERCIn 4. EASEMENT AGREEMENTS 1 /III\� VAN PPD-Fuuv /SIGHT � CANOPY AREA 160 SF FULLY \ / 1 LIGHT � b / s (ANGLE wV. O STANDARDS. REQUIRED GRINDING AND CAPPING FORPARKING10,11AID LLI DRIVEWAY ACCESS FROM 1 x FIXTURE TRMSTREET m MIN. CANOPY HEIGH 15'3" ROOFED I1 (>13FT FUEL TRUCK MAX.H H. = TRASH NEWS �NNUi ' x•:. zb Q - OF MINIMUM OF2'S'OF THE EXISTINGAC PAVEMENT FOR CURB ppIpCENT PROPERTIES WILLa BESUBMITTEDASSEPARATE O I I ENGLG$URE �i i �nl\� - SEE ELEVATION SHEETS \ / 1 I 1 13'-4' fi' 0" LL ul/�= 3 2 i �C 51o'L7`, LANEALGNGTHEPRGPERTY FRO NTAGEONTUETINAVENUEAND FOLDER TO THE CITY. \ / 1 I 1 It B al _ 4YD 4YD _ =5'-0' 12'- 11 I/ \III - Z$ FJO" EANTACLARAAVENUE.PAVINGMAY BE ROQEIMRED DURRNNG STREET EL /\III I- - T �\ II1\\ O IIIU: 9 E)TREE= J a ,, z- m m<- cK IF unLn CUTSARENEPO E—ND THESE Z 11 3 E S L A 1 I x AIR/W. MACHINE _ TO BE wl/ � w <' iZo,, (� LIMITS. w _ w /ml\` REMOVED- I IRE s'-p ,DI E AIR( WATER __`;, �, 1 \\` rc -wlm1 Q -10'-0'RIGHT-0E- IRREVGGABLF (,) --li ��ry - UIIN\� I 1 Im $ STATION _ 6'-5' w W vxrc r OFFER TO BE DEDICATED TOTHE CITY OF SANTAANA FOR FUTURE STREET Q I 1 W UIII/� S\1111//� z TILITY SWITCHGEAR D- �F.Z 3 w., W:waw Z Q PURPOSES, Q 1 a ice= O � � - BOX (Oj GROUND "� Q /lll� /lll\\V D.:. W SW�O'- U� 'As V, -REMOVE EXISTING—OCT RADIUS RETURN CURB RAMP AT SOUTHWEST EENTOSTINAVEAND (E)2 PARKING STALLS TO BE Q 1 ' f E FLOOR (J U TRASH _ a 1111/� �1111/ I1 ❑ /SIGHT 4 U)' .Q N a.. ..z. O W W`, •O'f SCORNER ANTACAGA sANTACLARA AVEAND REP LACE WITH NEW CURB RAWITH 2SFOOT RADIUS RETURN PER D REMOVEDAND B REPROPOSED AS o LLARDS I RIANGL C LLEC N ,- ❑ o , VE LE —' LL RETAIL STORE 'nm �= N '��Q�• sTANDAFIEREETRIPETNE ADDITIONAL PARKING IO II I 5''0" �, l ❑ NUS= Z wllo z o� n CROSSWALK AT THE INTERSECTION. IF APPLICABLE, INSTALL THE AND II. THE REPLACEMENT OF-- c - - Q 'p ) Z J PEDESTRIAN CALL BUTTON CLOSER IS RECORDED BY MEANS EASEMENTAGREEMENT�I _ /l J "i Z WALL q0•.0" - fi'-0" 0 O 5 F rc W TOTHE CURB. -uLTRAFFIC IMPACT ANALvsIs lnA) DATED 07.09.2019. (N)ACCESS ,MOUNTED \NUS wlp� , - r - LIGHT /� �1// DRIVEWAY - HVAC LOCATION ON ROOF -DECK 0 11 "- - w RECOMMENDATIONS WILL BE I R TO THE .,,%/,-Ow FROM FXTUR NN` llll\\ at W dm�a';', BUILDING PERMIT, GGLEL ATTHE DEVELOPER'SEXPENSE. O �, ADJAC T \IIU� \IIIN \\1111/� m LOADING ON � '" PRO RTY �I\ .:.'OW•Y xW�". U -INsrnuz4'BGXBTEETTREESAT ' WI SPACE TYPE CONS rRUCTION 'I �l'I\ •`0 g�2,o'' cTUSTIN R clmAnD SANTA cLAGRAN nvENUEON GROUPMOC OCCUPANCY -^; a i A o: aWaZ sTANDARDSANDAPPROVED—LAS NEEDED" DRIVEWAY ACCESS THROUGH SPRINKLERS STEM PROVIDED D A m : <Om< SERVICE ESTABLISHMENT ADJACENT RECORDED PROPERTY AND B. 1 11 11 It 11 I FIRST FLOOR 1,952 SF A 952 SF BY MEANS OF 'IQ z�N -NOFOOD ESTEA&ISNM IS PROPOSED IN THE EASEMENT 1 I 1 1 1 1 1 1 1 II a MEZZANINE AGREEMENT DATED \111U//, 11 10 9 8 ] 6 07.09.2019.. 1 1 1 / 1 1 1 1 1 1 1 1 I BICYCLE {300 >O¢�?-' •AED FUTURE. IMUST COMPLYWNHTHE CITYSORDINANCE NO. N626]0". P TOTAL 2,600 SF \III �lll1\ 1 1 1 1 1 I I IS l l 1 1 I RACK /�lllN�'7n11\�j// ZT.+:°. -THE BMPs, SHOWNONTHE APPROVEDSIIE PLAN AREONLY ,}, I /POLE MOUNTED '-1T 1 1 1 B' -6' B-B' B'-6" B'-6' 3tl G. _ \ 1111/�- d LIGHT FIXTUR III W.O.mr., �,�Qy: •, "' PRELIMINARY AND WILL BE REVISED OR MODIFIED AS NECESSARY UPON \� I I 1 m 1 / 1 1 1 1 I 1 I 1 1 6 �p PROPOSED 6"PVC SEWER LATERAL COMPLETION OF THE WQMP. PRIOR TOTHE ISSUANCE OF THE GRADING PERMrt, THE APPROVED -\IIIU, I I 1 1 11 11 11 11 1/ I I 1 I \\� F PROPOSED � / N4i /nn 5' AWAY FROM SEWER LINE BUILD N STUB GRADINc1UTI—PLAN SHALL INCORPORATE ALL REQUIRED / b I O L E I I llll\� 11 D T A Y OWERP L ETRUCTURALBMP I BOLLARDS LN CTEDI coos ILINACCGRDNH ANCEW THECAL FORNIAREGIONALWATER QUALRYCONIROLBOARDSANTAANA 15' 0 / UIII/, \UII U� \\ III/� \�, \\UIII/"Ni \\IIU, UIII/�, II/� \III/� UIII/� UIIU, \I1U, \IIII� \III/� � \ III/� UI i `���. `�� `��. `\\1111// 3w: I - - = - = _ = _ = \� , \ =, = = = \_ FREESTANDING SIGN P INQ\ yy ,SIGHT//l1\\�'/ \r '/ \� ' '/I' 1 '/l{'l �A \\r // r %�'%lc/lI �/ a AIMS%llll\�%llll\�/llll\� %ll\\� �UIISEE PAGE L wu�, It nu\` nm` ID` R N n N` n �\ (IVY s F� TSTEWLBEDESIGNEGAD '°. '• REGIONORDER No R62009 W DIGGHARGEREQUREMENTBIMsd _ Aµp �IIIV� - TRIANGLE _ (N)24" BOX STREET TREES FF'' F J = / _ "INu, �A< T-3' 2p-d' 23 B" Try J PERMRI. IIN� 1\� II\\ = 1111/� 3,- - 15 FT MAXTURNING RPDIUS FORAN / _ __ __ __ __ P ` .TRAFFIC50 INTER STATESEMIRWLEROFIENGTH 69FT. _ __ __ _____ �111\A \\\` /ll �II1\� /l '/II %l %I 01III\\\ %l %l %l % \_ \�\\ illll\^ �IIIN� //IIIN IIIN� GOLF ,•r3. IIIN IIIN llll III1 ,:.,1.•.,, .•. ..`.. c -PAVNGMAYBEREQUIRED DURINGOV O (FUTURE) PROPERTY LINE 10'IRREVOCABLE OFFER OF DEDICATION FOR (N)PROPERTY LINE R LINE 101RREVOCABLE OFFER OF • SIGHT ) % STREETIMPREMENTPLANCHECK IF UTILITY CUTS ARE NEEDED FOR NEWOT—SERVICE. O FUTURE STREET PURPOSES AFTER DEDICATIONFROM W DEDICATION FOR FUTURE STREET TRIANGLE b b i BUILDING Q PURPOSES S 4 -INSTALLSTREETUGHTSALONGTHE FUEL PROPERn FRONTAGEON TUSTIN AND DISPEN N (E)PROPERn LINE a A}Q SANTACLPRAAVENUES,PERTYPE OF LIGHT Arvocln srANDARos. VEHCL .' (EXISTING)PROPERTV LINE US STATION BENCH 'REMOVE PROPOSED( -• 2 ° REMOVE AND REPLACE DRNEWAY PER CITY STANDARDS. n ExISTING27K ;, AND RECONSTRUCT DAMAGED SIDEWALK PANELS °CRBTFSJDRN" ALK _. .(E)BUS STOP -`• ,ALONG THE PROPERTY .,, ''f-: SIGN;'--�O (E)ST^ RA1NM11t1NH(iJ,E FRONTAGE`;, WATERLINE JQ���60Q.0 �yoyy POD cu.cuureD wAsrE AxD REcvcLABLE srORAGE,wEA WASTE STORAGE AREA REQUIRE &SF 3'-P p 18" R.C.P. STORM DRAIN LATERA rc PLACE (N WASTEsroRA RGVI &EAREAPDED: n. o. e, LEGEND (MIN Sox CRS— TABLE MArenw1S) "ITT TURN ONSIGN "I". D.I. WATER LINE ® SURFACE TO UNDERGO GRINDING AND CAPPING M SIDEWALK TUSTIN AVENUE (E)TRAFFIC POLE ® PEDESTRIAN WALKWAY FI LANDSCAPEAREA 60"R.C.P. STORM DRAIN LINE ON TUSTIN AVENUE CENTERLINE -TRASH COLLECTION TRUCK WITH MIN. TURNING RADIUS OF 42', TRUCK LENGTH OF 30 AND WIDTH OF 9'. FOR FUEL SUPPLY CIRCULATION PATTERN, SEE PAGE T-02. NOTE; - MINIMUM 40' x 1S WIDE STAGING AREA SHALL BE AVAILABLE ON SERVICE DAYS FROM SAM TO 6PM; 10'-0" RIGHT-OF-WAY IRREVOCABLE OFFER TO BE DEDICATED TO THE CITY OF SANTA ANA FOR FUTURE STREET - MINIMUM VERTICAL CLEARANCE OF 25' AT THE STAGING AREA FOR BIN SERVICE CLEARANCE; PURPOSES. - MINIMUM 13' VERTICAL CLEARANCE FOR SCOUT TRUCK; 25'X25' CORNER CUT-OFF DEDICATION TO THE CITY OF SANTA ANA FOR STREET PURPOSES. -ALL STAGING AREAS ARE TO BE ONSITE. NO STREET STAGING IS PERMITTED; FOR LIGHTING FIXTURE DETAILS, SEEPAGE A-10. - ALL DRIVEWAY AND STAGING AREAS MUST BE ABLE TO SUSTAIN A MINIMUM GROSS WEIGHT OF 61),.000BS PER VEHICLE; MAXIMUM TOTAL STREET FRONTAGE IS 290.25FT, PER SAMC SECTION 41-862 ONLY ONE FREESTANDING SIGN IS ALLOWED. WWW.MOBMLCOM MANAGEMENT OF BUILDING,BRIDGES, INFRASTRUCTURES 8 LANDS z o I= i � � inw o �o OQROFESS/ON9 QF' BEHROLE C� BOZORGNIA C79581 K A CIVIL �$ 9rFOFCAI\�� = O N GO to N jm O U z Go Q Z Z �Q H z LL H NN ~ N W w K Z O O O a Z J IL Lll DATE I. — SHEET A-03 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) I I Santa Ana, CA 92702 (714) 647-5804 I. OWNER/APPLICANT Applicant FARZ, INC. & Fred Cohen Full name of Person, Firm, or Corporation 390-0886 1201 S. Brookhurst Street, Anaheim, CA 92804 (714 ) Mailing Address Area Code Phone No. Legal Owner (dame: FRED HEINECKEGOULD PROPERTIES LLC Legal Owner Address: 47 Marbella San Clemente, ca 92673 Phone No.: (390 ) 650-8336 II. PROPERTY INFORMATION Land Use VACANT(APPROVED FOR GAS STATION IN 2020) C5 Existing Land Use of Property and/or Building Location 2230 N. Tustin Avenue, Santa Ana, CA 92705 Street Address Fax: ( ) C5 Zoning District General Plan Designation SANTA CLARA Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) SEE ATTACHED Applicant' cm\cntr-frm\appeal 5/00 +Date: 07/05/2023 NO. �LU 1 j SUBMITTAL REQUIREMENTS 1. An appeal application form (Exhibit 1). 2. A letter stating the nature of the appeal (in lieu of the space provided on the appeal form). 3. The application fee. 4. Any other pertinent information that the application warrants. ,Tel R1\ —11UT, MCT # 66420 TO: Finance & Management Services Agency Thursday, July 6, 2023 FROM: Planning and Building Agency �ducatioti 1sc SUBJECT: Miscellaneous Cash Transaction All fees are subject to change at any time and may also be affected by scheduled adjustments on July 1 of each year. The Payee must pay the prevailing rate at the time payment is made. 'ROJECT NAME: Tustin Service Station MASTER ID # 2017-137796 'ROJECT ADDRESS: 2230 N Tustin Ave, Santa Ana, CA 92705 AP # 396-341-06 4pplication # APPL-2023-6-APC Permit # ISSUED TO: Fred Cohen CJC Design Inc. ADDRESS: 22485 La Palma Avenue, Suite202 Yorba Linda, CA 92887 ITEM DESCRIPTION QTY UNIT RATE AMOUNT FUND NO. 1 Appeal (Applicant) 1.0000 $4,944.00 $4,944.00 01116002 53606 a v . '2 .' .,l .. .. < F•ttt;r. i�>t�'r._ �': -- 1.`af�.t#:tom:. E .lG%�. rLIZAk•E _, ;.i71 I,'t_F ..l �r l'i I f't7.rt :�iru x f. i. i.ti 1, VtcP t.m ##aax:+SrrJ.. } f; ?;'20.e3 i i l' t'l Tr'c7nt7+%ii,#", Ti,t:��I E LI'a i Ill :'iE.G:.'I ' S T (t..l 3 Cif Comments: Issued By: Santana, Cristian (Planning and Building Agency) NOTES: For payment to be considered complete, a Miscellaneous Cash Transaction (MCT) must be paid in full. Applicant must return to Planning with stamped cashier validation of the paid MCT for closure in the Planning system. TOTAL MCT AMOUNT. $ 4,944.00 GL Account # Total 01116002 53606 $4,944.00 Page 3 of 3 2107 N. Broadway, gulte 106 Santa Ana, CA b BLAKE 6 AYAZ July 5, 2023 Delivered in Person Jennifer L. Hall Santa Ana City Clerk 20 Civic Center Plaza, M-30 Santa Ana, CA 92701 3 Re: GROUNDS FOR APPEAL Conditional Use Permit No. 2019-41-MOD-1 and Conditional Use Permit No. 2023-03 Ms. Hall: Please allow this correspondence to set forth some of the grounds to appeal the decision made by the Planning Commission at its scheduled hearing on June 26, 2023 with regard to the above entitled matter. GROUNDS TO APPEAL 1) Findings cannot no do support the decision of the planning commission; 2) Facts relied upon by the decision body are not supported in the record 3) The manner in which the hearing was conducted along with the actions of several planning commissioner violated the law, to include but not in any way limited to the applicants constitutional rights, the Brown Act, the Santa Ana Municipal code and various legal and binding precedents of the state and federal courts; 4) Grave procedural errors including but not limited to requiring applicant to file an appeal without providing a written determination of the city's decision, to include factual analysis and/or findings; 5) Decisions was not based on land use principals or laws; 6) The planning commissioners failed to consider applicant's testimony and evidence, rather they had made up their minds well before the hearing even took place; 7) Planning Commission failed their duty in remaining neutral and unbiased in the decision making; 8) There was no evidence either substantial or circumstantial provided at the hearing to support the Planning Commission's decision to deny applicants application; 8) and any other grounds based on review of the entirety of the record to include, July 5, 2023 Page 12 once actually prepared received by the city, the actual written determination/decision which as of the date of the filing of this appeal has not been provided to applicant. Sincerely, F. Michael Ayaz Attorney At Law Applicant S RESOLUTION NO. 2023-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND DENYING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of modification to Conditional Use Permit (CUP) No. 2019-41 to facilitate the construction of a new service station and convenience store located at 2230 North Tustin Avenue. B. Applicant is also requesting approval of Conditional Use Permit (CUP) No. 2023-03, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k- 12) or residential zones in the Arterial Commercial (C5) zoning district at 2230 North Tustin Avenue. C. Santa Ana Municipal Code ("SAMC") Section 41-424.5(f) requires approval of a CUP for service stations within the Arterial Commercial (C5) zoning district. D. Santa Ana Municipal Code ("SAMC") Section 41-199.4(a) requires a conditional use permit for any use that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances that is located within 500 linear feet of a public park, school (K-12) as defined in section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes. Resolution No. 2023-20 Page 1 of 6 E. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site. F. On December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones to obtain a CUP (Ordinance No. NS-3038). G. On June 20, 2023, the City Council adopted an ordinance amending various sections of Chapter 41 (Zoning) of the SAMC, which include Section 41- 199.4 Noxious uses, to expand the distance measured from subject properties to the closest point of any public park, school, or property used or zoned for residential purposes from 500 linear feet to 1,000 (Ordinance No. NS-3044). H. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single -story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations. Based on the date on the application, the project is subject to Ordinance No. NS-3038 and subject to a 500 linear foot separation requirement instead of 1,000 linear feet. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve both CUPs for this project as set forth by the SAMC. J. On June 26, 2023, the Planning Commission held a duly noticed public hearing for modification to CUP No. 2019-41 and CUP No. 2023-03. K. At the public hearing, the Planning Commission received a report and staff presentation, as well as public comments, for modification to CUP No. 2019- 41 and CUP No. 2023-03. During the public hearing, representatives of the adjacent property at 2112 East Santa Clara Avenue, as well as community members consisting of residents, representatives and parents of children attending the neighboring child-care facility, spoke in opposition of the project. The comments in opposition were regarding concerns about the potential environmental and operational impacts of the new service station on the surrounding area. L. After receiving a staff presentation and public comments regarding the changes to the project, the Planning Commission voted to adopt a resolution denying modification to CUP No. 2019-41 and CUP No. 2023-03, providing two findings for denial pursuant to SAMC Section 41-638. The proposed motion passed with five votes in favor and two against. Resolution No. 2023-20 Page 2 of 6 M. Staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission on the consent calendar of the regularly scheduled August 28, 2023 meeting to affirm the action to deny the subject applications, which took place on June 26, 2023. N. The Planning Commission determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Sections 41-638 and 41-645, cannot be established for modification to CUP No. 2019-41 to allow the construction of a new service station and CUP No. 2023-03 to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k- 12), or residential zone, at 2230 North Tustin Avenue in the C5 zoning district: 1. That the proposed use will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed project will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The location of the proposed service station is within the vicinity of an existing child-care facility and a residential neighborhood. The proposed use will introduce potential health impacts to occupants and owners of surrounding properties, including staff and children of the adjacent child care facility. As part of the proposal, potential impacts onto surrounding properties, including the adjacent child care facility, from health risks, air quality, and noise were not addressed or evaluated to the satisfaction of the Planning Commission, and the proposed project modification does not contribute to enhancement that addresses these topics. These findings support several goals and policies outlined in the General Plan. Goal 1 of the Conservation Element ("CN") supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. The proposed project will not improve local air quality as the regular operations of a service station are associated with the management of hazardous substances. Policy 1.5 of the Conservation Element encourages the study of impacts of stationary and non -stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks as well as developing and adopting new regulations avoiding the siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. The proposed project does not minimize health and safety risks that can contribute Resolution No. 2023-20 Page 3 of 6 to increased pollution near sensitive receptors. As stated earlier, as part of the proposal, potential impacts onto surrounding properties, including the adjacent child care facility, from health risks, air quality, and noise were not addressed or evaluated to the satisfaction of the Planning Commission. Goal 2 of the Safety Element ("S") supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. Policy 2.6 of the Safety Element supports the determination of the presence of hazardous materials and/or waste contamination prior to approval of new uses and require appropriate measures be taken to protect the health and safety of site users and the community. The proposed project will not take appropriate measures to protect the health and safety of the surrounding community. The project, including the proposed reconfiguration of the site, fails to contribute to a stronger protection of local air quality, minimizes environmental impacts associated with the business, and will be detrimental to the existing community. 2. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The service station will adversely affect the economic stability or future economic development of properties in the surrounding area. The existence of a service station near a child-care facility, including secondary impacts resulting from fueling operations, fuel deliveries, and convenience store deliveries, will create noise and vibration impacts on surrounding properties, including the adjacent child care facility therefore negatively impacting business operations of the adjacent properties. These findings support several goals and policies outlined in the General Plan. Goal 1 of the Land Use Element ("LU") encourages a land use plan that improves quality of life and respects our existing community. Policy 1.1 supports the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed project land use is not compatible with the surrounding community. Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana's diverse needs. Policy 2.2 of the Land Use Element encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. The proposed project is located Resolution No. 2023-20 Page 4 of 6 near four other service stations within a half -mile area and will contribute to an overconcentration of the service stations in the area. Policy 2.7 of the Land Use Element supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. The proposed project will contribute negatively to a neighboring existing business. Policy 3.7 of the Land Use Element promotes a clean, safe, and creative environment for Santa Ana's residents, workers, and visitors. The proposed project may also contribute to the increase in presence of the unhoused population in the area and near a child care facility as well as residences. Goal 4 of the Mobility Element ("M") coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Policy 4.9 of the Mobility Element supports the utilization of land use, building, site planning, and technology solutions to mitigate exposure to transportation -related air pollution, especially in environmental justice focus areas. The proposed project will contribute to the increase in vehicular traffic in the area and negatively affect the surrounding businesses. Section 2. 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, 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 the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing on June 26, 2023, hereby denies modification to CUP No. 2019-41, and denies CUP No. 2023-03. Resolution No. 2023-20 Page 5 of 6 ADOPTED this 26t" day of June 2023 by the following vote. AYES: Commissioners: Carl Benninger, Manuel J. Escamila, Christopher Leo, Jennifer Oliva, Bao Pham, Isuri Ramos, Alan Woo (7) NOES: Commissioners: (0) ABSENT: Commissioners: (0) ABSTENTIONS: Commissioners: (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 9 �� John M. Funk Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 26, 2023. Date: 9/26/2023 /t%v-z� OL�- Nuvia Ocampo Recording Secretary Resolution No. 2023-20 Page 6 of 6 City Response to Blake & Ayaz on behalf of Fred Cohen and Farzi Inc. LLC Appeal No. 2023-06 Comment 1: This comment states that the Planning Commission's decision does not support the findings required to deny a Conditional Use Permit (CUP). Response 1: During the meeting, the Planning Commission verbally provided multiple findings as required by SAMC Section 41-638 to deny modification to CUP No. 2019-41 and CUP No. 2023-03. The findings presented by the commission include the following: The Planning Commission determined the proposed project was unable to support Finding No. 2 outlined in Section 41-638(a)(1)(ii) of the SAMC, 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 Planning Commission found that the proposed project could not definitively determine the environmental impact on the health of the surrounding community. Multiple General Plan goals and policies support this inability to make this finding. Goal 1 of the Conservation Element ("CN") supports the protection of air resources, improved regional and local air quality, and the reduced impacts of climate change. The proposed project will not improve local air quality as the regular operations of a service station are associated with the management of hazardous substances. Policy 1.5 of the Conservation Element encourages the study of impacts of stationary and non -stationary emission sources on existing and proposed sensitive uses, and opportunities to minimize health and safety risks as well as developing and adopting new regulations that avoid siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. The proposed project does not minimize health and safety risks that can contribute to increased pollution near sensitive receptors. The applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment or air quality assessment were not provided with the application. Goal 2 of the Safety Element ("S") supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. Policy 2.4 of the Safety Element supports the identification of the hazardous materials and/or waste contamination prior to approval of new uses and require appropriate measures be taken to protect the health and safety of site users and the community. The proposed project will not take appropriate measures to protect the health and safety of the surrounding community. The project, including the proposed reconfiguration of the site, fails to contribute to a stronger protection of local air quality, minimizes environmental impacts associated with the business, and will be detrimental to the existing community. The Planning Commission determined the proposed project was unable to establish Finding No. 3 outlined in Section 41-638(a)(1)(iii) of the SAMC, that the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The Planning Commission found that the proposed project would negatively impact the economic stability and future development of adjacent properties of the surrounding area. Specifically, the proposed project would impact the Exhibit 8 Page 1 of 4 City Response to Blake & Ayaz on behalf of Fred Cohen and Farzi Inc. LLC Appeal No. 2023-06 long-term operations of the adjacent child-care facility by the impact of increased traffic congestion, management of toxic substances onsite, and increase in the presence of members of the unhoused population. Multiple General Plan goals and policies support this inability to make this finding. Modified conditions of approval that can address this inability to meet this finding may be included upon the discretion of the City Council which support consistency with goals and policies of the General Plan. Goal 1 of the Land Use Element ("LU") encourages a land use plan that improves quality of life and respects our existing community. Policy 1.1 supports the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed project land use is not compatible with the surrounding community as it is adjacent to sensitive land uses such as a child-care facility and near residential uses. Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana's diverse needs. Policy 2.2 of the Land Use Element encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. The proposed project is located near four other service stations within a half -mile area and will contribute to an overconcentration of the service stations in the area. Policy 2.7 of the Land Use Element supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. The proposed project will contribute negatively to a neighboring existing business. Policy 3.7 of the Land Use Element promotes a clean, safe, and creative environment for Santa Ana's residents, workers, and visitors. The proposed project may also contribute to the increase in presence of the unhoused population in the area and near a child care facility as well as residences. Goal 4 of the Mobility Element ("M") coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Policy 4.9 of the Mobility Element supports the utilization of land use, building, site planning, and technology solutions to mitigate exposure to transportation -related air pollution, especially in environmental justice focus areas. The proposed project will contribute to the increase in vehicular traffic in the area and negatively affect the surrounding businesses. Comment 2: This comment states that the Planning Commission relied on facts not supported in the record. Response 2: The Planning Commission, during the meeting, reviewed the staff report and expressed concern that report did not include information such as data -proven metrics that would indicate the proposed project would not be detrimental to the surrounding community. Moreover, several community members spoke during the public hearing, at which concerns were raised with the proposed project. Concerns regarding the station's health, economic, traffic, and safety impact on the adjacent child care facility neighborhood were discussed. Other concerns regarding overconcentration of service stations and the long-term effect of the permanent presence of the unhoused population in the area. Lastly, as part of the proposal, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment, air quality assessment, or noise study were not provided with the application. Exhibit 8 Page 2 of 4 City Response to Blake & Ayaz on behalf of Fred Cohen and Farzi Inc. LLC Appeal No. 2023-06 Comment 3: This comment states that the manner in which the Planning Commission conducted the hearing and the actions of several planning commissioners violated the Brown Act, Santa Ana Municipal Code and various legal binding precedents of state and federal courts. Response 3: The Planning Commission public hearing was held in accordance with the Brown Act, Santa Ana Municipal Code, and all applicable State laws. Moreover, the appellant did not identify or reference what City/State codes or legal court cases were violated to support the comment. Comment 4: This comment states that procedural errors including but not limited to requiring the applicant file an appeal without providing written determination of the City's decision, to include factual analysis and/or findings. Response 4: The Planning Commission provided verbal determination on the findings of denial, as supported in the record. Additionally, a full recording of the meeting is publicly accessible via the City's website and was posted online the next business day. Comment 5: This comment states that the Planning Commission's decision was not based on land use principals or laws. Response 5: The Planning Commission's decision was based on required land use standards outlined in the SAMC, which are required to be made to support granting of a conditional use permit application. This comment is similar to comment 1. See Response 1. Lastly, the appellant did not identify or reference any specific standards in the appeal application. Moreover, on the October 3rd City Council meeting, staff presented three recommendations for the council to consider. Action No. 1, original analysis of the project led to a recommendation to approve the requested entitlements based on the factors presented in the June 26, 2023 Planning Commission staff report (Exhibit 9). Action No. 2, the City Council may approve the applicants appeal and overturn the Planning Commission's June 26, 2023 decision to deny the project, based on the analysis presented during the June 26, 2023 staff report (Exhibit 9). Action No. 3, the City Council may approve the project as originally recommended by staff, but with modified conditions set forth by the discretion of the City Council which are consistent with goals and policies outlined in the General Plan. Comment 6: This comment claims that the Planning Commission failed to consider the applicant's testimony and evidence, and the commissioner's decision was predetermined before the meeting was held. Response 6: The appellant was given up to 15 minutes to speak during the meeting and was allowed to respond to several questions the commissioners and public posed regarding the project. The appellant does not provide any further justification for the claim of predetermined decisions. No written communication or other evidence has been provided to support this claim. Comment 7: This comment states that Planning Commission failed in their duty to remain neutral unbiased in decision making. Exhibit 8 Page 3 of 4 City Response to Blake & Ayaz on behalf of Fred Cohen and Farzi Inc. LLC Appeal No. 2023-06 Response 7: This claim is similar to that made in Comment No. 6. No evidence claiming otherwise was provided. Comment 8: This comment states that the Planning Commission reviewed no evidence either substantial or circumstantial to support their decision to deny the applicant's application. Response 8: The Planning Commission provided verbal comment that the provided staff report was insufficient in providing verified metric studies conducted by the applicant to ensure the site could mitigate the effects of regular operations of the service station on the surrounding community. Moreover, several community members spoke during the public hearing, at which concerns were raised with the proposed project. Concerns regarding the station's health, economic, traffic, and safety impact on the adjacent child-care facility and neighborhood were discussed. Other concerns regarding overconcentration of service stations and the long-term effect of the permanent presence of the unhoused population in the area. Lastly, as part of the proposal, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment, air quality assessment, or noise study were not provided with the application. Comment 9: This comment claims that the Planning Commission provided no written determination/decision which as of the date of filing had not been provided to the application. Response 9: This comment is similar to comment 4. The Planning Commission's determination was supported by the making of two findings, which were verbally mentioned in the record. Additionally, the recording of the commission's determination/decision is publicly available via the city's website the following day. The Planning Commission voted 5:2 to approve the denial of modification to CUP No. 2019-41 and CUP No. 2023-03. On the regularly scheduled August 28, 2023 Planning Commission meeting, staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission to affirm the action to deny the subject applications, which took place on June 26, 2023. Exhibit 8 Page 4 of 4 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report June 26, 2023 Topic: CUP No. 2019-41-MOD-1 and CUP No. 2023-03 — New Service Station at 2230 N. Tustin Avenue RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2019-41-MOD-1 as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2023-03 as conditioned. EXECUTIVE SUMMARY Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of a Conditional Use Permit (CUP) modification and a new CUP to facilitate construction of a new service station and convenience store located at 2230 N. Tustin Avenue. The applicant is requesting a CUP Modification pursuant to Section 41-424.5 (f) of the Santa Ana Municipal Code (SAMC) to allow a service station in the Arterial Commercial (C5) zoning district, and a Conditional Use Permit pursuant to Section 41-199.4 (a) to allow the operation of a land use that requires a permit from a regional, state, or federal agency to handle, store, emit, or discharge regulated compounds, materials, chemicals, or substances located within 500 linear feet of a public park, school (K-12) or property zoned for residential purposes. With this entitlement request, the applicant will be amending previously -approved CUP No. 2019-41. Effective December 20, 2022, a CUP is required for land uses that require a permit from a regional, state, or federal agency to operate, handle, or discharge regulated pollutants within 500 linear feet of a public park, school (K-12), or residential zones. As proposed, the project is requesting approval of a land use that would require the above -mentioned permits. Therefore, the applicant is applying for CUP No. 2023-03. Staff is recommending approval of the applicant's request as the proposed project will create a cohesive commercial development and provide additional services to residents, workers, and visitors in the area, while conditions of approval will reduce impacts onto surrounding properties. 6/26/2023 Planning Commission 1 — 1 CUP No. 2019-41-MOD-1 & CUP No. 2023-03 — Tustin Avenue Service Station June 26, 2023 Page 2 DISCUSSION Project Description The site was originally entitled for a new two-story, 2,600-square-foot commercial building with a first floor convenience store and office area on the second floor, as well as a 2,160- square-foot fueling canopy with eight fueling stations. The applicant is proposing modifications to the original CUP entitlement to allow construction of a new single -story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations. The site will provide five parking stalls, one handicap parking stall, and twelve fueling parking stalls for a total of eighteen off-street parking spaces, exceeding the required off-street parking spaces by one space. To facilitate access onto the site, an easement has been recorded on an adjacent property to authorize reciprocal vehicle access from Tustin Avenue. Moreover, a new driveway is proposed on the northern portion of the property, adjacent to the Santa Clara Avenue frontage. This driveway will be located within 150 feet from the intersection of Santa Clara and Tustin avenues (Exhibit 5). The street frontage along Tustin Avenue has been designed in anticipation of a ten -foot dedication to the City to allow for future street improvements along Tustin Avenue. The landscaped area along both street frontages (Tustin and Santa Clara avenues) will meet the minimum 15-foot requirement. The convenience store will operate between the hours of 5:00 a.m. and 12:00 a.m. (midnight) seven days per week. Should the business owner propose to offer additional hours of service for the convenience store, approval of a separate afterhours conditional use permit will be required. The architecture of the building has been designed to complement the adjacent shopping center to the south. The architecture, earth tone colors, cement plaster finishes, stone veneer, and the Spanish style flat roof, blends closely with other buildings seen along the Tustin Avenue corridor (Exhibit 5). Table 2 provides a detailed comparison of the project's compliance with the applicable development standards. Table 1: Project Location and Information Item Information Project Address & Council Ward 2230 N. Tustin Avenue — Ward 3 Nearest Intersection Tustin Avenue and Santa Clara Avenue General Plan Designation General Commercial (GC) Zoning Designation Arterial Commercial (C5) Surrounding Land Uses North Commercial (retail) East South West Commercial (childcare facility) Property Size 22,240 SF (0.51 acres) Existing Site Development The site is currently an undeveloped 22,240 SF vacant lot. Use Permissions Allowed with approval of a CUP 6/26/2023 Planning Commission 1 — 2 CUP No. 2019-41-MOD-1 & CUP No. 2023-03 — Tustin Avenue Service Station June 26, 2023 Page 3 Item Information Zoning Code Sections Affected Uses Section 41-424.5 f Operational Standards Section 41-431 Table 2: Development Standards Standards Required by SAMC Provided Front Yard 15 Feet Minimum Complies, 15 feet provided Side Yard (exterior) 15 Feet Minimum Complies, 15 feet provided Side Yard (interior) 0 Feet Minimum Complies, 0 feet provided Rear Yard 0 Feet Minimum Complies, 0 feet provided Landscape Area 15 Feet Minimum Complies: 15 feet provided Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies, 22,240 sq. ft. and 290 feet Building Height 35 Feet Minimum Complies, 24 feet and 6 inches Parking 17 18 Floor Area Ratio (FAR) 0.5 FAR Maximum Complies 0.23 FAR Driveways No entry way or exit way shall be located within 150 feet of any intersection corner radius Does not comply; driveway within 115 feet of the intersection corner radius variance required) Project Background The property has been vacant and unimproved for several decades. In 1996, a new service station proposal was submitted to the City but the site was not ultimately developed and remained vacant. A new multi -tenant commercial building was approved for construction in 2007, but the project was never constructed due to economic factors stemming from a subsequent economic recession. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for a proposal of a new service station and associated retail store on the subject site. The Planning Commission approved CUP No. 2019-41 and Variance No. 2019-05 to allow the operation of a service station in the C5 zoning district and to allow the construction of a driveway within 150 feet of an intersection, respectively. Since then, the applicant has proposed major revisions to the project, which would require a modification to approved CUP No. 2019-41. Moreover, on December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12) or residential zones to obtain a conditional use permit. The installation of the underground fuel tank would require a permit from an external public agency. As such, the applicant is requesting a secondary conditional use permit as part of this application. 6/26/2023 Planning Commission 1 — 3 CUP No. 2019-41-MOD-1 & CUP No. 2023-03 — Tustin Avenue Service Station June 26, 2023 Page 4 Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. Modification of Conditional Use Permit for Service Station Use The applicant is requesting approval of a CUP to allow the operation of a service station. The C5 zoning district allows for a range of commercial uses complementary to arterial roadways such as Tustin Avenue. Service stations in the C5 zoning district require approval of a CUP to ensure high -quality design and site planning that will not disrupt circulation and development patterns along such arterial roadways. The CUP also provides a means to ensure high -quality operations, site circulation, and to mitigate impacts on sensitive neighboring uses. Additionally, the SAMC requires specific standards for service stations, which are listed under Section 41-374. The City has reviewed the proposal to develop the site with a service station and has determined the project meets all SAMC development standards and Citywide Design Guidelines. The proposed site plan relocates the location of the approved fuel canopy from the southwestern end of the site to the northeastern end of the site near the intersection of Tustin Avenue and Santa Clara Street. The relocation of the fuel canopy increases the buffer between the project site and the adjacent school use to the west. The convenience store is proposed to be relocated from the northeastern end of the property to the south western end, adjacent to the western side property line. The convenience store and fuel canopy have been redesigned with high -quality architecture utilizing a combination of exterior materials and treatments. Architectural treatments such as stone & wood veneers, score lines, roof cornices, and decorative overhangs have been included in the overall design. This design is aesthetically harmonious and will be a complementary to the architecture of the surrounding developments. The relocation of the fuel canopy and convenience store will not create a negative visual impact onto surrounding properties. Moreover, any impacts stemming from operation of the service station, such as lighting and noise, will be addressed by the conditions of approval recommended for the project. The applicant's request for a CUP to allow a service station and convenience store will provide an added amenity to the property, for the employees who work in the vicinity and for the residents who live in the general area. In addition, the new use will activate the street corner and generate property and sales tax revenue for the City. The project will redevelop a vacant lot with a new building and enhanced landscaping, which will contribute to the overall aesthetics of the area. This will benefit the community by allowing the construction of an additional service use and retail building on a vacant lot that will provide additional conveniences for residents, visitors, and employees in the vicinity. For context, the two nearest service stations in Santa Ana are located approximately 0.45- miles to the north (Fairhaven and Tustin avenues) and approximately 0.45-miles to the 6/26/2023 Planning Commission 1-4 CUP No. 2019-41-MOD-1 & CUP No. 2023-03 — Tustin Avenue Service Station June 26, 2023 Page 5 south (Tustin Avenue and 17th Street). A third service station is located in the City of Tustin, adjacent to the State Route 55 freeway, approximately 0.58-miles to the southeast. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. Conditions of approval have been added to ensure the operations do not negatively affect any surrounding uses and to require a property maintenance agreement be recorded against the property, which will ensure that the property and all improvements are properly maintained. Additionally, the development will also meet sustainability measures pursuant to the California Green Code, such as providing solar photovoltaic panels on the roof and electric vehicle charging stations. Finally, the applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts to the sensitive residential land uses. Conditional Use Permit for Noxious Uses In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, parks, the City has adopted environmental justice policies and actions in its General Plan to amend use regulations and development standards. On December 20, 2022, the City Council adopted an Urgency Ordinance establishing Section 41-199.4 of the SAMC to require a conditional use permit for certain land uses of an industrial nature near sensitive land uses. Pursuant to Section 41-199.4(a), land uses requiring a permit from a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12) or residences are subject to approval of a CUP, which has since been amended to specify applicability to noxious uses within 1,000 feet of these sensitive land uses. The applicant's request for a CUP for a noxious use will not pose a significant environmental risk to the surrounding sensitive land use areas. As part of the project's analyses pursuant to SAMC Section 41-199.4, the City evaluated key topics, including toxic or noxious fumes; hazardous discharges; glare; electromagnetic disturbances; radiation; smoke; cinders; odors; dust or waste; undue noise or vibration; or other objectionable features that are detrimental to the public health, safety or general welfare, or that are damaging to the physical environment, neighborhood or community. The project site modifications consist of relocating the fuel pumps away from the adjacent property ensuring a larger buffer between the neighboring kindergarten and the fueling stations, relocation the convenience store towards the southwestern end of the site, further acting as a physical buffer between the fuel pumps and the adjacent kindergarten, as well as relocating the fuel tanks from the southwestern end towards the northeastern end of the site, reducing the impacts from the standard sources of emissions at service stations (i.e., service station infrastructure and vehicles visiting service stations). 6/26/2023 Planning Commission 1-5 CUP No. 2019-41-MOD-1 & CUP No. 2023-03 — Tustin Avenue Service Station June 26, 2023 Page 6 Additionally, the closest residential land use is approximately 120 feet to the west of the site. Therefore, the recurring and predictable sources of emissions would be limited. The service station will utilize the latest technology in full compliance with State laws designed to ensure safe operations of the service station and minimization of emissions of fumes. Conditions of approval has been placed to ensure a reduction in loading and breathing emissions, due fuel tanker truck deliveries and due to excess pressure released from the gas station vent pipe in the form of gasoline vapor emissions. In addition, the applicant through conditions of approval will be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment. Due to the site's location near sensitive land uses, such as the adjacent child care facility and residential zones, additional conditions of approval have been included to address any potential effects from vehicle idling, outdoor displays, onsite lighting, noise, vehicle maintenance, and the installation of temporary equipment. The service station will meet all emissions and air -quality requirements set by the California Air Resources Board (CARB). In addition, the site will propose high -quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the surrounding area. Finally, the Applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts on the sensitive residential land uses. This includes both the fuel pumps and the convenience store. General Plan Consiste Approval of this application will be consistent with the goals of the General Plan, specifically Goals 2, 3, 4 of the Land Use Element, Goals 1 and 3 of the Economic Prosperity Element, Goal 4 of the Mobility Element, Goal 1 of the Conservation Element, and Goal 2 of the Safety Element. The project is located within the General Commercial (GC) land use designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods. The granting of CUP No. 2019- 41-MOD-1 and CUP No. 2023-03 supports several policies contained in the General Plan. Goal 2 of the Land Use Element ("LU") encourages a balance of land uses that meet Santa Ana's diverse needs. Policy 2.2 of the LU encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. Policy 2.6 of the LU encourages investment and promotes rehabilitation of properties with increased levels of capital investment to create a safe and attractive environment. Policy 2.7 of the LU supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. Goal 3 encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. Policy 3.4 of the LU ensures that the scale and massing of new development is compatible and harmonious with the surrounding built environment. Policy 3.7 of the LU promotes a clean, safe, and creative environment for Santa Ana's residents, workers, and visitors. Goal 4 supports a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. Policy 4.3 of the LU encouraged land uses and strategies that reduce energy and water consumption, waste 6/26/2023 Planning Commission 1-6 CUP No. 2019-41-MOD-1 & CUP No. 2023-03 — Tustin Avenue Service Station June 26, 2023 Page 7 and noise generation, soil contamination, air quality impacts, and light pollution. Policy 4.6 of the LU supports diverse and innovative housing types that improve living conditions and promote a healthy environment. Goal 1 of the Economic Propensity Element ("EU") promotes the fostering of a dynamic local economy that provides and create employment opportunities for all residents in the City. Policy 1.2 of the EU promotes the strengthening and expand citywide business attraction efforts in order to achieve the city's full employment potential. Goal 3 of the EU promotes a business -friendly environment where businesses thrive and build on Santa Ana's strengths and opportunities. Policy 3.7 of the EU promotes a solution -based customer focus in order to facilitate additional development and investment in the community. Policy 3.8 of the EU pursues a balance of fiscal and qualitative community benefits when making land use decisions. Goal 4 of the Mobility Element ("M") coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Policy 4.9 of the M supports the utilization of land use, building, site planning, and technology solutions to mitigate exposure to transportation -related air pollution, especially in environmental justice focus areas. Goal 1 of the Conversation Element ("CN") supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. Policy 1.5 of the CN encourages the study of impacts of stationary and non -stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks as well as developing and adopting new regulations avoiding the siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. Goal 2 of the Safety Element ("S") supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. Policy 2.2 of the S encourages collaboration with appropriate agencies to identify and inventory all users and handlers of hazardous materials to proactively mitigate potential impacts. Promote transparency and accountability by publishing city, regional, and state data and resources on toxic spills, water pollution, illegal discharges, industrial and commercial air violations on a dedicated Santa Ana Environmental Quality webpage. The proposed project will utilize land use, design, and sustainable strategies to protect environmental resources and residents. The reconfiguration of the site contributes to a stronger protection of local air quality and minimizes environmental impacts associated with the business. Public Notification and Community Outreach Public notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1000-foot notification radius map, and the site posting are provided in Exhibit 6. The property is located within the Meredith Parkwood Neighborhood Association. At the time this report was printed, no issues of concern were raised regarding the proposed CUP. 6/26/2023 Planning Commission 1-7 CUP No. 2019-41-MOD-1 & CUP No. 2023-03 — Tustin Avenue Service Station June 26, 2023 Page 8 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction of Conversion of Small Structures). This exemption applies to the construction of small structures, which, in urbanized areas, applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site's location does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Conditional Use Permit No. 2019-41-MOD-1 Resolution 2. Conditional Use Permit No. 2023-03 Resolution 3. Vicinity Zoning & Aerial Map 4. Site Photos 5. Architectural Plans 6. Previously -Approved Site Plan 7. Copy of Public Notices Submitted By: Cristian Santana, Assistant Planner I Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency 6/26/2023 Planning Commission 1 — 8 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-19 (NO. 2019-41-MOD-1) AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A SERVICE STATION IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of Conditional Use Permit (CUP) Modification to facilitate the construction of a new service station and convenience store located at 2230 North Tustin Avenue. B. Santa Ana Municipal Code ("SAMC") Section 41-424.5(f) requires approval of a CUP for service stations within the Arterial Commercial (C5) zoning district. C. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site. D. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single -story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations. E. 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. F. On June 26, 2023, the Planning Commission held a duly noticed public hearing for CUP No. 2019-41-MOD-1. G. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be Resolution No. 2023-XXX 6/26/2023 Page 1 of 11 Planning Commission 1 — 9 established in order to grant CUP No. 2019-41-MOD-1, for a service station, have been established as required by SAMC Section 41-638: 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 service station and convenience store will provide a service to persons that are working or residing in the area. The project will redevelop a vacant lot with a new building and enhanced landscaping, which will contribute to the overall aesthetics of the area. This will benefit the community by allowing the construction of an additional service use and retail building on a vacant lot that will provide additional conveniences for residents, visitors, and employees in the vicinity. 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 site plan has been designed to not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The fueling canopy is proposed along the northeastern end of the site to distance it from sensitive land uses to the west. Additionally, the location of the convenience store adjacent to the western property acts as a physical barrier between nearby sensitive land uses and the fueling canopy. The closest residential land use is approximately 120 feet to the west of the site. The service station will utilize the latest technology related to the use to ensure safe operations of the service station. The site will propose high -quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the surrounding area. Due to the site's location near sensitive land uses, such as the adjacent child care facility and residential zones, conditions of approval have been included to mitigate any effects from vehicle idling, outdoor displays, onsite lighting, noise, vehicle maintenance, and the installation of temporary equipment. The service station will meet all emissions and air -quality requirements. Finally, the Applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts on the sensitive residential land uses. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The service station will not adversely affect the economic stability or future economic development of properties in the surrounding area. The service station will replace an existing 6/26/2023 Planning Commission 1 — 10 Resolution No. 2023-XXX Page 2 of 11 vacant lot and contribute to the existing local economy by providing a commercial service to residents and visitors, as well as generate added sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property, which will ensure that the property and all improvements are properly maintained. Additionally, the development will also meet sustainability measures pursuant to the California Green Code, such as providing solar photovoltaic panels on the roof and electric vehicle charging stations. 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 granting of CUP No. 2019-41-MOD-1 supports and is consistent with several goals and policies contained in the General Plan. Specifically, the application would be consistent with Goals 2, 3, 4 of the Land Use Element ("LU"); Goals 1 and 3 of the Economic Prosperity Element ("EU"); Goal 4 of the Mobility Element ("M"); Goal 1 of the Conservation Element ("CN"); and Goal 2 of the Safety Element ("S"). The project is located within the General Commercial (GC) land use designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods. Goal 2 of the LU Element encourages a balance of land uses that meet Santa Ana's diverse needs. The project contributes to Goal 2 of the LU Element by providing additional services to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by improving the circulation throughout. Goal 3 encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. The proposed improvements address Goal 3 of the LU 6/26/2023 Planning Commission Resolution No. 2023-XXX Page 3 of 11 Element by preserving the character of the existing commercial area. The scale and massing of the addition is proposed to be compatible and will maintain the current architectural style, which includes an earth tone color palette, stone veneer, smooth stucco finishes, canopies and trim. The project provides a harmonious development and keeps all four corners of the intersection harmonious aesthetically, promoting a clean and safe environment. Goal 4 supports a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. The proposed project supports Goal 4 of the LU by supporting a sustainable community by ensuring the project has been designed and conditioned to minimize impacts onto surrounding properties. The project will support sustainable improvements to the built environment and encourage land use strategies that reduce the operation impacts of the commercial site. The reconfiguration of the site will additionally contribute to improved living conditions and a healthier environment for the surrounding area by developing the site in a responsible manner. Goal 1 of the EU Element promotes the fostering of a dynamic local economy that provides and create employment opportunities for all residents in the City while Goal 3 of the EU Element encourages a business -friendly environment where businesses thrive and build on Santa Ana's strengths and opportunities. The proposed project will support Goals 1 and 3 of the EU and will help the applicant to enhance their business offerings and compete with nearby service stations that offer similar services. Moreover, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area. Goal 4 of the M Element coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Goal 1 of the CN Element supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. Goal 2 of the S Element supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. The proposed project will support Goal 4 of the M Element, Goal 1 of the CN Element, and Goal 2 of the S Element by utilizing land use, design, and sustainable strategies to protect environmental resources and Resolution No. 2023-XXX 6/26/2023 Page 4 of 11 Planning Commission 1 — 12 residents. The proposed site configuration contributes to protection of local air quality and minimizes environmental impacts associated with the business. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Structures). This exemption applies to the construction of small structures, which, in urbanized areas, applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site's location does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project. Section 3. CUP-2019-41-MOD-1 shall not be effective until the City of Santa Ana Planning Commission reviews and approves CUP No. 2023-3. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, 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 the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-41-MOD-1, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2230 North Tustin Avenue. This decision is based upon the evidence submitted at the 6/26/2023 Planning Commission 1 — 13 Resolution No. 2023-XXX Page 5 of 11 above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 26, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26t" day of June 2023 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_dv �� John M. Funk Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 26, 2023. Date: Nuvia Ocampo Recording Secretary City of Santa Ana 6/26/2023 Planning Commission 1 — 14 Resolution No. 2023-XXX Page 6 of 11 Conditions of Approval for Conditional Use Permit No. 2019-41-MOD-1 Conditional Use Permit No. 2019-41-MOD-1 for a service station 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. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. All proposed site improvements must conform to the Development Project Review (DP No. 2021-29) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. The landscape plans shall note construction of a minimum seven (7) foot tall perimeter wall along the west and southern property lines, except where prohibited by driveways and required landscape setbacks, and shall be coated with anti -graffiti coating. The landscape plan shall include the installation of vines throughout the perimeter walls and portions of the main building's exterior with solid voids and no fenestrations. 4. Prior to the issuance of a certificate of occupancy, signs must be installed at both driveway exits to indicate "Right Turn Only". 5. Prior to issuance of certificate of occupancy, signs shall be installed, following separate Planning Division review and approval, stating that truck drivers shall limit idling of diesel -powered vehicles to less than five minutes in accordance with Title 13 — Section 2485 of the California Code of Regulations. 6. The hours of operation for the convenience store and service station, including fuel pumps, shall be limited to between 5:00 a.m. and 12:00 a.m. (midnight), seven days per week, unless extended by approval of a separate conditional use permit. 7. Deliveries of goods and services related to items sold inside the convenience store shall not occur between 10:00 p.m. and 7:00 a.m., with fuel deliveries limited to the hours between 6:00 p.m. and 10:00 p.m., daily. Resolution No. 2023-XXX 6/26/2023 Page 7 of 11 Planning Commission 1 — 15 8. The air/water machine must provide an automatic shut-off component to cease operation when the service station, including the convenience store and fuel pumps, is not in operation. 9. The location of the air/water station shall be placed in an area not prominent to the street and shall be screened to the furthest extent possible. 10. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 11. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 12. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier's view to the outside. 13. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 14. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy. 15. There shall be no coin -operated games maintained on the premises at any time. 16. No pay telephones shall be located on the premises. 17. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 18. The Applicant shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. 19. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 20. To minimize light intrusion, the use of exterior lighting shall be shielded and/or directed away from adjacent properties. 21. The utilization of outdoor speakers or similar devices onsite are prohibited. Resolution No. 2023-XXX 6/26/2023 Page 8 of 11 Planning Commission 1 — 16 22. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 23. At all times, the contact information for a responsible party such as an onsite manager or property manager shall be posted in a prominent location. The minimum information in the posting shall include the individual's name, title, phone number, and email address, to report any onsite issues 24 hours per day, seven days per week. 24. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 25. The sale of alcoholic beverages shall be prohibited, unless extended by approval of a separate conditional use permit. 26. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 27. The outdoor storage, sale, or display of natural or propane gas tanks shall be prohibited. 28. The installation of temporary mechanical equipment, tarps, or similar structures shall be reviewed by the Planning Division. 29. The performance of vehicle maintenance such as but not limited to; replacement of belts, hoses, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tune-ups or other minor repairs shall be prohibited. 30. Truck drivers shall limit idling of diesel -powered vehicles to less than five minutes in accordance with Title 13 — Section 2485 of the California Code of Regulations. 31. To the extent feasible, the applicant shall install a vapor processor to manage the pressure of the vapor in a gasoline storage tank to prevent overpressure issues and reduce breathing emissions from the pressure/vent valve. The vapor processors shall be certified by the California Air Resources Board (CARB). 32. To the extent feasible, the applicant shall utilize cleanest possible equipment during construction (e.g., all construction equipment must meet or exceed CARB-certification standards). 33. The applicant shall be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment. Resolution No. 2023-XXX 6/26/2023 Page 9 of 11 Planning Commission 1 — 17 34. A Property Maintenance Agreement must be recorded against the property prior to issuance of a certificate of occupancy. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. 6/26/2023 Planning Commission 1 — 18 Resolution No. 2023-XXX Page 10 of 11 (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 6/26/2023 Planning Commission 1 — 19 Resolution No. 2023-XXX Page 11 of 11 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2023-03 AS CONDITIONED TO ALLOW A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. ("Applicant") and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2023-03 as conditioned, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k-12) or residential zones in the Arterial Commercial (C5) zoning district at 2230 North Tustin Avenue. B. Santa Ana Municipal Code ("SAMC") Section 41-199.4(a) requires a conditional use permit for any use that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances that is located within 500 linear feet of a public park, school (K-12) as defined in section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes. C. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site. D. On December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones to obtain a conditional use permit. Resolution No. 2023-XXX Page 1 of 12 6/26/2023 Planning Commission 1 — 20 E. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single -story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations. F. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve CUP No. 2023-03 for this project as set forth by the SAMC. G. On June 26, 2023, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2023-03. H. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2023-03, for a service station and noxious use as required by SAMC Section 41-638, have been established: 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 service station and convenience store will provide a service to persons that are working or residing in the area. The project will redevelop a vacant lot with a new building and enhanced landscaping, which will contribute to the overall aesthetics of the area. This will benefit the community by allowing the construction of an additional service use and retail building on a vacant lot that will provide additional conveniences for residents, visitors, and employees in the vicinity. For context, the two nearest service stations in Santa Ana are located approximately 0.45-miles to the north (Fairhaven and Tustin avenues) and approximately 0.45-miles to the south (Tustin Avenue and 17t" Street). A third service station is located in the City of Tustin, adjacent to the State Route 55 freeway, approximately 0.58-miles to the southeast. 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 site plan has been designed to not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Moreover, the use has been comprehensively evaluated pursuant to the City's zoning ordinance and its noxious uses ordinance, and conditions of approval have been placed to ensure that the use limits impacts related to the following: toxic or noxious fumes; hazardous discharges; glare; electromagnetic disturbances; radiation; smoke; cinders; odors; dust or waste; undue noise Resolution No. 2023-XXX Page 2 of 12 6/26/2023 Planning Commission 1 — 21 or vibration; or other objectionable features that are detrimental to the public health, safety or general welfare, or that are damaging to the physical environment, neighborhood or community. The fueling canopy is proposed along the northeastern end of the site to distance it from sensitive land uses to the west, reducing the impacts from the standard sources of emissions at service stations (i.e., service station infrastructure and vehicles visiting service stations). Additionally, the location of the convenience store adjacent to the western property acts as a physical barrier between nearby sensitive land uses and the fueling canopy. The closest residential land use is approximately 120 feet to the west of the site. Therefore, the recurring and predictable sources of emissions would be limited. Additionally, the service station will utilize the latest technology in full compliance with State laws designed to ensure safe operations of the service station and minimization of emissions of fumes. Conditions of approval has been placed to ensure a reduction in loading and breathing emissions, due to fuel tanker truck deliveries and due to excess pressure released from the gas station vent pipe in the form of gasoline vapor emissions. In addition, the applicant through conditions of approval will be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment. Due to the site's location near sensitive land uses such as the adjacent child care facility and residential zones, additional conditions of approval have been included to mitigate any effects from vehicle idling, outdoor displays, onsite lighting, noise, vehicle maintenance, and the installation of temporary equipment. The service station will meet all emissions and air - quality requirements set by the California Air Resources Board (CARB). In addition, the site will propose high -quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the surrounding area. Finally, the Applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts on the sensitive residential land uses. This includes both the fuel pumps and the convenience store. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. Resolution No. 2023-XXX Page 3 of 12 6/26/2023 Planning Commission 1 — 22 The service station will not adversely affect the economic stability or future economic development of properties in the surrounding area. The service station will replace an existing vacant lot and contribute to the existing local economy by providing a commercial service to residents and visitors, as well as generate added sales tax revenue for the City. As detailed in Finding No. 2 in this Resolution, the use has been designed and conditions of approval have been added to the Conditional Use Permit to ensure the project operates in a manner that eliminates impacts onto surrounding properties and sensitive receptors. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property, which will ensure that the property and all improvements are properly maintained. Additionally, the development will also meet sustainability measures pursuant to the California Green Code, such as providing solar photovoltaic panels on the roof and electric vehicle charging stations. 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 granting of CUP No. 2023-03 supports and is consistent with several goals and policies contained in the General Plan. Specifically, the application would be consistent with Goals 2, 3, 4 of the Land Use Element ("LU"); Goals 1 and 3 of the Economic Prosperity Element ("EU"); Goal 4 of the Mobility Element ("M"); Goal 1 of the Conservation Element ("CN"); and Goal 2 of the Safety Element ("S"). The project is located within the General Commercial (GC) land use designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods. Goal 2 of the LU Element encourages a balance of land uses that meet Santa Ana's diverse needs. The project contributes to Goal 2 of the LU Element by providing additional services to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the Resolution No. 2023-XXX Page 4 of 12 6/26/2023 Planning Commission 1 — 23 area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by improving the circulation throughout. Goal 3 encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. The proposed improvements address Goal 3 of the LU Element by preserving the character of the existing commercial area. The scale and massing of the addition is proposed to be compatible and will maintain the current architectural style, which includes an earth tone color palette, stone veneer, smooth stucco finishes, canopies and trim. The project provides a harmonious development and keeps all four corners of the intersection harmonious aesthetically, promoting a clean and safe environment. Goal 4 supports a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. The proposed project supports Goal 4 of the LU by supporting a sustainable community by ensuring the project has been designed and conditioned to minimize impacts onto surrounding properties. The project will support sustainable improvements to the built environment and encourage land use strategies that reduce the operation impacts of the commercial site. The reconfiguration of the site will additionally contribute to improved living conditions and a healthier environment for the surrounding area by developing the site in a responsible manner. Goal 1 of the EU Element promotes the fostering of a dynamic local economy that provides and create employment opportunities for all residents in the City while Goal 3 of the EU promotes a business -friendly environment where businesses thrive and build on Santa Ana's strengths and opportunities. The proposed project will support Goals 1 and 3 of the EU and will help the applicant to enhance their business offerings and compete with nearby service stations that offer similar services. Moreover, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area. Goal 4 of the M Element coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Goal 1 of the CN Element supports the protection of air resources, improve regional and local air quality, and Resolution No. 2023-XXX Page 5 of 12 6/26/2023 Planning Commission 1 — 24 minimize the impacts of climate change. Goal 2 of the S Element supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. The proposed project will support Goal 4 of the M Element, Goal 1 of the CN Element, and Goal 2 of the S Element by utilizing land use, design, and sustainable strategies to protect environmental resources and residents. The proposed site configuration of the site contributes to protection of local air quality and minimizes environmental impacts associated with the business. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Structures). This exemption applies to the construction of small structures, which in urbanized areas applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site's location does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project. Section 3. CUP No. 2023-03 shall not be effective until the City of Santa Ana Planning Commission reviews and approves CUP-2019-41-MOD-1. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, 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 Resolution No. 2023-XXX Page 6 of 12 6/26/2023 Planning Commission 1 — 25 approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2023-03 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein for the project located at 2230 North Tustin Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 26, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26t" day of June, 2023 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �� John M. Funk Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 26, 2023. Date: Nuvia Ocampo Recording Secretary City of Santa Ana Resolution No. 2023-XXX Page 7 of 12 6/26/2023 Planning Commission 1 — 26 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2023-03 Conditional Use Permit No. 2023-03 for a noxious use 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. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Development Project Review (DP No. 2021-29) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. The landscape plans shall note construction of a minimum seven (7) foot tall perimeter wall along the west and southern property lines, except where prohibited by driveways and required landscape setbacks, and shall be coated with anti -graffiti coating. The landscape plan shall include the installation of vines throughout the perimeter walls and portions of the main building's exterior with solid voids and no fenestrations. 4. Prior to the issuance of a certificate of occupancy, signs must be installed at both driveway exits to indicate "Right Turn Only". 5. Prior to issuance of certificate of occupancy, signs shall be installed, following separate Planning Division review and approval, stating that truck drivers shall limit idling of diesel -powered vehicles to less than five minutes in accordance with Title 13 — Section 2485 of the California Code of Regulations. 6. The hours of operation for the convenience store and service station, including fuel pumps, shall be limited to between 5:00 a.m. and 12:00 a.m. (midnight), seven days per week, unless extended by approval of a separate conditional use permit. 7. Deliveries of goods and services related to items sold inside the convenience store shall not occur between 10:00 p.m. and 7:00 a.m., with fuel deliveries limited to the hours between 6:00 p.m. and 10:00 p.m., daily. Resolution No. 2023-XXX Page 8 of 12 6/26/2023 Planning Commission 1 — 27 8. The air/water machine must provide an automatic shut-off component to cease operation when the service station, including the convenience store and fuel pumps, is not in operation. 9. The location of the air/water station shall be placed in an area not prominent to the street and shall be screened to the furthest extent possible. 10. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 11. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 12. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier's view to the outside. 13. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 14. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy. 15. There shall be no coin -operated games maintained on the premises at any time. 16. No pay telephones shall be located on the premises. 17. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 18. The Applicant shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. 19. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 20. To minimize light intrusion, the use of exterior lighting shall be shielded and/or directed away from adjacent properties. 21. The utilization of outdoor speakers or similar devices onsite are prohibited. Resolution No. 2023-XXX Page 9 of 12 6/26/2023 Planning Commission 1 — 28 22. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 23. At all times, the contact information for a responsible party such as an onsite manager or property manager shall be posted in a prominent location. The minimum information in the posting shall include the individual's name, title, phone number, and email address, to report any onsite issues 24 hours per day, seven days per week. 24. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 25. The sale of alcoholic beverages shall be prohibited, unless extended by approval of a separate conditional use permit. 26. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 27. The outdoor storage, sale, or display of natural or propane gas tanks shall be prohibited. 28. The installation of temporary mechanical equipment, tarps, or similar structures shall be reviewed by the Planning Division. 29. The performance of vehicle maintenance such as but not limited to; replacement of belts, hoses, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tune-ups or other minor repairs shall be prohibited. 30. Truck drivers shall limit idling of diesel -powered vehicles to less than five minutes in accordance with Title 13 — Section 2485 of the California Code of Regulations. 31. To the extent feasible, the applicant shall install a vapor processor to manage the pressure of the vapor in a gasoline storage tank to prevent overpressure issues and reduce breathing emissions from the pressure/vent valve. The vapor processors shall be certified by the California Air Resources Board (CARB). 32. To the extent feasible, the applicant shall utilize cleanest possible equipment during construction (e.g., all construction equipment must meet or exceed CARB-ce rtifi cation standards). 33. The applicant shall be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment. Resolution No. 2023-XXX Page 10 of 12 6/26/2023 Planning Commission 1 — 29 34. A Property Maintenance Agreement must be recorded against the property prior to issuance of a certificate of occupancy. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, Resolution No. 2023-XXX Page 11 of 12 6/26/2023 Planning Commission 1 — 30 sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2023-XXX Page 12 of 12 6/26/2023 Planning Commission 1 — 31 6/22/23, 10:01 AM Conditional Use Permit No. 2019-41-MOD-1 & Conditional Use Permit No. 2023-03 2230 North Tustin Avenue Al R1 A � lilimyIn' l a N l�i Santa Ana Boundary Zoning Zonedesc General Agricultural Community Commercial Community Commercial - Museum Dismct General Commercial ■ Planned Shopping Center ■ Arterial Commercial ■ Commercial Residential ■ South Main Street Commercial District Government Center Light Industrial ■ Heavy Industrial ■ Open Space land Metro East Overlay Zone ■ Professional Single -Family Residence Two -Family Residence ■ Multiple -Family Residence ■ Suburban Apartment Residential -Estate Specific Development No. 1 Specific Development No. 11 Sp, cif Development No. 12 Specif Development No. 13 Specific Development No- 15 Specific Development No. 16 Specific Development No. 17 ESpecif Development No. 18 i Specif Development No. 19 Specific Development No- 2 Specific Development No. 20 Specific Development No. 21 E Specific Development No. 25 ESpecif Development No. 26 ' E Specific Development No 27 - 0 Specific Development No. 31 0 Specific Development No, 32 0 Specific Development No. 34 E Specific Develop mant No. 35 Specific Development No. 36 Specific Development No. 38 Specific Developmant No. 39 ` ESpecifi Development No.4 E Specific Development fl 40 Specific Development No. 41 Specific Development No. 42 { Specif Development No. 43 Specif Development No.44 �SpeciF Development No. 46 E Specific Development No. 48 0 Specific Development No. 49 Zoning ZO N ECLASS 1I Al R 1 R44 R1 ERL__] R I R EkR4 +�. 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EROSION COWROL SMP. sS0-TO SNRE DE511J W 1, WN05G'£ PLPNNNuO a EC-1 SChEGUI-LNG •' C A a w- I t F ONTROr-5 s FC-2 WIr50WAMDN OF FxMC YEYLEO" aSC-12 EFFICIENT 1RRZA)ON o EC-3 M MIJUC 7./JLfs1 t ; a m-m STORM GRAN si,IN E rm EC-� HYOM.L NPE mW-2O PERNPAV OU$ EMENT$ AED 5SDIL BINDERS oIUTM Ir. tnb '� i J4I,' IP ..^ 7•'t - 0 SC-21 ALTERNATIVE BI]ILDIN& MFTEfR4L5 a EE-N STRAW MULCH cISD-30 FUELING AREAS a EC- r GENEJtmi TIRO gAM r:ca •r w ii osilti1 MANIEwwef WA'.'$ At DOES a EC-3 II MULCHING ,uB�Agr�LNPGPpe p 50-32 TRASH 9TORAGi AREAS a EC-9 EARTHDINES iN8 ORAIN'AL4E SWAL}5 pSD-33 VEHICLE W SIRING AREAS a EC-10 tF.LOOY O151PATION MILES vroApw, j.r•` 'I> CIAO-U CIff OR I. 717111 15 STORAGE ARTS a EC-11 SLOPE DU OSO-35 OUTDOOR WORK AREAS a EC-12 SM I6LNK S IRJXICN OAIPAVNA AREAS OD SO ;T5 0.1W R PROCESSING q FC P11LYOiYIANINE 5C'-4T OUWDNJG AND GROUND VAIMpH.Wcc S, IN sr- K MANAGE SYSTEM MAIM=NANC£ SIDIWLNI CAPROI DMN • t MASC-72 FOUNTAIN ME POOL NGBATENDNCE a SE-1 SU FLNCE MASC-75 LANDSCAPE MAINTENANCE !! 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(Sg fhA•Q ° 5'IRL\�Ri R5wNS $r44L aE rrmrcw.r fEnE:iD YINMY SAN1LVir 9N LNJ LIXL'YN DQ •w.L Ar 9LL 0@ONR ' L.1 31., y.i FJINr CW� NO: •�G TNF WRKwG SaAr& sIGV r+Li SiRIL1'D a.ApLMTr 1rM AGC�F 5!'ar diY r,}SF AP![JtletL, BEPN HE'�i [Y ��.MOM;�n.c wxMG N4Ca ,6 H44r Or ^�, Fibin' GF eAtw vAcimLG�lµ5A10E F rW mL i0 me. PoLY 1 1N+E (iiFA'. 2 rNfeeuCF WIIL R_RUR PEKKVY' C 1DP PNLS— yMSSRNLTT JOINT 190LATILXI JOTNT ; i Y•l0 -•• ! .XmcNN. nGGP[G, .ya >: �SECGWV 2K LY i3.tE r/LY2WNp 3faM:l NRT9t MAwi::�.E'rT Pgq@Sg NWSYpaA, i. 9NPo K t61FD. 'M CONCRETE JGINTs 7 e[Y HANDICAP PAPJQNG SIGN 8 xrn FUCLING AREA (TEW. COND1710N)J111 PIPE SDLLARD 11 (TEI11'ORPaY CONOITIGN] �AtiBil�E� kd5 - —�10p� MJIICOSr N[P.PAP #�#'^ 4 E PL 6• a PTA PLAN p-`, it ' f �P� Ca5 6''�H WM 4NYv ➢ETAK • 9!..�� � a�Ty O yx�!•. 4Ala ge + B' � :.sue.-•.. .. ,., �a �,a� P,OYT r[ SECil6�6 IY• S. �T iiEE O�SXa1Ml ON PGN � \ � � .OE"nLnBN1V `: �ei�ri�wc ][IfF !'GF uj (aY dauWA15N[] i - .,4. 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Afm OUTM �' .n d—r •rrxawCN y -(YYa 1-n •� e���eyy,,�� �� Z�Yn�.hNk"R MLurMMIM. ufM Ic`Pl. w•�.0 "i.� ti eritss:yC 41, iDII DE AIIE -,r--'y R5 5?,7']1 NYI AaafleG`y y0..: -i CURB AND GUTTER —BARRIER 128-2 i SC116N E..E=ZINN S FUM^ �ME1�Y.K_ c+Lxawr_n cu- c arg L OROF INLET Isms w. ;EO�TMNAl0161ENEION� � •x,, noes CT W16P. as/tea/tmtas/, r1L 10i� xEx �"I.xxy vau�xr<woxwoxa a $ g I g a�'sE v ' Lu o 1 i JAMIFff spp WYRLK T.f✓P: M9 Mp0ucT xl�"x.xw CwrAc:.cNSex Ti?C/St. .� oerAUs a STANDARD PLANS SI-W Np. C-9 6/26/2023 Planning Commission 1 — 44 I S� la9E1G m Ee-Iec`. n 1 1 I� LANDSCAPE ARCHITECTURAL PLANS REMODEL COMMERCIAL 2230 N. TUSTIN AVENUE SANTA ANA, CA. 92705 C—STORE Ni z <— ON raw owl a VV 'row MOM TI MM ___. _—_._ Erin I i ^. I I � I o• �• � I I I I 7 s . E—IJELJNG v Q I e i I I I --------- j I u�nMa-I� dtr WAY rrWY rIWY b W .�WMlE Rrfll �__-__- f N M °Hw�AR 'x S"M pmays� .®1Ir•nO eJ,�' E USTIN AVENUE �Y NORTH SHEET INDEX L-T TIRESHE£T L-2 PEANTINGPLAN L3 IRRGATION PLAN L,4 IRRIGATION DFTAU PROJECTAREA SUMMARY PRWE07ARFR= See e.4.16 1 I E.aunscaPe aEZEa =a,ssa Qq.x ! a COPSiRi1C7SON NOTES E -. e• m1cmc um I t,IS .lYE.1r aP..i+vC Aum.. Ina auvgt fff� �>D mi S.� PW Mo i�FYE m.L� E eP.t�c EEw_=w°..wo.T_ E tb uMm�C�i.r�n wRYntc dlrul.vr � I 1M �CO.RE1EA µ8� l3� r le- '+a Wl4mWKR1E er{H 6a6 6COIC UUES so � � ♦�wo ��Pu�we ee As �s.c P�MRS R4LIb� E P M 'Wi PPMLE OECoaiHE .E I.A MM PoNN�XG SAKE Y9M W PEWm 9FNPE 6 m uir sma.o rrnmE6 wrm E 1.'• C�M➢K�i�.SE � P�AlvYK �x nmAr I s,°mvw° iw WAG IMIM.- I PEVI310N3 BY f I E P}ilL MAY LANDSCAPE ARCHITECTURE 3saz w.a,..Aw PwewAACA � m.P6Wn-a;s v'Av�m�M�,Ir6Msn.«m wwrPAW�.YeWSnmm b Lu LLJ In � 11J b J I � 6 aU z y� U c 6 z a Z Z4 e �4� 6/26/2023 Planning Commission 1 — 45 PLANTING NOTES I. nsnkmb.: b mrw p+ae, a.�P meadow aro ,eM 4mrtlYn Iwer m d.imneaa eabxdr mkt PLANT LEGEND NElnunErmEofnwiaW weeenPE rn++fEwwcesuV:oulf enN bepemlelny fM Ob NH IARNme 4e b brfage d eibin0 uNIVm. PImR .xnml � ow krtl Rr d. eYme d er +order. eeua wna.r d fsmbnla urdr fe.. dmtgvGtl. 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Mmee b m aev trm pared dMn M(SJ ke! d eeretl eieee. qe and -del. b bblrm pw ® FJyeem c 'Cafgmn Prl— Cothran Ptlnae " Om" f gel 1d5 L Perrn W pJw J J J J Nr� pdn ym Neailene. 3Lr Nor Penree m epued er uerw cw. ..ik, fb and mr.l.r urw es Irotdl orwrq ilm.lar edge d tlw rM Plenlw. O Juneus P, .Rlue Odrt. blue Pert Rueh ] MJ 206 L Pemfereb Pienier MeW SrS Lyr1 RdnwlRn:GWmae G. Prwib jW mennp m dl ebVm M a grmla_ O 5®leriv � 1 t"Verb 1 911 L m vgwrowiws6clh wmam Vap Nora J J J J 16 a �LmaRayn genfmtlbr ene0 Nd.. , df pto.W +m.� ae w. DR.a fae4dn9 (But nnPed b) deweg, purple Yarbeng purple CvZOI�NOCOVER Pb Purply Yerberw i 9p1 27 7 L p eiginq. em nsP% Ix a Pmtl m Wrry e9e onr eempdmn m A SRue are mDdme DV p.ryr, fl. Tm uMmgr Lad�r Moe •veep npbm erq Ned ,Hertel <rqR eM.4 ni9M d beY d deer a enwe ' 6V{ RDsrnortnYa w H L Wpet' ( HYnt C rpat RIe. ., 1 5.1 70 1. 1111L1:H INSTALLATION Imo"A'w:" y Pe'°° �'w �"nmee U r ems �uM eF mnereeL u.m ud Iw. �n mooed er elna.•ee � h Cv Oorttrw Ras m[ N W 0.wr. e[vr medkw w PL. VOOr N00'04)O'E Y mrw er S.ET. peW w mdr b ltBabl aed FduW � 7S-Drki. a Fml NOTE'FMetuvfpked bMuearamie�meer6rares3rA avpndtl»mRemrJtl.etr rmm.eehr;.damdaxabum — — — — — — —_ — — — — — — - - - - _ _ - .. _ N61F. pk,,dai dew I'6rAt.L ROOT 134RPIFRG TD ALL PROPD W P/ May j TpsF$ PlNeiE9 WARM Fl1 ) �aET AL9NIi AarT HAMSCAaE ^URFACC NOT AROtINP L THE INFE ROLi verr PNI Me.Fendu Arrheece C—STORE Linear Style Planting with DeepRoot Barriers bPvriv weneb m.rd d D� to b mL Pmtlk4 pm wJ P. w4� d anz kfMN u. d9P d bia bade RS faTp as m e 0. PMt Oe bM.11Lr Lw bk eMu a mn ecduln �•lmfh enq dame'tlAPlre ed ad drd�gr 9� Nh d Runt Wtl tiv rdmw m e. ti � ma z�PNum}°1�"'ies � u. aeY erb F fle snd Drrrsep m Taw dN m � I,mp pmin d mR am a wM•n wrm .Im ream d feu nxawef >a a lie qk Js*er9 0 .Yeord w fkdPa 4e vd nmfrreetllane Rwrdlm. [sae cline �.f LPN. c.rW .0 b ears a mblmcw and .ay . '` lee�3i Maw b � � � � 7b �`-- - Rep m,eP6 w Md 9Faaq tif4v9l remmrmP_ Lw :mbGe d.amrr . vm na Pbwpa .nea e fl arms ib Peru -fern ukm v.bnerr Sam bdre e•�wnP M�.aeabei,.r.. an�ee�..e ar�.mu Damn >:rV6 M b sprm'de rums. m Pee•lr m d av b HIeF wen wr�LW ad aped, b prar m b armg h^n°` an..:.gar DaPnai l•D:aaed 4ibe b Ar eleilaW t,trfmmn Ps— ra..a M lG pp� ebdbt PMrl Srlvlly. vd islltlpf e Per fmNn Pu m my 7stir W pAnmlelr ueobr d p �PN. nmoVn+ rgppyq dAMMa.e Penes ai f 6p sY � il�lil6�. iu hrb im eMRuM1 Niske v apes' •+.. wa � I� u a. n.sr, d„ P..epwl ns. r.eq bwd u. b ad ekes k R e.ayn IRmIP. r, k nwP.ew P.tlr. me aubet rdeTml nsrPwrr � P nm mar ra ope3Aul. eadarve � gPes emmP EPes�9t 4gelrul Vn eRutm b � be��rrmmin q k de 40aeP. Br (wa b Ne ohm 9soM1 b eeo rm�b b�ee1 Iw war hP. P'w a eTae fermm r erwal4 b Wee* d Pared rgdatl b • Vv epeimlce ue nePwr.e rcedrgr f w Twe cepw a . r 011an0 - begD. d e.fb s:t bmwPmtitdne Bee e4 Pro rrk dTfre ab e.5e b dd endim m kP.me Ts emae r and d apwle ul:aaal lean ImJ b m AaJmw A Itkraee d ileheMr lie bR nerr0r QrN i Yhrre �•i9 Pmrr�a PG aw N 10 ruiM d PmrY Mb Nre m.eW tls fi-2 and m 17 ]b hewer ¢' 61 a Peaea 7f9 ae Pedgd A i 16oare):rg Is, gawk, Ixs1 W (VTR 1p ItrrW Pane bpi a�t Y tle ab� N Qp S ]nn ]S fa f i] Peet � daa: w. uerenw nmdy NOTE 1sOQTF1ANRIER55F1ALL BE 12•PEiP VAX 6 LINSARAPPLICAT.11 ONLY. i,� b Babe d mA de rml IA1 Apes Gn GnvJ lerb n All improvements are to he maintained by the properly owner. NOTE: SEE SHEET L-4 FOR PLANTING DETAILS PfvLS10Ns PY PH[L MAY LANDSCAPE ARCHITECTURE %dlerroK49S1m Phme60i)1T3.5W pmalmPnemfyeeagnapn rmw.M�rmroer9eam z Q J V t— Z _Q ]Z W P Q 4ZU N Q U n Q Z4ZK a ¢ Z �C7 C�V faiD R6 RS [16 2'1.2UT1 L-2 a 6/26/2023 Planning Commission 1 — 46 IRRIGATION NOTES TXq � n rs� wuX,Frcn x in+M w` N�liy�� uNYngorim mn �;� - dl ew wetmn d mIL w eE 'ml.a aY ra .ml lne � �e �s �w4W'N eN. mn e�en�glGdd eoW 1°�a and °' M�.S AIH�Fn� � Y°S�� 1wellenen N wPe dm... and lnele n .ells.�vn remdga ne i.lnp. a� " m � 9,RLL B£ MCCAtFP ,N9nE 3N116! rd� mt �vW Inuvll mr '°�IgFQnII amm a'"OW° on ,m mprl�p .nm - m.rr m Il.e lld. KRItt MTN G L L0.�IfWL� [CR. grime 0: airxa. � v �n oryv dtnq, Mxicn �kt�m�1 M Nn mcr mNnw+ pl��r� �min� mn'I'v.s ��. n ,m°fMxm.a A. xa'°mrucn 1� tl1i mpew�iliq ru uy nc—y +er�utyF M Iqr ..rt • 3 me mnvemr melt ee1G4 eaermnw, a.p pq v w alq all imveaLvm m ,egr.,mn • Win. ..rd � ;.�. v0 qbX tv . etlperA pam"r, R,hr.i pa.n— cIYmY. a�ly1 w��b ro dwr ".TIN m unnam¢ .uu..mmc ]N �Ifm-m Hp xG u'uden. PxGm, " Cirtm�mee rc° uri Ip aurab of ,Sn aar- i.Nrr...1•�++ ��2 en �M °m.�ln ab m eeo n[ p��V nesy n nv hye,�'w. exn q m.lzrt.. e. p. riaeky°. a. T"- 01r aim NC16:' 1 h9Yemmpllea with xPle erherie maNr..almnmaea xlmiP'.'n'9ie P .. nc m+pvq.'ygl 1°M. °b °.ww4�in dx�W'u� }apecw NppRd ihem.¢vralrylY�-Ka alfiar. uoo°trmrinYn rnfEwgn dNlEN plan,• rF.Y � a"ObeeX" , m.0 Pmt.rmm ` nr.r. ee M n�'gE'0'N v.t lm.. '-- " e. .raaa"�`�e aio eu aaY �d>r .•.,°� �Ww.....,°ts...�,».�.w .. 10.22-2OQ2 E. p� M ..d r n :r.p.x In P HIII roar. LYn a PrcMtxL nett .r.. °xa: RpInN .ee A�..:m10' °•`e. mG.°..e. W CdOXaneal"0'Pmee�.a �aa' P9.: e m k00 w.. ,� :"1tlw' .. "�p,w Af impreuemee� are to ea m inwneE by the prooffly amcr. NOTE: SEE SHEET L-4 FOR IRW GATIbk DETA145 — ,a xn:a ' ��"Oo�.°d' oa r.rgeile� r-°"a�.,el a lea mP a�aPeRGaY arvwlac r d-°,. pl."" pw" s -let �9 Tvbl abel�ex 11 w� o�ln�a uA r� prGb. Pdnbn(rer'°rilY ' fl 'L�9 rMR�ttfpepOMlcuRn Cdw'I.e n.�..°n56 Ua tam bseeli Cush I o 0 0 r-STOW eve fivrn°>'aer� �iL°Csvtlr,..no-° %e�u"F a en .ai..a c:.w.a .�pewun a'RsP ai :rmV'nr. ar.mas,. n w. �. 15. �.pel NTCdx U'�vw°°e"mi.�1�'°e �.enerelu. lemtb, •b,a � p,ry°p by Elw.vii°n m nl Censers.. [e. Gnlrtnm — — x� m ,5o PN Pp 1Me.�1 �., eem ;4 GRc R1110AiIG1 Me81EF 'UL�E ZfN6hF IRRIGATION LEGEND MJIF NnPEYDC2RPIM111 MM -�' °.nOmN Y'oo°eLE.m�l r1�91'°t �t ruu hs sG — G 0 NC A l l woo. � WX N 9' VALVE WX C A NUNIER ibWiCi Us°ww Nm RC5 lAC E © REwlgi MERIXMi aR46G GaH'fNGLLfab IGCEFe PR?TIC / avleR.i cama^ma[oc) p uoie FRmMd1IR IIE RLSixL EM R G yD CRGUNDEGEO PER LCCRL LOGES ® iNR16a ODEL SOtaR-"YtR-SE+E ZVI TO ROGG OmE E PER wpuFA:,RR6 $PEGS vERPY LCGTIpa 1Y/ C.C. xn P.W,W me uNE $NFn InrNFPa vNPFrxWuve W lu�siwiaoE C nit ,GPGCl9 PeC'DtEWIE .° WE T Hlf b 1WIGRrd d ux --� wrc s+PRax6 tmN�C.1E sv6 as u,aurzF hu m.d T XomYiue n,s als tort dubs r un � ye 'W'r" ' €iRFS MN(O B GL yin 9G X IIMMIIEPL aLF AL MFIGa@ Gil A W NCpF YNK I HEWFIN G iKS,o�InW G, iLea' PAFi aas-+a crR J IF�9}.].9 CPR 84c44 PALL 4aLv[ NmE L r_E �( IIF3CO N uNE 512E Ea PRESSURE 9SeCIaELr. uCO1 N75iS L ® Z[IRX PaILWt6 t15' SQ[ Y TILE bTWdNER 9RCNZE RO 169AH�93. rX11e.+0E � GCEL SHBC-'-".- affiErPe�r RND EN0.65URE SIINL 6F PwxRn FdtNsr cR[ P;InQi K' "m�vxvL 'axa' c i s¢e n'T 3. v BM1FmYfURP IOpIF1G1nCN /5 Y9fFMFm'""v'G MNtrp1 XlPLL Pet eYWll[,CTaf ?EI p ytPS McMNN iGR SNVi-VY 41E1% Y-PiareYs pw- RxLVE r�u vR6�OMa N0. Ra YALYE K 5¢[ 412r WESTNER STATION IMS'TAEL N r___•-_---__-___- PM M JF- a I IRRIU� OONIFn UER MOUNT 1'O NALL FRCS I ' WRIST WGfNO W/ I e > S.iNER9L EArltR/.C10R y _, r-------------------- I _� �r �� ��I/� • 1 LFJJNG c c I I I I ®• I ! I ---_—_---__—___--------- -- ----- �I11 2 'SLEEVE TYP. 1c 112 2 2 3 5 4 6 r IT 1 I 3!4' t qr 1 1!4" I 1 IrreNXnn snnrwle (ESEshGRNmsnt Pml°d1� 6nlmeeG.rIY.M rr...��m�.m X,p,En wNYemxew >va.�w.ln !I,lp—Vi Iame� xa.s r MrapGPw MPx Ainemvn .I Imnuievuyl c� Nl1td. II,-rwpml. PrRuxn] pnw6 e.n p�rwtE Y LhW p� bl - ♦ • IIE° E°N3liii W I ♦ 1 IYW euSgFa W ♦ mIP m }s 1 IMP W i 1 P� MNa4ut 1 ♦ Yapallan dcheauln 1Estae6Gfmq -N1aMY PIFn0aq/ QIOr,�-->•-a O��Q•oOOQ bm�A�OQ© o�oaoAQQ ��A■��IA�OQ iaomoasa� LOCATE BACJTrL 1 IEVICE IN PMLANRNO II AREA . a s' io• zo. NwHL}i SCALE 11tO--1'4' REmsIONe, BY h S i F HIL MAY LANDSCAPE ARCHITECTURE � 263YWaPe�RY.. � IvkrtmW l7MI L °FXi�FA�Ta-19S5 � .�xrPwalm,YaaRn.�Tn YmpPMlricydayven° I f y z 0 l� y z En ; Y Q Z ¢z¢ e LLLO CVh arm - RS.� 5 031'_]ClJ Y L- 3 d � G1111 6/26/2023 Planning Commission 1 — 47 r PC 0:XINI;ccm TFDAriG , SPACING ss LE47:]m rvR D�srANLs -�-DVARIES SFE ® ® �PL,wTEYc LaDEND M- YLW J' NULDH LATFA FINISH GRADE fRRTLTDi RODTBALL 6 r BAIXANot- PER OGBS TRONONICAL SO ONuSNRBED SQL GROUNDCOVER PLAITING DETAIL = YAus urns vaw x*s Qwaw (�l SHRUB PLANTING DETAIL StaElCw vlAv Nib LS CINCH lies � J— vE] TENo 1ayIN�ANT�p ro UNDLSMR9EP SUBLRADE r NUTAi LA l OROMM TJ SE r ABDVE ADf/�iT ERADE F1N5 GRAD `FINISH SAFACE W♦DIS]II 0 EE PLANTING DETAIL — E.r3 IRRIGATION LEGEND BO xK mODEV OEBORiriOn PnAa P P4 3>0 - B WMBIf� kO�OxZ_fi01, f YRE;[R RILL Jul, O �� kODEL ALSOV V.uve r a• YW 4E RLCt = i' DUN% 0➢U1RER. NODFL F�L.FI% 1XSWl. 3R B' VKYE BOR WdAfFR BA9m caHmaum uoDPL PRD-K © �� �E�uY� noN o%ENra+L eolrtn+elDR[ee� waIAR4 w . nEn��Em ° ewam suD cRDwIDs PEF IDOM. eoDEe. IBrnFR PM W �W �: VNERa�Y I�GGnO.v wM C E — rrpplm WC SaYIDNE W �n1F. YGALL 'JNCpGMIPW — O Ur iassr nncc uxc R¢1 �® sMei As RwaYmp w�l v�iw BIL T nw �d sort T rAli �£E i1A55 b1i s�C u 5 Y u�,tl 4rKve i:: scar ,mRmc w, seas -I uYBs ursac v lo' ac cPn a N ® NF.TAFlN 90KIXGL ELM= YKM AR 11PB4 LtCLW IDOri-V, IIDYf WaC Lr}IA GNi i IMZ1W f1AM 1MC tYf10 WH _ A 9PA55 >ku VAIiYF f9Fl i1NE �E =,cm PR�^uPD n55, qyY, rt00. 9n3Rtl L LyRH IYIULRIS 1�]' S6E wllfi Y TYPE mtl." BPOIFE tt v NMDOVC�T4.P � �IIC bTALe OJT D DICD4.IRE SN4LL BE PMRED FDRLT CAEElL Era+ Iwo wtv>; - r NMWILY OPDi WE :Y YµYE aD11 Pi LWi4TL: , N er.lom ron oeAlanxoa rs YnTvl w:.vt ors i�rsr+�� � ® wNml ice,. �rr�.n-.crac ur u o-m xcui rs aw.-o•r .rm.:wNur�s �� CPk V� SPH VALVE VA_YE S¢E SnE __� I n n U sA�Lciv�PaEVENTsy,rryacsm� ;.. 0� nr umo 0a%-xa� ®wM1OFN o,Y.n o� xx S ROW SEN97 MASTER VALVEx°V rrE rwa a�imirN � msRii rPP. amw.-+ v Y• ay. O� �W a aRr lirm T� Q-1A1IIAL LINE r-WSnivG VA;ve �LSov $�i�¢� �•� z MA UT LOW FLOW CONTROL 20NE ASSEMBLY SFL'EDN NAY 4 +F1sn wYE (Gl DUIIX m ��mtl .�Yta�w UBALLtlA NE mEb E O J O 0 .TON HUNTER IRRIGATION CONTROLLER All improvements are t° be maintained by She property owner. REVISIONS BY PHIL MAY LANDSCAPE ARCHITECTURE EuwtlI-9 fHlxa,CA-r PM1endY9jlTiA�•i r@CM1D�a�da^�w� ...yny>ggyy2een sAhw Ate' 1 I Q V'1 Q� �Lu �C) W N w� 4a 2U I � H U Z 4 zQZd j0a�y'rl N V¢i Rom. R. D93TS032 L-4 r rrlos 6/26/2023 Planning Commission 1 — 48 eE2NSIT MnON FLOOR PLAN s....Ipl•'— W c .Nn.taRu xm fan NP2RIYM4t C1R,MN0 MfNGRxO AE. PAY PRUDA �.1Rf56 R9a2 GENRRALNOTM i .ii o°eafY°°0m DF� m �v, DfcD�w.E�� wawiw�AA rum e�nwan. .aF as PDAanN XRNs.t. wn, a� smoAu.0 P.us xoN Anwuc E :6- 1110 Q,! MR xTR [gµwpii tRIR. r. NEPFR m sKt, m., we c]a,or mEr.e a w EaL1o.tR1 xAac wzrN�CfIY,.Arn Itl.RGi RmsmlYns. L NIY COIIYIFApPS S+!.f. DE YW, S' AFf. YEM A }FW, Nlp[ 11dWa,CDUAI NYAM ugQE�P.awarmWCIO�R g9NLL E�OWAME YIXn MH C�4, Y6tMl.R FOR G&xFf 1nnaR>t am[ii cxtM1LY alaR Ix.Tr. w � � u.s n�am� i�i� P[rcolotl. er auo+awt YanWrrec ooutas �.�-, a�vi r tux L>• s+x mzs �xta.� ,DxrN:taa+w Y, mrtPxrcx wu fsatc Ru cxxr�,NSRAF sxw uxe m EIDRR aPA¢ N �uKN en C�,�A6L1L xaV xalD I.Itl C,AIY NP1L RY10 f!a f3611Aa sotRY4 »p AFwrRS Ox WSJ AL! ML A26 m nvxrtna6M•1ts suLL aeE+¢YxlcxDR, D. PuxF •?PFM C�FlGNR iRR v1166R S 9wt LDVu Mx 19GA a0@ P. IWE�PTXLudYFlN }]hlfdS7 9MNL BETY6GbgxlID�A LAB awn3r. B1C�1� Y�MFlCE On11ER 1'GA DFiMi aY1.u, FrLL RflM.] RfIH Lati FlRE INRFLWR o, rsrRrvcroR Sxnu KSSi rHE aNxm >mm Sine Ec,e�N iD NlPPgf A CFIt�, T. r<I1T YbRAS �Nl & L,MBUE K DRJx.xxG YW 1#> 'F9 m Afl, gFx!. �RIXR ID TCE WD � I'tiiMLliDxG^DLLFE 8r AE OptALL RMRPRWt gulf �' .lxul S lE CPeM.'C PONF MO IEIIf NM2 A S,FII Y. PFPXIR a! SFL4M� m Cllffi IMJY ]S OPa' 10 ]' F1pY a2 NPrL Y' vNeADm lcNins �uvsYcaa, Der uw- ae,Gr sru x m xDx FlCDR Dxa KEYED NOTES k °Je01iN4N 8 n6uYl 6i n,: L7» tat wuXYW 6>✓vP Nx� 3 FIDG Rll]FJaLI IRiBt m xb,].SL ANS O M1'OF VLtr�i PFR [EW,/ma D 1• YWYux NA 6N A} FNfxBRdiFll aafll/FAPdkP N p6gEbZ 912, IYPE, A SU9 Pln+. OT nM 1� DRYPL SY11: YCJL WZ PR].R® RY 9XRPFO R 11xmICLR. RQAR m D%,1 XIDLUI£ EN 91fl1 Aaf 10 IEP IOFA 11 Id'F ,dE11 o� 13 {aulS11GI1 3YNP i4 Sai atu.s u,LRR wxxo. 9u mA S:ff➢9Dxi PfrtrGclleN rott m SRiiW lx4 RA,B FA RE MS lOG➢CM. Owafl DN Ix WEVr Rpn6+Glf. R6@ m CNR PLaS PO4 CaMUNiOuxmn 1] MIiRE inrA EWIP,ENF 13 IWR ,oPAm.Dx � wJm0. • AUfi m 9iflS 41.1 NID @t ObE� s.tD,ss sECP. n4L R mN Wla-P.`�PW Wti Pu um vaa XAS axxAcrcx Pars mz ax LEGEND � nWR rwwm YwE >� PR50BHaR0 CWIA/IAIDR'.1rLL ❑i be 4uxx D 1.'ux. t�i LA 9111M.,R•er: a/➢[AIRL tMu.61Rx 09 ax auF.. ,e.,s xouxR axr waNaax Q sa. aDtx,u REn_R m axcr u.l Pa, IlINLS q ..ml mY¢, x[,ta m � K•t rpR D:MS ROOM FMSH SCMDUM �1CflE[iIOR cn,vc CASN>PR &]iSl]iOOMS OfF OG PRPPrtfNIC. Wa1.KlN PlmR RiFN P WR11 CNlLN pt:1,2 � m rGwsx auON Wi A,3 � tR aR� WLWI �z OCCUPANCYLOAD 9YL3-;IaP 9f. Et1b/1A -a CmLxA/PRfaa - Ax ss. <VxrnDl - 3 t]mi !.D: ]iR9 Si. - a amwms TRW. 1PSLSG ,,Iso ss. •aUEA IS A MRR DS1PdB�L ,NLt PR MBM 1,f DFIIXRIDN [! lil RLGixMf SPIlE EN,S rEau�¢ z WR �+OW 3 W D Z W 7 Q n zN F- � ¢ Ct z¢ o 0< cc,01z CM co F CONEN F. LWEN �vttw aaa w� iN/�Q MG I1.1.1 6/26/2023 Planning Commission 1 — 49 "nth 'WrIA0 -$ k Qv —fi-% 4-0 40",— n.s.rr��0 BPS GENERAI.NOTES KEYED NOTES Q�a euxsRcpuiux'xx° swcman ssrtx, aww sa zU sm wgxc xpu 4q cu>rs �s axcspx m4x sg!.u[ apse vax wnxxurr iu[xYux[n wKM[ xouwl[u wu 40 x4. x:awae ue maux xmYlYr ioWtxl Bhpio YVY 9Y1[xCFM O� fu/xTM[ �� YkR, IgGiipx Pxga la s514u1 COLOR LEGEND MATERIAL LEGEND Slxme N' axLM PMl[a. rtINIF➢ P[R xfG SP[fIWMIIE 4ux..0 cawsi[[.uuw agog [a xs�e +a aro! wi-a s .[uxqux save Ywx exw+ nK.s a+ !xxmewo cpaex 0 [wx NwRm puxixw ME I sren pgx.q �xux saws f KIrx cmoxxoo E.[ LU V) <p O rn 5U w ~a z z Za R a N� N w A.2.1 6/26/2023 Planning Commission 1 — 50 o, wEsi ELEVAMON i- SCAN: 3 16 -1 -0 (a:1 EAST�ELEVAlf Or1 @- SC NOM ELEVATION ALE a SOUTH !:_i. ATUN CAM 6/26/2023 Planning Commission 1 — 51 r amnia � � ,xcnnt sn � .as•m Dail ate. rd ll 3 TRASH. ENCLOSURE MM. f + �6'H SCREEN WALL_ 2)T,E. TRELLIS PLAN 6e�mexs aµ�.o c�ixr`ne1iiau a�u " ecF n.ec- -�ean< n SECTION --- .gy N ,m s ;n� T knR M GATE HINGE n GATE LATCH 6/26/2023 Planning Commission iml i WEST ELEVATION NORTH_ ELEVATION 2230 NC>RTH TUSTIN AVENUE, SANTA ANA, CA. 92705 6/26/2023 Planning Commission 1 — 54 COLOR BOARD and SITE AMENITIES PACKAGE Gas Station & Convenience store 2230 N. Tustin Avenue Santa Ana, CA 92705 August 10, 2021 Prepared by: G%JCow1k MtM.,4M1 , In4M_ Design Planning Permitting 22485 La Palma Avenue, Suite 202 Yorba Linda, CA 92887 P: 714.920.9643 F: 714.917.0250 www.cccorp.com Prepared for: Farz Inc. CJC Design, Inc. Pagel III�'1~ rianniny k'Urnrnission I. Exterior Colors A. SHERWIN WILLIAMS SW6063 NICE WHITE (TRIMS) B. SHERWIN WILLIAMS SW6067 MOCHA (TOWERS) CJC Design, Inc. Page �7C•17C•1�� Planning Commission 1 — 0° C. SHERWIN WILLIAMS 7512 PAVILION BEIGE (MAIN WALLS) D. SHERWIN WILLIAMS 6328 FIRE WEED (AWNINGS) II. Exterior Wall 1 Base A. Simulated Stone Veneer CJC Design, Inc. Page ivu�n.vi•vv rianniny uUrnrnissiun Old Country Ledge — Color: Carmel Mountain Coronado Stone Products 11191 Calabash Avenue Fontana, CA 92337 P: 800.847.8663; F: 909.357.7362 www.coronado.com B. Sand Finish Stucco La Habra Stucco C. ALUMINUM SIDING LONG BOARD FACADES — Cherry planks CJC Design, Inc. Page4 • • alli • rianniny UUrnrnissiun III. Awnings A. Metal Awning Wall Section STEEL WALL. CLEAT -- 1 1 /2' STEEL ROD STEEL WE CLEAT STEEL AWNING ALUM. AND GLASS STOREFRONT B. Metal Awning Plan NOTE: 1. ALL STEEL TO BE PAINTED, (fYP.) 2. PROVIDE BLOCKIt AT ATTACHMENTS MC OX20 STEEL LINE OF BUILDING BELOW CHANNEL 16 GA. PERFORATED MTL SCREEN (SEE ITEM 6 STEEL CHANNEL FOR MORE INFO.) BOLTED TO WALL _ ..r _ )SEE DETAIL) TT STEEL WALL CLEAT I I( )) {SEE DETAIL) II II it � adILu W axi B STEEL CHANNEL un,' oo, gogq ,COO a oquoo vrrh ancoupo > STEEL BASE CLEAT HJCA .... u a u u u o W/ 1 1/2' DIA. TENSION .ucaaaoo°auou°oa° ROD (SEE DETAIL) --� .ol gr'2222F EQUAL EQUAL CJC Design, Inc. Pages �:ics•�ur� Planning Commission I — Uy C. Metal Awning Connection At Storefront �-40@0 D. Metal Awning Fascia 1 "X T X 1 /0' GALV. STEEL ANGLE. MITER 6 BUTT WELD CORNERS =I 3/8"13iA. FIN Q 12, O.C. MC BX20 STEEL CHANNEL AT ALL FOUR SIDES ; 1---- LINE OF BUILDING BLOCKING AT WOOD AND METAL STUD WALLS 1 /2` DIA- METAL BOLT AT EACH END CHANNEL WITH DOUBLE NUT AT CHANNEL FLUSH FINISH AT TOP OF STOREFRONT 1 /2' DIA. ROD - THREAD TO 3/8' DIA. AS SHO%N 16 GA. PERFORATED SHEET METAL SCREEN CJC Design, Inc. Page �7i17Llil� Planning Commission I — °1 E. Wall Cleat A t Metal A wning r CON + ECTION PER STRUCTURAL T B'x8'x3/4` STEEL BASE PLATE BASE PLATE ELEVATION k4l.s jf--� LINf OF FI1dl5fi F. Base Cleat At Metal Awning 1 1 f2- DIA. STEEL ROD CLEVIS NO. 3 1/7' TOP & BOTTOM — 2" Uk P1N W/ NUT ON ONE SIZE, COTTER PIN 4So AT OTHER SIDE. M C4 f I 3/4• PLATE WITH ti 1, 2 1/1V PIN BOLE cY WELD PER STRUCTURAL �---- -- TOP OF CHANNEL AND TUBE 2 7/8' L 1 518' t\ --A 1 J4 CJC Design, Inc. Pagel Planning Commission 1 — ° 1 IV. Window Glazing Tubelite Aluminum Glazing #14000 series 110 C1 C =e s Y g n, C rs C. Page 8 �7c17cir•� Planning Commission 1 — °L PARNMc cucuurlox RET^'L STORE GROSS FLOOR AREA " ADJACENT PROPERTY SOLID CMU WALL -2'3"FT HIS ;_21 -.�(EJ ZBOG EF NUMBER OF PA —REQUIRED: 1Tp-p- I I SPLITFACE LIGHT` BROA ' POWER -RETAIL FAE1L 1S II I D 1 SOLID CMU PERIMETER WALL-6FT HEIGHT- SPLITFACE LIGHT BROWN TEXTURE -SUBTRACT FUEL IGLANO PPRKING4 (E)PROPERTY LINE PROPERTY LINE ® —NO. ER OF PPRKINGS REQUIRED 9 '. II = 0 0 0 0 0 0 0 0 o 0 o P o 0 0 /SIGHT TOTPLNUMBEROFPARKINGS I I .LANDSCAPE TRIANGL d I 1 POLE POLE• PROVIDED: 11 m j]�FFN -e STANDARD -2 STANDARDIREPLACING 1 1 y MOUNTED MOUNTED 5'-, LIGHT REMOVED PARKINGS FROM ADJACENT NOTES: 1\burp 40'xi6'MINTRASH STAGING AREA -"LIGHT ED / FIXTURE FIXTURE -1 AnnvaN AcccsslBLE 1. REFER TO PAGE C-2 TOPOGRAPHSURVEY FOR EXISTING TOPOYC GRAPHY, WITHIN THE PUBLIC RIGHT- 1 -UNLIMITED HEIGHT CLEARANCE-Q�Wz E II 31 :(•"� O m.< oU w z F y LL wOGV ¢-_„ NOTES NO FREESTANDING SIGNS OR - VISUALOBSTRUCTIONS HIGHER THAN OF -WAY, ALONG THE O 32'-fi' II C rcl '(n L FUEL TANKS MAN E— `" >,ao w=:a 2SAREAILOVEDWRNINTHE DRIVEWAY SIGHT TRIANGLE. PROPERTY FRONTAGE AND WITHIN THE PROPERTY m — - — f - x'i \�' MINTHRoaiDlsrnncE O Qww >�� ee _ W J Q O - NO FREESTPNDING SIGNS OR LINES. I I p-o• x om �owmrc VISUAL DESTRUCTIONS HIGHER THAN 2.5'AREAILOWED wIIHIN rNESTREET 2. LOCATION OF EXISTING AND NEW WET AND DRY UTILITIES 1 1 w �= Fr CORNER SIGHT TRIANGLEIERSANTA ANA MUNICIPPL CODE SECTION 3fid5 $HEWN ON PAGE C'-38 C-0. ❑ I ILL/Ijl'U\ -- t5'0" FUEL pU ❑O wZ3 w TO3fi<T1. 3. REFER TO PAGE C4FOR PROPOSED SITE DRAINAGE 1 I� \ / 1 11 1 Illlq� 4"MIN. CONCRETE SLAB - -_ I m = S IONS IN FRONT OF TRASH ENCLO RE WALLI Z RE I-ACONEDDRIVEWAYSTOBE REPLACED WITH SIOEWPLK, CURB AND curtER PERCIn PLANS. 4. EASEMENT AGREEMENTS = 0 1 /III\� MOUNTED p;lo—NSFORMER^ O \ VAN / 1 1 PPD-Fuuv ARKIIJ /SIGHT � CANOPY AREA 160 SF FULLY \ / 1 LIGHT � b / s (ANGLE wV. lLI STANDARDS. FORPARKING10,11AID LLI DRIVEWAY ACCESS FROM 1 x FIXTURE TRMSTREET m MIN. CANOPY HEIGH 15'3" ROOFED I1 (>13FT FUEL TRUCK MAX.H H. = TRASH NEWS �NNUi ' x•:. zb Q - REQUIRED GRINDING AND CAPPING OF MINIMUM OF2'S'OF THE EXISTINGAC PAVEMENT FOR CURB ppIpCENT PROPERTIES WILLa BESUBMITTEDASSEPARATE O I I ENGLG$URE �i i �nl\� - SEE ELEVATION SHEETS \ / 1 I 1 13'-4' fi' 0" LL ul/�= 3 2 i �C 51o'L7`, LANEALGNGTHEPRGPERTY FRO NTAGEONTUETINAVENUEAND FOLDER TO THE CITY. \ / 1 I 1 It B al _ 4YD 4YD _ =5'-0' 12'- 11 I/ \III - Z$ FJO" EANTACLARAAVENUE.PAVINGMAY BE ROQEIMRED DURRNNG STREET EL /\III I- - T �\ II1\\ O IIIU: 9 E)TREE= J a ,, z- m m<- cK IF unLn CUTSARENEPO E—ND THESE Z 11 3 E S L A 1 I x AIR/W. MACHINE _ TO BE wl/ � w <' iZo,, (� LIMITS. w _ w /ml\` REMOVED- I IRE s'-p ,DI E AIR( WATER __`;, �, 1 \\` rc -wlm1 Q -10'-0'RIGHT-0E- IRREVGGABLF (,) --li ��ry - UIIN\� I 1 Im $ STATION _ 6'-5' w W vxrc r OFFER TO BE DEDICATED TOTHE CITY OF SANTAANA FOR FUTURE STREET Q I 1 W UIII/� S\1111//� z TILITY SWITCHGEAR D- �F.Z 3 w., W:waw Z Q PURPOSES, Q 1 a ice= O � � - BOX (Oj GROUND "� Q ' /lll� /lll\\V D.:. W SW�O'- .Q U� N 'As V, -REMOVE EXISTING—OCT RADIUS RETURN CURB RAMP AT SOUTHWEST EENTOSTINAVEAND (E)2 PARKING STALLS TO BE Q 1 f E FLOOR (J U TRASH _ a 1111/� �1111/ I1 ❑ /SIGHT 4 U)' a.. ..z. O W W`, •O'f SCORNER ANTACAGA sANTACLARA AVEAND REP LACE WITH NEW CURB RAWITH 2SFOOT RADIUS RETURN PER D REMOVEDAND B REPROPOSED AS o LLARDS I RIANGL C LLEC N ,- ❑ o , VE LE —' LL RETAIL STORE 'nm �= N '��Q�• sTANDAFIEREETRIPETNE ADDITIONAL PARKING IO II I 5''0" �, l ❑ NUS= Z wllo z o� n CROSSWALK AT THE INTERSECTION. IF APPLICABLE, INSTALL THE AND II. THE REPLACEMENT OF-- c - - Q 'p ) Z J PEDESTRIAN CALL BUTTON CLOSER IS RECORDED BY MEANS EASEMENTAGREEMENT�I _ /l J "i Z WALL q0•.0" - fi'-0" 0 O 5 F rc W TOTHE CURB. -uLTRAFFIC IMPACT ANALvsIs lnA) DATED 07.09.2019. (N)ACCESS ,MOUNTED \NUS wlp� , - r - LIGHT /� �1// DRIVEWAY - HVAC LOCATION ON ROOF -DECK 0 11 "- - w RECOMMENDATIONS WILL BE I R TO THE .,,%/,-Ow FROM FXTUR NN` llll\\ at W dm�a';', BUILDING PERMIT, GGLEL ATTHE DEVELOPER'SEXPENSE. O �, ADJAC T \IIU� \IIIN \\1111/� m LOADING ON � '" PRO RTY �I\ .:.'OW•Y xW�". U -INsrnuz4'BGXBTEETTREESAT ' WI SPACE TYPE CONS rRUCTION 'I �l'I\ •`0 g�2,o'' cTUSTIN R clmAnD SANTA cLAGRAN nvENUEON GROUPMOC OCCUPANCY -^; i A o: sTANDARDSANDAPPROVED—LAS NEEDED" DRIVEWAY ACCESS THROUGH SPRINKLERS STEM PROVIDED D A a m aWaZ : <Om< SERVICE ESTABLISHMENT ADJACENT RECORDED PROPERTY AND B. 1 11 11 It 11 I FIRST FLOOR 1,952 SF A 952 SF BY MEANS OF 'IQ z�N -NOFOOD ESTEA&ISNM IS PROPOSED IN THE EASEMENT 1 I 1 1 1 1 1 1 1 II a MEZZANINE AGREEMENT DATED \111U//, 11 10 9 8 ] 6 07.09.2019.. 1 1 1 / 1 1 1 1 1 1 1 1 I {300 >O¢�?-' •AED FUTURE. IMUST COMPLYWNHTHE CITYSORDINANCE NO. N626]0". P BICYCLE TOTAL 2,600 SF \III �lll1\ 1 1 1 1 1 I I IS l l 1 1 I RACK /�lllN�'7n11\�j// ZT.+:°. -THE BMPs, SHOWNONTHE APPROVEDSIIE PLAN AREONLY ,}, I /POLE MOUNTED '-1T 1 1 1 B' -6' B-B' B'-6" B'-6' 3tl G. _ \ 1111/�- d LIGHT FIXTUR III W.O.mr., �,�Qy: •, "' PRELIMINARY AND WILL BE REVISED OR MODIFIED AS NECESSARY UPON \� I I 1 m 1 / 1 1 1 1 I 1 I 1 1 6 �p PROPOSED 6"PVC SEWER LATERAL COMPLETION OF THE WQMP. PRIOR TOTHE ISSUANCE OF THE GRADING PERMrt, THE APPROVED -\IIIU, I I 1 1 11 11 11 11 1/ I I 1 I \\� F PROPOSED � / N4i /nn 5' AWAY FROM SEWER LINE BUILD N STUB GRADINc1UTI—PLAN SHALL INCORPORATE ALL REQUIRED / b I O L E I I llll\� 11 D T A Y OWERP L ETRUCTURALBMP I BOLLARDS LN CTEDI coos ILINACCGRDNH ANCEW THECAL FORNIAREGIONALWATER QUALRYCONIROLBOARDSANTAANA 15' 0 / UIII/, \UII U� \\ III/� \�, \\UIII/"Ni \\IIU, UIII/�, II/� \III/� UIII/� UIIU, \I1U, \IIII� \III/� � \ III/� UI i `���. `�� `��. `\\1111// 3w: I - - = - = _ = _ = \� , \ =, = = = \_ FREESTANDING SIGN P INQ\ yy ,SIGHT//l1\\�'/ \r '/ \� ' '/I' 1 '/l{'l �A \\r // r %�'%lc/lI �/ a AIMS%llll\�%llll\�/llll\� %ll\\� �UIISEE PAGE L _ wu�, It nu\` nm` ID` R N n N` n �\ (IVY �IIIV� s F� - TSTEWLBEDESIGNEGAD '°. '• REGIONORDER No R62009 W DIGGHARGEREQUREMENTBIMsd Aµp TRIANGLE _ (N)24" BOX STREET TREES FF'' F J = / _ "INu, �A< T-3' 2p-d' 23 B" Try = J PERMRI. IIN� 1\� II\\ 1111/� 3,- - 15 FT MAXTURNING RPDIUS FORAN / _ __ __ __ __ P ` .TRAFFIC50 INTER STATESEMIRWLEROFIENGTH 69FT. _ __ __ _____ �111\A \\\` /ll �II1\� /l '/II %l %I 01III\\\ %l %l %l % \_ \�\\ illll\^ �IIIN� //IIIN IIIN� GOLF ,•r3. IIIN IIIN llll III1 ,:.,1.•.,, .•. ..`.. c -PAVNGMAYBEREQUIRED DURINGOV O (FUTURE) PROPERTY LINE 10'IRREVOCABLE OFFER OF DEDICATION FOR (N)PROPERTY LINE R LINE 101RREVOCABLE OFFER OF • SIGHT ) % STREETIMPREMENTPLANCHECK IF UTILITY CUTS ARE NEEDED FOR NEWOT—SERVICE. O FUTURE STREET PURPOSES AFTER DEDICATIONFROM W DEDICATION FOR FUTURE STREET TRIANGLE b b i BUILDING Q PURPOSES S 4 -INSTALLSTREETUGHTSALONGTHE FUEL PROPERn FRONTAGEON TUSTIN AND DISPEN N (E)PROPERn LINE a A}Q SANTACLPRAAVENUES,PERTYPE OF LIGHT Arvocln srANDARos. VEHCL .' (EXISTING)PROPERTV LINE US STATION BENCH 'REMOVE PROPOSED( -• 2 ° REMOVE AND REPLACE DRNEWAY PER CITY STANDARDS. n ExIS(ING27K ;, AND RECONSTRUCT DAMAGED SIDEWALK PANELS °CRBTFSJDRN" ALK _. .(E)BUS STOP -`• ,ALONG THE PROPERTY .,, ''f-: SIGN;'--�O (E)ST^ RA1NM11t1NH(iJ,E FRONTAGE`;, WATERLINE JQ���60Q.0 �yoyy POD cu.cuureD wAsrE AxD REcvcLABLE srORAGE,wEA WASTE STORAGE AREA REQUIRE &SF 3'-P p 18" R.C.P. STORM DRAIN LATERA rc PLACE (N WASTEsroRA RGVI &EAREAPDED: n. o. e, LEGEND (MIN Sox CRS— TABLE MArenw1S) "ITT TURN ONSIGN "I". D.I. WATER LINE ® SURFACE TO UNDERGO GRINDING AND CAPPING M SIDEWALK TUSTIN AVENUE (E)TRAFFIC POLE ® PEDESTRIAN WALKWAY FI LANDSCAPEAREA 60"R.C.P. STORM DRAIN LINE ON TUSTIN AVENUE CENTERLINE -TRASH COLLECTION TRUCK WITH MIN. TURNING RADIUS OF 42', TRUCK LENGTH OF 30 AND WIDTH OF 9'. FOR FUEL SUPPLY CIRCULATION PATTERN, SEE PAGE T-02. NOTE: - MINIMUM 40' x 1S WIDE STAGING AREA SHALL BE AVAILABLE ON SERVICE DAYS FROM SAM TO 6PM; 10'-0" RIGHT-OF-WAY IRREVOCABLE OFFER TO BE DEDICATED TO THE CITY OF SANTA ANA FOR FUTURE STREET - MINIMUM VERTICAL CLEARANCE OF 25' AT THE STAGING AREA FOR BIN SERVICE CLEARANCE; PURPOSES. -MINIMUM 13' VERTICAL CLEA 0 S T 25'X25'CORNER CUT-OFF DEDICATION TO THE CITY OF SANTA ANA FOR STREET PURPOSES. QC �IfT�Q ARE ToWAY -ALLST-ALL FOR LIGH ING FIX( RETAILS, SEE PAGE A-10. DRAVEINGAREA AND STAG STAGING OSUS AINAMINIMUM GROSS WEIGHT OF 60,000LBS PER VEHICLE; TOTALS EFS,EjR IS 290.25FT, PER SAMC SECTION 41-862 ONLY ONE FREESTANDING SIGN IS ALLOWED. WWW.MOBMLCOM MANAGEMENT OF BUILDING,BRIDGES, INFRASTRUCTURES 8 LANDS z o I= i � � inw o �o OQROFESS/ON9 QF' BEHROUZ C� BOZORGNIA C79581 K A CIVIL �$ 9rFOFCAI\�� = O N EE GO to N jm O U z Go Q Z Z �Q H z LL H NN ~ N W V1 K Z O O O a Z J IL Lu DATE I. — SCALE ­11- SHEET A-03 ORANGE COUNTY REPORTER -SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 2230 N Tustin Ave (June) To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 06/16/2023 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $117.80 Total $117.80 Daily Journal Corporation Serving your legal advertising needs throughout California. ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 2874866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 OR# 3711439 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions . Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Proiect Location: 2230 North Tustin Avenue located within the Arterial Commercial (C5) zoning code Proiect Applicant: Fred Cohen (Applicant) Heinecke Gould Properties LLC (Property Owner) Proposed Proiect:Applicant is proposing to modify Conditional Use Permit No. 2019-41 to construct a new service station with a 2,880 square foot canopy and a 2,150 square foot mini -mart. A conditional use permit is required to allow a service station the C5 zone. A second conditional use permit is required for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft. of a school, public park, or residence. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review and Categorical Exemption ER No. 2017-83 will be filed for this project. Meeting Details: This matter will be heard on Monday, June 26, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting- participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana. pn megov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Cristian Santana with the Planning and Building Agency at CSantana@santa- ana.org or714-667-2728. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas an espanol, favor de Hamer a Nuvia Ocampo (714) 667-2732. NaucanlienI@cbangtiangVi0t, An di g n tho @ i cho Tony Lai s o (714) 565-2627. 6/16/23 OR-3711439# Planning Commission CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 198E o Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Project Location: 2230 North Tustin Avenue located within the Arterial Commercial (C5) zoning code Project Applicant: Fred Cohen (Applicant) Heinecke Gould Properties LLC (Property Owner) Proposed Project: Applicant is proposing to modify Conditional Use Permit No. 2019-41 to construct a new service station with a 2,880 square foot canopy and a 2,150 square foot mini -mart. A conditional use permit is required to allow a service station in the C5 zone. A second conditional use permit is required for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft. of a school, public park, or residence. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review and Categorical Exemption ER No. 2017-83 will be filed for this project. Meeting Details: This matter will be heard on Monday, June 26, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(a�santa-ana.org (reference the Agenda Item # in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Cristian Santana with the Planning and Building Agency at CSantana(a)_santa-ana.org or 714-667-2728. 6/26/2023 Planning Commission 1 — 65 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 1000' RADIUS NOTIFICATION MAP Fi. i.- rr I I ' Ij� A - 4 A 2230 North Tustin Avenue 1,000 Foot Buffer Map ;V R, M3 Olohal Wo Products. /ll Mhft rcsarwd. 6/26/2023 Planning Commission 1 — 66 Notice #: 19-41 AN NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decisio -ma ing process. This notice is being sent to those who live or own property witheet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any q Ii Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Project Location: 2230 North Tustin Avenue located within the Arterial Commercial (C5) zoning code Proiect Applicant: Fred Cohen (Applicant) Heinecke Gould Properties LLC (Property Owner) Proposed Proiect: Applicant is proposing to modify Conditional Use Permit No. 2019-41 to construct a new ervice station with a 2,880 square foot canopy and a 2,150 square foot mini -mart. A conditional use permit second conditional use permit is required for businesses s required to allow a service station in the CS zone. A it, or store regulated compounds, requiring a regional, state, or federal permit to discharge, handle, em materials, or substances and is located within 500 ft. of a school, public park, or residence. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review and Categorical Exemption ER No. 2017-83 will be filed for this project. Meeting Details: This matter will be heard on Monday, June 26, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in - person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.oLgZl2b/meeting-participgtion. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeCommentsCa)santa-ana.org (reference the Agenda Item # in the subject line) or mail to Nuvia Ccampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be ound on the City website 72 hours prior to the public hearing at: https://santa- ana.r)rimegov.com/public portal. Who To Contact For Questions: Should you have any questions, please contact Cristian Santana with the Planning and Building Agency at CSantana@santa-ana.org or 714-667-2728. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 40 \ _ \FW/.z Ocampo, Nuvia From: lauren hartshorne <Ihartshorne21 @gmail.com> Sent: Monday, June 26, 2023 4:03 PM To: eComments, PBA Subject: 2230 North Tustin Avenue opposition I vote to oppose the gas station at this address. My concerns are the following: 1. The proximity of a gas station near a school (it is important to stress Kindergarten). A conditional use permit (CUP) is required for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft of a school (K-12), public park, or residence. In this case, this station is within 500 feet of both a school and residences. Effective December 22, 20222, a CUP is required! 2. Our concerns surround the health and safety of the children. While measures will be put in place to reduce the emissions of fumes, the risk is not zero. Deliveries will only be allowed after hours, but who will manage that? There are frequent accidents in this intersection, what prevents a car from entering the station and clipping a pump? Obviously, these are not every occurrence and the risk is likely low, but it is still a risk. 3. Traffic impact: The existing driveway on Santa Clara will remain. This is very close to our driveway. Additionally, Santa Clara is 2 lanes in front of the school. Increased traffic will impact the flow of daily travel. 4. Homeless: The existing gas stations in the area, in particular, the 7-11 at 17th and Tustin Ave., have major issues with homeless people. We have worked very hard to reduce this on our property, but a gas station with mini market will increase the likelihood. Again, this is a safety concern. 5. There are 5 gas stations within approximately 1/2 mile of the proposed site (17th/Tustin, 55/17th, Tustin/Fairhaven, and 2 at Santa Clara/Grand). How does a 5th station provide additional services to the residents, workers, and visitors? 6. The sale of alcohol: While this is not a concern with the city, as I understand it, they will apply for an alcohol sales license in the future. Currently, alcohol can be purchased at Stater Brothers, the Liquor Store next to Stater Bros, the Mini Mart behind Starbucks, and definitely at 7-11 (1 assume all the other gas stations as well). Again, this is a safety concern as well as an unneeded service in the area. I am happy to discuss this further with anyone! My goal is not to keep this lot empty as I do believe in the development of the site, but I do oppose it being a gas station. Ocampo, Nuvia From: Jeff Jensen <jj@chapteronetml.com> Sent: Monday, June 26, 2023 3:54 PM To: eComments, PBA Subject: 2230 North Tustin Avenue Good Afternoon Commission & Staff, WOULD YOU ENROLL YOUR KID AT A SCHOOL NEXT DOOR TO A GAS STATION???????????? My name is Jeffrey Jensen with my wife Amy and our daughter and niece go to Plumfield Preschool. We live in the city and love that our daughter & niece love going to school at such a great preschool in the city. The teachers and staff at Plumfield are amazing and work really well with all of the kids at all of the different age groups. If there would have already been a gas station on the corner, we would have never enrolled our daughter at Plumfield. Just the thought of all of the potential cancerous fumes from gas, traffic and a driveway (with cars rushing in and out of to get to get gas) so close to the entrance of the school would deter me from having my daughter attend. Kids should be able to play and learn with clean air, not with fumes and carcinogins. Also, there are plenty of other gas stations in the area, what benefit is there from adding another station? 4-5 stations within a few blocks of the location. It also doesn't seem like a good use of land for a business that the state of CA is moving away from. I love the forward thinking of the city of Santa Ana and know that the city can see a better use than another gas station. Sounds like a great school can be around a lot longer than a gas station according to the state. A gas station on the corner will be detrimental to Plumfield. Wasn't there a gas station there a long time ago that didn't work out when it was just gas powered cars before EV's hit the market? Starting in 2035, California will prohibit the sale of new gas -powered cars. A measure approved by the California Air Resources Board requires all new cars, SUVs and pickup trucks sold in the state to generate zero tailpipe emissions by then. Governor Newsom Announces California Will Phase Out Gasoline -Powered Cars & Drastically Reduce Demand for Fossil Fuel in California's Fight Against Climate Change Link below- 1 Governor Newsom Announces California Will Phase Out Gasoline -Powered Cars & Drastically Reduce Demand for Fossil Fuel in California's Fight Against Climate Change I California Governor gov.ca.gov Thank you, JJ Jeffrey Jensen Chapter One: the modern local 227 N. Broadway Downtown Santa Ana, CA 92701 (714)352-2225 MAIN www.chqRteronetmI.com Ocampo, Nuvia From: Carol Purvis <capurvis@cox.net> Sent: Monday, June 26, 2023 3:22 PM To: eComments, PBA Subject: 2230 North Tustin Avenue I am an owner, Purvis Enterprises, LLC, of the property adjacent to the proposed development. My property is a Pre -School and Kindergarden which has been utilized for this purpose since 1972. While I am in no way opposed to the adjacent property being developed, I have serious concerns about the gas station/mini market and the toxic fumes, traffic, and alcohol being sold and/or consumed on the premises. I am aware that the State of California requires a CUP for the development of any type of business which emits (or has the ability to emit) toxic fumes within 500 feet of a school. This property is adjacent to a school with young children who play in outside play areas several hours a day. I cannot help but believe this is the exact situation that this requirement was intended for. How is it that just 6 months after enacting this requirement, the City is willing to issue a CUP to negate what was deemed as an unhealthy situation? While I realize that the City has attempted to improve traffic conditions by installing a left turn light at the intersection of Tustin Ave and Santa Clara, with the addition of a driveway within a few feet of the intersection and 2 additional driveways (into the Stater Bros/Del Taco center and my property), already a congested intersection, I cannot believe that this is not asking for traffic accidents and I have major concerns for the safety of my families. Please also note that you are adding additional traffic to the area with the proposed McDonalds' just across the street from my property. Have traffic studies been done with the addition of a service station on the subject property? I do not believe that when prior traffic studies were performed this project was a factor. Lastly, the issue of a mini -mart -- I have experienced considerable disruptions due to homeless people using my property at night. While I recognize and sympathize with the homeless situation, private property should not be jeopardized by the City allowing magnet type businesses. We all recognize that substance abuse is a major cause or result of homelessness. We have taken all recommended steps to discourage the use of our property by this group, having spent several thousand dollars on cameras, security lighting, signage, etc. The development of a mini-market/service station is a magnet for this, just look at the 7/11 at Tustin and 17th! There is a mini -mart on the NE corner of Santa Clara and Tustin Ave, liquor is sold in the shopping center directly across Santa Clara. Why would you authorize a mini market that sells alcohol adjacent to a school? The State of California Liquor Licensing Board has always supported not selling liquor or consuming liquor within 300 Feet of a school. While I realize the City of Santa Ana does not issue the liquor license, this is just one more example of why the CUP's being requested should be denied. I In conclusion, please keep in mind that child care in the State of California, and for that matter in most states, has fallen far behind the need and families are looking for safe, respected, loving care for their children. We have offered that for more than 45 years. Please do not jeopardize that service by allowing a gas station/mini-mart right next door. Carol Owner Purvis Enterprises, Inc. ra Ocampo, Nuvia From: Adam Tichy <adamtichy@yahoo.com> Sent: Monday, June 26, 2023 3:39 PM To: eComments, PBA Subject: Gas station concern Please do not build a gas station right next to our preschool. I don't want my children breathing in toxic fumes all day. Thank you -Adam Tichy A concerned parent Sent from my Whone Ocampo, Nuvia From: Sent: To: Subject: To whom it may concern, Jasmine Young <jasminesolei@gmail.com> Monday, June 26, 2023 3:23 PM eComments, PBA 2230 North Tustin Avenue PUBLIC COMMENT Please consider denying the construction of a gas station right next to my child's school. For several reasons this is a bad idea. Some points of concern are as follows: 1. The proximity of a gas station near a PRESCHOOL AND KINDERGARTEN. A conditional use permit (CUP) is required for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft of a school (K-12), public park, or residence. In this case, this station is within 500 feet of both a school and residences. Effective December 22, 2022, a CUP is required! 2. Our concerns surround the health and safety of the children. While measures will be put in place to reduce the emissions of fumes, the risk is not zero. Deliveries will only be allowed after hours, but who will manage that? There are frequent accidents in this intersection, what prevents a car from entering the station and clipping a pump? Obviously, these are not every occurrence and the risk is likely low, but it is still a risk. 3. Traffic impact: The existing driveway on Santa Clara will remain. This is very close to our driveway. Additionally, Santa Clara is 2 lanes in front of the school. Increased traffic will impact the flow of daily travel. 4. Homeless: The existing gas stations in the area, in particular, the 7-11 at 17th and Tustin Ave., have major issues with homeless people. We have worked very hard to reduce this on our property, but a gas station with mini market will increase the likelihood. Again, this is a safety concern. 5. There are 5 gas stations within approximately 1/2 mile of the proposed site (17th/Tustin, 55/17th, Tustin/Fairhaven, and 2 at Santa Clara/Grand). How does a 5th station provide additional services to the residents, workers, and visitors? 6. The sale of alcohol: While this is not a concern with the city, as I understand it, they will apply for an alcohol sales license in the future. Currently, alcohol can be purchased at Stater Brothers, the Liquor Store next to Stater Bros, the Mini Mart behind Starbucks, and definitely at 7-11 (I assume all the other gas stations as well). Again, this is a safety concern as well as an unneeded service in the area. All of us parents and community members are put into uncomfortable situations if this lot is turned into a gas station. Please consider these points before granting a permit to this cause. -Jasmine Young -Lynch 13642 Dall Lane Santa Ana CA 92705 CSUF Class'24 Pronouns: She/her Major: Art Education Phone: 714-418-4826 Creative Focus OC Ocampo, Nuvia From: Sent: To: Subject: To whom it may concern, trina Andjani <trina.andjani@gmail.com> Monday, June 26, 2023 2:48 PM eComments, PBA 2230 North Tustin Avenue I am writing to express my deep concerns about the proposed gas station near our children's kindergarten. Having a gas station in such close proximity poses serious safety risks that must be addressed. The potential hazards of storing and dispensing flammable materials in the vicinity of a school are alarming. Accidents, fuel leakage, fires, or explosions could have devastating consequences for our children and the entire community. Furthermore, the increased traffic from the gas station would exacerbate the already congested drop-off and pick-up areas, jeopardizing the safety of our children. I implore you to reconsider the location and thoroughly evaluate the potential risks associated with this proposal. Our children's safety should always be our top priority, and we must take proactive measures to protect them from unnecessary dangers. I urge you to prioritize the well-being of the school community and its neighborhood when making decisions that affect our children's lives. Thank you for your immediate attention to this urgent matter. Sincerely, Petrina Andjani Ocampo, Nuvia From: Sent: To: Subject: To whom it may concern, Ariana Contreras <ladyredwrx@yahoo.com> Monday, June 26, 2023 2:48 PM eComments, PBA 2230 N. Tustin Ave, Tustin, Ca 92705 I am reaching out to express my deep concerns about the proposed gas station near our children's school. Having a gas station in such close proximity poses serious safety risks that must be addressed. The potential hazards of storing and dispensing flammable materials in the vicinity of a school are alarming. Accidents, fuel leakage, fires, or explosions could have devastating consequences for our children and the entire community. Furthermore, the increased traffic from the gas station would exacerbate the already congested drop-off and pick-up areas, jeopardizing the safety of our children. I implore you to reconsider the location and thoroughly evaluate the potential risks associated with this proposal. Our children's safety should always be our top priority, and we must take proactive measures to protect them from unnecessary dangers. I urge you to prioritize the well-being of the school community and its neighborhood when making decisions that affect our children's lives. Thank you for your immediate attention to this urgent matter. Ariana Contreras Ocampo, Nuvia From: Kyrstyn Goodall <kyrstyngoodall@yahoo.com> Sent: Monday, June 26, 2023 2:55 PM To: eComments, PBA Subject: 2230 north Tustin ave Good afternoon, I am writing to request that there not be a gas station built next door to a kindergarten due to it being a health and safety concern. Thank you, Kyrstyn Conners Sent from my Whone Ocampo, Nuvia From: Arnie Grenfell <amiegrenfell@gmail.com> Sent: Monday, June 26, 2023 2:26 PM To: eComments, PBA Subject: Regarding 2230 North Tustin Avenue Hello, I am writing to express my opposition to the development of a gas station at the address referenced in the subject. While I do not believe this lot should remain vacant, there are already so many gas stations available in the nearby vicinity that renders another one unnecessary and unwanted. Furthermore, I am a parent. I, and several of our neighbors, have children enrolled in the adjacent school. It's a respected institution in our neighborhood (we live along Santa Clara Ave.). My child in particular has asthma, and while I know that my individual child wouldn't have much of an impact on your decision, I hope that the knowledge that residents in the nearby community love the school and are all concerned about the health impacts to your vulnerable residents. I would love for some small businesses, restaurants or retail, to revitalize the area and give residents a more pedestrian friendly environment. A gas station would contribute absolutely nothing for the community. I hope you will take the opposition from the residents into consideration. Thank you. Warm Regards, Arnie Grenfell Santa Ana Resident Ocampo, Nuvia From: Patty Gutierrez <ptorres2183@gmai1.com> Sent: Monday, June 26, 2023 2:37 PM To: eComments, PBA Subject: 2230 North Tustin Avenue Good Afternoon, We recently heard that there is to be a gas station built in the area. I have a niece that attends Plumfield Preschool. We are concerned that a gas station will bring more traffic to this already busy area. If they will be selling Alcohol this may also attract Homeless to the area. Why would we want this type of environment around any small children? Please reconsider this new build for our kids. Concerned Community Member Thank you. Ocampo, Nuvia From: Curt Hixson <curthixson5@gmail.com> Sent: Monday, June 26, 2023 2:47 PM To: eComments, PBA Subject: Parent opposing gas station at 2230 North Tustin Avenue Hello, I am writing in opposition to the issuance of a Conditional Use Permit for the property located at 2230 N. Tustin Ave. The development is located within 500 feet of the school my child attends. I am opposed to this development due to the health and safety concerns of the current and future children in the care of Plumfield School. Additionally, there are 5 other gas stations within 1/2 mile radius of the proposed project, therefore, it is not bringing new nor additional services to the area. Thank you for your time and consideration, Curt Hixson Ocampo, Nuvia From: Catherine Hoang <cat.hoang84@gmai1.com> Sent: Monday, June 26, 2023 2:58 PM To: eComments, PBA Subject: Proposed gas station at 2230 North Tustin Avenue To Whom it may concern, It was brought to my attention the proposed gas station facility at or near 2230 North Tustin Avenue. My family and I are highly opposed to this as it poses not only an environmental exposure concern but a physical safety concern if built right next door to an educational facility with young children and toddlers. Catherine M. Hoang cat.hoang840gmail.com 949-331-8214 cell Ocampo, Nuvia From: Jana Lichtenwalter <fsb2g2@gmail.com> Sent: Monday, June 26, 2023 2:36 PM To: eComments, PBA Subject: 2230 N Tustin Ave To whom it may concern I am strongly against having a gas station right next to.a kindergarten. There are so many health concerns and traffic situations that is very concerning. Sent from my iPhone Ocampo, Nuvia From: Gabriela Morales <msgabrielamorales@gmail.com> Sent: Monday, June 26, 2023 2:29 PM To: eComments, PBA Subject: Parent opposing gas station at 2230 North Tustin Avenue Hello, I am writing in opposition to the issuance of a Conditional Use Permit for the property located at 2230 N. Tustin Ave. The development is located within 500 feet of the school my child attends. I am opposed to this development due to the health and safety concerns of the current and future children in the care of Plumfield School. Additionally, there are 5 other gas stations within 1/2 mile radius of the proposed project, therefore, it is not bringing new nor additional services to the area. Thank you for your time and consideration, Gabriela (Morales) Hixson Ocampo, Nuvia From: Sent: To: Subject: To Whom This May Concern: Crystal Nguyen <crystal.m.nguyen@gmail.com> Monday, June 26, 2023 2:28 PM eComments, PBA 2230 North Tustin Avenue As a concerned parent of the Kindergarten next door, I am extremely against a gas station going in to the lot. I am concerned for my children's health and SAFETY. As a Santa Ana resident, I know there is a big homeless problem and a gas station is only going to bring more of that around. Especially with alcohol sales. There are already plenty of gas stations and liquor stores within 1/2 mile. Please do not put a gas station next door to a Kindergarten Ocampo, Nuvia From: Jack Potter <nyscouse@hotmail.com> Sent: Monday, June 26, 2023 2:29 PM To: eComments, PBA Cc: Kim Cordoba Subject: Development on the corner of Santa Clara/Tustin Ave. - Parent of Plumfield School Children To Whom it May concern, We have had children attending Plumfield since 2018 and still have one child there currently. The potential development of the corner of Santa Clara/Tustin Ave into a gas station is concerning with regard the health and safety of our child. There is already a very noticeable homeless/vagrant presence around the school and they have had some trespass issues already. With the gas station (gas/mini-mart) it brings even more reason for the homeless to stay in the area of the school. It is also a VERY busy and difficult intersection to navigate in/out of the school premises and this will make the safety of the children/cars entering and leaving the school property even worse. Please use common sense in the development of this corner as there is already gas stations nearby with homeless issues. The gas stations and grocery stores already serve the need for gas/food/beverages.... why are you considering putting one IMMEDIATELY next to our school? We appreciate your kind consideration on this matter. Thanks, Jack Potter Parent of Plumfield School Child Ocampo, Nuvia From: Jessica Prechtl <jsteaffens@gmail.com> Sent: Monday, June 26, 2023 2:56 PM To: eComments, PBA Subject: 2230 North Tustin Ave Hi, My two year old daughter attends the preschool at Plumfield neighboring the corner of Santa Clara and Tustin Avenue. I am writing to strongly oppose the development plan to put in a gas station on the property at 2230 N. Tustin Ave. This potential project would have significant health impacts on the growing minds and bodies of hundreds if not thousands of young people in Santa Ana over the next generation. The community does not need a new gas station, especially in close proximity to where there are five other gas stations in a 1/2 mile radius that are easily accessible (17th/Tustin, 55/17th, Tustin/Fairhaven, and 2 at Santa Clara/Grand). That land should be used to develop something that would clearly meet a community need and promote community health, such as a parklet with exercise equipment, an urban farm or anything with open space and trees. Any other developments would be fine, just please not a gas station! Thank you, Jessica Prechtl 626-225-0301 Jessica Prechtl Cell: (626) 225-0301 Ocampo, Nuvia From: Leslie Skorheim <leslieskorheim@gmail.com> Sent: Monday, June 26, 2023 2:32 PM To: eComments, PBA Subject: 2230 North Tustin Ave. To whom this may concern - I do not want a gas station built and operating next door to Plumfield Kindergarten. It will cause extreme health and safety issues for the children (and their families) that attend the school. Thank you. Leslie Skorheim Ocampo, Nuvia From: Sent: To: Subject: Importance: To Whom It May Concern: Nikki Tichy <nikki@877termite.com> Monday, June 26, 2023 2:17 PM eComments, PBA Re: 2230 North Tustin Avenue High I am writing today as a concerned parent of the Kindergarten next door to the empty lot. My children attend the Kindergarten and I do not want my children exposed to any gas fumes. Also, it is already a high traffic area with cars and people. If a gas station is put in by the school, I'm extremely worried about the likelihood of homeless people, as that is a rising problem in Santa Ana already. Furthermore, I cannot imagine alcohol being sold next door to a Kindergarten and what type of traffic that will bring around my kids. There's a liquor store across the street and a grocery store. We don't need anymore near the school. There are also 5 other gas stations within % mile. Please reconsider a gas station being put in right next door to a KINDERGARTEN where our children play outside. Nikki 7J1Ch4 REGIONAL OFFICE MANAGER I THE TERMITE GUY + PEST CONTROL FREE: 1.877.TERMITE I PHONE:714.835.0135 1 FAX:714.835.0140 Ocampo, Nuvia From: Mel U <6uribemelitza@gmail.com> Sent: Monday, June 26, 2023 2:50 PM To: eComments, PBA Subject: 2230 North Tustin Avenue I understand your concern about the construction of a new gas station near a kindergarten. It is indeed important to prioritize the safety and well-being of young children, especially in their immediate environment. The proximity of a gas station to a kindergarten raises several potential issues that should be carefully considered. Firstly, the presence of a gas station introduces increased vehicular traffic in the area, which can pose a risk to the safety of children and pedestrians. The heavy flow of vehicles, combined with the hustle and bustle of a gas station, may lead to congestion, making it harder for parents, caregivers, and kindergarten staff to navigate through the area safely. Secondly, gas stations inherently involve the handling and storage of flammable materials. While safety precautions are typically in place, accidents can still happen, and the close proximity of such a facility to a kindergarten raises concerns about potential hazards. A gas station is not an ideal neighbor for a location where young children spend their time learning and playing. Moreover, the emissions from vehicles and fuel -related activities at a gas station can contribute to air pollution. Exposure to pollutants can have adverse health effects, particularly on young, developing lungs. Considering the vulnerability of kindergarteners and their developing respiratory systems, it becomes crucial to ensure their exposure to clean air. Given these concerns, it would be advisable for the relevant authorities and local community to thoroughly evaluate the potential risks and benefits of having a gas station in such close proximity to a kindergarten. Alternative locations or stricter regulations regarding the construction and operation of gas stations near educational institutions might need to be considered to prioritize the safety and well-being of the children. Melitza Uribe 06/26/2023 714-605-9709 a CITY OF SANTA ANA r Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA The City of Santa Ana encourages the public to participate in the decision -making process. The following notice is being provided so that you can ask questions, make comments, and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions. NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below. Project Location: 2230 North Tustin Avenue located within the Arterial Commercial (C5) zoning district. Project Applicant: Fred Cohen (Applicant) Heinecke Gould Properties LLC (Property Owner) Proposed Project: City Council consideration of Appeal Application No. 2023-06, appealing the decision of the Planning Commission to: 1. Deny modification to Conditional Use Permit No. 2019-41 to construct a new service station with a 2,880 square foot canopy and a 2,150 square foot mini -mart, and 2. Deny Conditional Use Permit No. 2023-03 for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft. of a school, public park, or residence. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review. Categorical Exemption ER No. 2017-83 will be filled for this project. Action Taken by the Planning Commission on June 26, 2023: Deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03. VOTE: 5-2-0 (Chairperson Pham and Commissioners Ramos, Woo, Escamilla, and Oliva voted yes; Commissioners Leo and Benninger voted no). Meeting Details: This public hearing will be held on Tuesday, October 03, 2023, at 5:45 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting- participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to eComment(_santa-ana.org (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record. Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk's Office during regular business hours and posted on the City's website the Tuesday before a Council meeting at: https://www.santa-ana.org/cc/city-meetings. Who To Contact For Questions: Should you have any questions, please contact Cristian Santana with the Planning and Building Agency at CSantana(@santa-ana.org or (714) 667-2728. Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. Jennifer L, Hall, CMC City Clerk Publish: Orange County Reporter — Legals Section Date: 1000' RADIUS NOTIFICATION MAP i �I - WF r I? k rt 4. ; e 2230 filorth Tustin Avenue 1,000 Foot Buffer Map x, 2a21 Woltal Hm N-oaurrs. w runts rescrtcd. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA CITY COUNCIL The City of Santa Ana encourages the public to participate in the decision -making process. The following notice is being provided so that you can ask questions, make comments, and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions. NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below. Project Location: 2230 North Tustin Avenue located within the Arterial Commercial (C5) zoning district. Project Applicant: Fred Cohen (Applicant); Heinecke Gould Properties LLC (Property Owner) Proposed Project: City Council consideration of Appeal Application No. 2023-06, appealing the decision of the Planning Commission to: 1. Deny modification to Conditional Use Permit No. 2019-41 to construct a new service station with a 2,880 square foot canopy and a 2,150 square foot mini -mart, and 2. Deny Conditional Use Permit No. 2023-03 for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft. of a school, public park, or residence. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review. Categorical Exemption ER No. 2017-83 will be filled for this project. Action Taken by the Planning Commission on June 26, 2023: Deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03. VOTE: 5-2- 0 (Chairperson Pham and Commissioners Ramos, Woo, Escamilla, and Oliva voted yes; Commissioners Leo and Benninger voted no). Meeting Details: This public hearing will be held on Tuesday, October 03, 2023, at 5:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.orq/pb/meeting- participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to eCommentCa)_santa-ana.org (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record. Where To Get More Information: All staff reports regarding any item on this agenda are available Tor public inspection in the City Clerk's Office during regular business flours and posted on the City's website the Tuesday before a Council meeting at: https://www.santa- ana.org/cc/city-meetings. Who To Contact For Questions: Should you have any questions, please contact Cristian Santana with the Planning and Building Agency at CSantana(a-)_santa-ana.org or (714) 667- 2728. Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai so (714) 565-2627. Orozco, Norma From: Steve Bowers < > Sent: Wednesday, September 27, 2023 5:05 PM To: eComment Subject: Agenda Item # Appeal Application No. 2023-06 Appealing the Decision of the Planning Commission to Deny Modification to Conditional Use Permit (CUP) No. 2019-41 and CUP No. 2023-03 for a New Service Station at 2230 N. Tustin Avenue To Santa Ana Council Members, My family and I have discussed the proposed modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 at 2230 North Tustin Avenue, Santa Ana, CA. y That corner is already one of the busiest intersections in the area, with the new restaurants recently opened at the corner of Tustin Avenue and 17t" Avenue. With addition of a mini mart and gas station, the access into and out of the new structure would certainly increase the risk of accidents. The City has recently installed a new left turn light at this intersection, which helps with the flow of traffic. Patrons of the new mini mart would potentially be waiting for busy traffic flow west on Tustin to exit for quite some time. y There has been a mini mart and gas station at the corner of 17t" and Tustin for many years. The addition of a new mini mart within 2 mile of the current station is a bit of over kill. Historically, the California landscape has had gas stations/mini marts on multiple corners. Within the past 20- 30 years, that luxury has become a thing of the past. y With the addition of more E-Vehicles on the road within the next 10-15 years under our current Governors mandate to have E-Vehicles by 2035, the new mini mart will become a dinosaur. There has to be a better use for the lot under consideration in this Appeal. As a homeowner within 2 mile of the site, I concur with the vote of the Council Members on 6/26/2023. I strongly urge the Council Members to deny Appeal to Application 2023-06. Regards, Stephen U. Bowers 3 Orozco, Norma From: Jessica Prechtl Sent: Wednesday, September 27, 2023 10:20 PM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave Dear City Council Members, My two year old daughter attends the preschool at Plumfield neighboring the corner of Santa Clara and Tustin Avenue. I am writing to strongly oppose the development plan to put in a gas station on the property at 2230 N. Tustin Ave. This potential project would have significant health impacts on the growing minds and bodies of hundreds of young people in Santa Ana. The community does not need a new gas station, especially in close proximity to where there are five other gasstations in a 1/2 mile radius that are easily accessible (17th/Tustin, 55/17th, Tustin/Fairhaven, and 2 at Santa Clara/Grand). That land should be used to develop something that would clearly meet a community need and promote community health, such as a parklet with exercise equipment, an urban micro -farm or anything with open space and trees to improve air quality. Any other developments would be fine, just please not a gas station! Thank you, Jessica Prechtl Orozco, Norma From: Nikki Tichy Sent: Thursday, September 28, 2023 8:23 AM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave To Whom It May Concern: AGAIN, I am writing today as a concerned parent of the Kindergarten next door to the empty lot. My children attend the Kindergarten and I do not want my children exposed to any gas fumes. The fact that this is even up for debate is mind boggling. Regarding fume emissions, who should we contact with concerns? Who monitors and tracks air quality control? The school is 500 feet away. Would you allow you children to play at a gas station? No, they stay in the car. Pumping gas takes a few minutes. My children are at school for 9 hours. This is already a high traffic area with cars and people. If a gas station is put in by the school, I'm extremely worried about the likelihood of homeless people, as that is a rising problem in Santa Ana already. With more cars crowding the area, this will cause more car accidents. Furthermore, I cannot imagine alcohol being sold within 500 feet of a Kindergarten and what type of traffic that will bring around my kids. There's a liquor store across the street and a grocery store. We don't need anymore near the school. There are also 5 other gas stations within % mile. I am begging you to please not allow a gas station to be put in next door to a KINDERGARTEN where our children play outside. We send them to this school to provide a SAFE environment. As a parent, you just want the best for your children. A gas station is the worst business you can put 500 feet away. Nikki Tich4 REGIONAL OFFICE MANAGER I THE TERMITE GUY+ PEST CONTROL FREE I PHONE- I FAX- Orozco, Norma From: Leslie Skorheim Sent: Thursday, September 28, 2023 8:54 AM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave To whom this may concern - I vehemently oppose a gas station being built and operated next door to Plumfield Kindergarten. It will cause extreme health and safety issues for the children (and their families) that attend the school and will unnecessarily impact traffic in the area. Thank you. Leslie Skorheim Orozco, Norma From: Michelle Caldwell Sent: Thursday, September 28, 2023 8:56 AM To: eComment Subject: Item #17-2230 N. Tustin Ave. !No gas station next to kindergarten ! ! ! As a homeowner in Orange County CA, I am strongly against a gas station being put next to a kindergarten. This is a huge safety hazard for many many reasons! Regarding agenda item #17-2 230 N. Tustin Ave. Kindly, Michelle Caldwell Business Development _b 1,-m1,o„�,�. Direct Mobil Connect with us: Privileged And Confidential Communication. This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited. 7 Orozco, Norma From: trina Andjani Sent: Thursday, September 28, 2023 10:46 AM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave Dear Planning Commission/City Council Members, As a concerned parent with children enrolled in the nearby kindergarten, I am deeply unsettled by the forthcoming gas station development near the school and residential areas. My concerns are not only professional but also deeply personal, as they directly impact the health, safety, and well-being of my family and others in the community. Here are my concerns: Children's Health and Safety: - Air Quality: The proximity to a school means that children are at risk of inhaling harmful fumes. Studies have shown long-term exposure to such fumes can adversely affect lung development in children. - Accidents: The nearby intersection is a high -traffic area with a history of frequent accidents. This increases the likelihood of a catastrophic event involving the gas pumps. - Regulation of Deliveries: Although plans indicate that deliveries are to occur after school hours, there's no clear mechanism for enforcement. Conditional Use Permit Requirements: - Proximity to School and Residences: The new law mandates a Conditional Use Permit (CUP) for businesses located within 500 feet of schools or residential areas, effective December 22, 2022. - Regulatory Oversight: Ignoring the CUP requirement would set a worrisome precedent for future projects. Homelessness Issues: - Safety Risks: The presence of homeless individuals at similar businesses nearby poses a safety risk to children and families. - Quality of Life: The influx of homelessness often requires additional policing and affects the overall quality of life in the area. Traffic Congestion: - Limited Road Space: Santa Clara Avenue is only a two-lane road and can ill -afford the additional traffic. - Intersection Safety: The entrance on Santa Clara is too close to other driveways, raising concerns about vehicle safety and the flow of traffic. Alcohol Sales: - Safety Concerns: Introducing another outlet for alcohol sales could increase instances of drunk driving or public disturbances. - Overabundance: There are already numerous outlets for alcohol sales in the immediate area, making this an unneeded service. Market Saturation: - Economic Viability: With 5 gas stations within a 1/2-mile radius, another station appears unnecessary. - Lack of Diversification: Rather than enriching the community with a variety of services, this new addition would only further saturate the market. As a parent whose children's health and safety are at stake, I earnestly implore you to reconsider the merits of this proposed gas station. Our children's well-being should be at the forefront of any development decisions, and I urge you to make that a priority in your deliberations. Sincerely, Petrina Andjani Orozco, Norma From: Patty Gutierrez Sent: Thursday, September 28, 2023 11:12 AM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave Dear Planning Commission/City Council Members, I am writing to express several reservations about the forthcoming gas station planned for construction near the kindergarten school and residential areas. Here are the issues that need to be addressed: 1. Conditional Use Permit Requirements: A Conditional Use Permit (CUP) became mandatory as of December 22, 2022, for any businesses situated within 500 feet of K-12 schools, public parks, or residences. The planned gas station clearly falls into this category. Why does it appear that the Planning Commission/City Council is considering circumventing these new rules? 2. Children's Health and Safety: Though steps have been taken to minimize fume emissions, the risk hasn't been eliminated. How will late -night deliveries be regulated? Furthermore, given the frequency of accidents at the nearby intersection, the risk of a vehicular incident involving the gas pumps cannot be overlooked. 3. Market Saturation: The proposed location is already surrounded by 5 gas stations within a 1/2-mile radius. What unique value does an additional gas station bring to the community? Wouldn't it be more beneficial to focus on attracting businesses from industries that are not already well -represented in the area? 4. Traffic Congestion: The current entrance on Santa Clara Avenue will be kept, which is near our own driveway. Additionally, the two-lane road in front of the school will certainly experience increased traffic, affecting daily commutes. 5. Homelessness Issues: The existing gas stations, especially the 7-11 at 17th and Tustin Ave., are already grappling with homelessness. We have invested considerable efforts in mitigating this problem on our property, and a new gas station with a mini market is likely to exacerbate the issue. 6. Alcohol Sales: While this isn't an immediate concern with the city, I understand that there will be an application for a license to sell alcohol in the future. The area already has multiple outlets selling alcohol, making this an unnecessary addition that also raises safety concerns. Thank you for your attention to these matters. We look forward to your response. Va y Gutierrez ADMINSTRATIVE ASSISTANT - PEST DIVISION I THE TERMITE GUY FREE: I - I FAX: https://www.877termite.com/online-bill-pay 10 Orozco, Norma From: Ariana Contreras Sent: Thursday, September 28, 2023 11:47 AM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave Importance: High Dear Planning Commission/City Council Members, I am writing to express a number of reservations about the forthcoming gas station planned for construction near the kindergarten school and residential areas. Here are the issues that need to be addressed: 1. Conditional Use Permit Requirements: A Conditional Use Permit (CUP) became mandatory as of December 22, 2022, for any businesses situated within 500 feet of K-12 schools, public parks, or residences. The planned gas station clearly falls into this category. Why does it appear that the Planning Commission/City Council is considering circumventing these new rules? 2. Children's Health and Safety: Though steps have been taken to minimize fume emissions, the risk hasn't been entirely eliminated. How will late -night deliveries be regulated? Furthermore, given the frequency of accidents at the nearby intersection, the risk of a vehicular incident involving the gas pumps cannot be overlooked. 3. Market Saturation: The proposed location is already surrounded by 5 gas stations within a 1/2-mile radius. What unique value does an additional gas station bring to the community? Wouldn't it be more beneficial to focus on attracting businesses from industries that are not already well -represented in the area? 4. Traffic Congestion: The current entrance on Santa Clara Avenue will be kept, which is in close proximity to our own driveway. Additionally, the two-lane road in front of the school will certainly experience increased traffic, affecting daily commutes. 5. Homelessness Issues: The existing gas stations, especially the 7-11 at 17th and Tustin Ave., are already grappling with homelessness. We have invested considerable efforts in mitigating this problem on our property, and a new gas station with a mini -market is likely to exacerbate the issue. 6. Alcohol Sales: While this isn't an immediate concern with the city, I understand that there will be an application for a license to sell alcohol in the future. The area already has multiple outlets selling alcohol, making this an unnecessary addition that also raises safety concerns. Thank you for your attention to these matters. We look forward to your response. Ask tme ahmt wr -Pest Ctmtrvl services! ArLa*,_a Cc- e ray 11 TRANSACTION COORDINATOR I THE TERMITE GUY FREE:- I PHON� I FAX: - 12 Orozco, Norma From: Ariana Contreras Sent: Thursday, September 28, 2023 11:49 AM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave Dear Planning Commission/City Council Members, I am writing to express a number of reservations about the forthcoming gas station planned for construction near the kindergarten school and residential areas. Here are the issues that need to be addressed: 1. Conditional Use Permit Requirements: A Conditional Use Permit (CUP) became mandatory as of December 22, 2022, for any businesses situated within 500 feet of K-12 schools, public parks, or residences. The planned gas station clearly falls into this category. Why does it appear that the Planning Commission/City Council is considering circumventing these new rules? 2. Children's Health and Safety: Though steps have been taken to minimize fume emissions, the risk hasn't been entirely eliminated. How will late -night deliveries be regulated? Furthermore, given the frequency of accidents at the nearby intersection, the risk of a vehicular incident involving the gas pumps cannot be overlooked. 3. Market Saturation: The proposed location is already surrounded by 5 gas stations within a 1/2-mile radius. What unique value does an additional gas station bring to the community? Wouldn't it be more beneficial to focus on attracting businesses from industries that are not already well -represented in the area? 4. Traffic Congestion: The current entrance on Santa Clara Avenue will be kept, which is in close proximity to our own driveway. Additionally, the two-lane road in front of the school will certainly experience increased traffic, affecting daily commutes. 5. Homelessness Issues: The existing gas stations, especially the 7-11 at 17th and Tustin Ave., are already grappling with homelessness. We have invested considerable efforts in mitigating this problem on our property, and a new gas station with a mini -market is likely to exacerbate the issue. 6. Alcohol Sales: While this isn't an immediate concern with the city, I understand that there will be an application for a license to sell alcohol in the future. The area already has multiple outlets selling alcohol, making this an unnecessary addition that also raises safety concerns. Thank you for your attention to these matters. We look forward to your response. Ariana Contreras 13 Orozco, Norma From: Jana Lichtenwalter Sent: Thursday, September 28, 2023 12:11 PM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave To Whom It May Concern: As a parent of 4 children, I am completely appalled that anyone would consider putting a gas station 500 feet away from a Kindergarten. Has anyone thought about the crowd that will draw? Or the rise of homeless people coming towards young children? How about the amount of traffic around these kids? Not to mention the toxic fumes. How dare this even be up for discussion or vote. Please do better and deny this. 14 Alcala, Abigail From: Lorraine Passero Sent: Thursday, September 28, 2023 6:59 PM To: eComment Subject: No gas station I have a concern about the proximity of a gas station to a school. It is not a healthy or safe business to have in such close proximity to children. Please take this into consideration. Sincerely yours, Lorraine Passero Sent from my iPhone Alcala, Abigail From: Jeralyn Cottam Sent: Friday, September 29, 2023 3:01 PM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave To whom it may concern, I am writing in to express my concern and disagreement with the proposed gas station development at 2230 N Tustin Ave. Below is an accounting of all my concerns: 1. The proximity of a gas station to my daughters school, Plumfield Pre-school and Kindergarten. I understand that a conditional use permit (CUP) is required for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft of a school (K-12), public park, or residence. I don't understand why this development is being considered when it is clearly less than 500 ft from a school AND residences. 2. I believe this gas station would pose a substantial health and safety risk to our children. We all know of the gaseos fumes that are omitted from a gas station, and this one would directly border the schools play yard. In addition to the danger of these fumes, there are also frequent accidents in this intersection. What prevents a car from entering the station and clipping a pump? While the risks of that may be low, I am certain you can agree the repercussions would be grave with a school full of children near by. 3. There are 5 gas stations within approximately 1/2 mile of the proposed site (17th/Tustin, 55/17th, Tustin/Fairhaven, and 2 at Santa Clara/Grand). How does a 5th station provide additional services to the residents, workers, and visitors? I am not opposed to development of the site, but it should be bringing a new or underserved industry/business to the area, not oversaturating the market. 4. Traffic impact: The existing driveway to the school is on Santa Clara will remain and I understand the gas station will have its driveway right next to this on Santa Clara. TRaffic getting into and out of the school can already be difficult and dangerous, and this will add to that exponentially. Increased traffic will impact the flow of daily travel. 5. The existing gas stations in the area, in particular, the 7-11 at 17th and Tustin Ave., have major issues with the congregation of unhoused persons. I know that Plumfield school has worked hard to protect the school , but placing a gas station with a convenience store will most certainly increase the prevalence of the transient population on this corner. 6. The sale of alcohol: Similar to the increase in issues that could be brought by the transient population, the sale of alcohol right next to a school also is concerning. Currently, alcohol can be purchased at Stater Brothers, the Liquor Store next to Stater Bros, the Mini Mart behind Starbucks, and at 7-11, it is clearly un unneeded service in the area. Thank you for considering these concerns, Jeralyn Cottam Alcala, Abigail From: Murphy, Jennifer Sent: Friday, September 29, 2023 3:20 PM To: eComment Subject: Agenda Item #17 - 2330 N. Tustin Ave To the Santa Ana City Council, I am writing as a concerned member and parent in our community to express my deep reservations about the proposed construction of a gas station in close proximity to a Plumfield Preschool and Kindergarten. I believe that allowing such a development poses significant safety and health concerns that must be carefully considered before any decision is made. First and foremost, the safety of our children should be our top priority. The presence of a gas station near a preschool and kindergarten introduces a number of potential hazards. Gas stations are known for the inherent risks associated with fuel storage and handling, such as the possibility of leaks, fires, and explosions. These dangers are not only a threat to the immediate vicinity but can have far-reaching consequences, affecting the safety of our entire community. Moreover, gas stations attract heavy vehicular traffic, including large trucks and vehicles carrying hazardous materials. This increased traffic poses a significant danger to young children who may be walking to or from school or playing in the area. The likelihood of accidents and injuries involving our most vulnerable citizens is greatly increased in such a scenario. In addition to safety concerns, there are significant health risks associated with the operation of a gas station. Gasoline and diesel fuel emit harmful chemicals and fumes, including volatile organic compounds (VOCs) and particulate matter, which have been linked to a range of health issues, particularly in children. Exposure to these pollutants can exacerbate respiratory conditions such as asthma and may even contribute to the development of long-term health problems. Furthermore, the noise and air pollution generated by a gas station can disrupt the learning environment of the nearby educational institutions. Young children are particularly susceptible to the adverse effects of noise pollution, which can hinder their cognitive development and concentration. I urge the City Council to thoroughly evaluate the potential risks and consequences of permitting a gas station to be built in close proximity to Plumfield Preschool and Kindergarten. It is crucial that the health, safety, and well-being of our children are given the utmost consideration in this decision -making process. I respectfully request that you consider alternative locations for the proposed gas station that do not place our youngest community members at risk. I also encourage the City Council to engage with experts in child safety, environmental health, and urban planning to conduct a comprehensive impact assessment. Thank you for your attention to this critical matter. Our community's future depends on the choices we make today, and I trust that you will prioritize the safety and well-being of our children in your deliberations. Jennifer Murphy English Teacher &ASB Advisor LEGACY MA G. N',M T A,CAUE M,Y Tustin, CA 92782 Alcala, Abigail From: eliamadrigal Sent: Saturday, September 30, 2023 7:49 PM To: eComment Subject: Item # 17 - Deny Appeal I am writing this email to you as a tax payer and property owner to DENY the appeal for a gas station that is proposed to be built on the corner of Tustin and Santa Clara. Major concerns as to why I believe the appeal needs to be denied: 1. Applicant is requesting 9 pump gas station be built next door to a very busy and long established preschool. (Plumfield ) 2. Concerns over vapors and the storage of gasoline / hazardous materials within 500 ft. of a school and residential area. 3. There are 9 active gas stations within a short distance of this location. 4. The 7-11 ( gas station and mini mart ) at Tustin Ave. and 17th St. attracts the homeless. They are often found to be under the influence and swapping stolen goods as well as working on stolen bicycles. Many of these individuals have been observed roaming through our neighborhood at night shaking down cars and stealing anything of value that they can find. 6. The same homeless are then spotted during the day hanging out at Portola Park which is right next to John Muir Fundamental School. 7. We don't want to see the situation worsen with the addition of another unwanted gas station and mini mart close to our homes. We have a beautiful neighborhood and we want to protect it. Thank you for your support. PLEASE DENY THE APPLICANTS APPEAL. Sent from my V rizon, Samsung Galaxy smartphone Alcala, Abigail From: Keira Gonsalves Sent: Saturday, September 30, 2023 7:59 PM To: eComment Subject: Item #17 Deny the Appeal Deny the proposal for a gas station on Santa Clara And 17th street in Santa Ana. Especially right next to the preschool where my son used to attend. I still live right here and do not want to have the fumes and smoke and traffic right there. We have too many gas stations as is. We do not need one right there. Thanks From Keira Gonsalves Winston R. Covington Chairman Portola Park And Meredith/ Parkwood Neighborhood Association Alcala, Abigail From: obed garcia Sent: Saturday, September 30, 2023 8:34 PM To: eComment Subject: Item # 17 Deny the appeal! We have enough local gas stations. -Obed Alcala, Abigail From: Patricia Kane Sent: Sunday, October 1, 2023 3:00 PM To: eComment Subject: Item #17- deny the appeal' Please deny the appeal to build a 9 pump gas station at South/West corner of Tustin and Santa Clara Our neighborhood does not need the congestion and the preschool is to close for all that traffic Thank you Patricia and James Kane Sent from my iPad Alcala, Abigail From: myrna ayala Sent: Sunday, October 1, 2023 6:29 PM To: eComment Subject: Item #17 Deny the appeal To whom it may concern, I support to deny the appeal for a gas station on Tustin and Santa Clara. Thank you, Myrna Ayala Alcala, Abigail From: Sent: To: Subject: Michael K. Seeds Santa Ana, 92705 Michael Seeds Sunday, October R,P eComment ** Item # 17 - Deny the Appeal ** Alcala, Abigail From: David Kiwerski WP2AAT- Sent: Sunday, October 1, 2023 8:14 PM To: eComment Subject: Fwd: Item # 17 - Deny the Appeal Dear Santa Ana Planning Commission: It has come to our attention that the vacant lot at the intersection of Tustin Avenue and Santa Clara Avenue is being considered for a gas station site. This would not be a good site for the station for the following reasons: • It would interrupt the flow of traffic: Tustin Avenue narrows to two lanes just past the proposed site and Santa Clara narrows to a single lane traveling east. Adding more cars that will need to enter and exit the station would make merging traffic more dangerous. • The station would intensify the heavy traffic in an already busy intersection. Drivers who are unfamiliar with the intersection and are exiting the Stater Bros. Shopping Center are often unaware of drivers turning right onto Santa Clara Ave. from Tustin Ave., and the same can be said about those drivers making the right-hand turns. There is a history of traffic collisions at that corner. • Hazardous materials are inherent to the operation of service stations. With the number of accidents already mentioned, it would be a risk to businesses and residents alike to add the station. • The service station would increase the amount of traffic students would face traveling to and from school. The presence of a gas station would not only have a negative impact on the preschoolers at Plumfield Preschool, but would also affect students attending SAUSD schools (John Muir Fundamental and Sierra Preparatory Academy) and TUSD schools (Loma Vista, Hewes, Foothill, and Hillcrest). There are also several private schools in the area that could also be impacted by the addition of a filling station at that corner. Many parents elect to have their children walk to school. There are no crossing guards at this intersection, and the addition of traffic moving in an out of a service station would create a higher risk to students. • The relatively recent opening of a doughnut shop and Starbucks sharing the lot with the refurbished liquor store at the same intersection directly affected traffic patterns which would be severely compounded by the service station. Thank you for taking these items under consideration. We respectfully ask that you deny the appeal so that the area will remain safe for commuters, businesses, and residents. David and Pamela Kiwerski WP2AAT "No Microsoft, no Apple, just good old reliable Linux" Alcala, Abigail From: Diego Teran Sent: Sunday, October 1, 2023 10:13 PM To: eComment Subject: Deny appeal item 17 on Oct. 3 To Whom it May Concern, As a resident of Meredith Parkwood, I ask the Santa Ana Planning Commission to deny the appeal to item 17 (proposed gas station on Tustin Ave & Santa Clara). There are enough gas stations in the neighborhood and I don't want my children exposed to harmful fumes. Thank you, Diego Teran Santa Ana 92705 Alcala, Abigail From: JENNY LUCATERO Sent: Sunday, October 1, 2023 10:47 PM To: eComment Subject: Item #17 Item 417 Deny appeal Alcala, Abigail From: Pam Hopkirk Sent: Monday, October 2, 2023 8:17 AM To: eComment Subject: Item # 17 Deny Appeal Please deny the appeal, item 417. Plumfield Preschool is adjacent the property and has been there for years. Gas stations produce harmful vapors which will spread to the preschool where many children attend. A concerned citizen, P. Hopkirk Alcala, Abigail From: Lenette Wardinsk Sent: Monday, October 2, 2023 8:43 AM To: eComment; eComment Subject: Item #17 on Agenda - DENY the APPEAL!!!! Please DENY this Gas Station's appeal! It has already been declined by the Planning Commission and is NOT supported by City Staff. There are numerous reasons to decline this appeal! Busy Intersection Near a Child Care Facility Etc Lenette Wardinski Alcala, Abigail From: Aaron Harrington Sent: Monday, October 2, 2023 10:23 AM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave To whom it may concern, Good afternoon! My daughter currently attends kindergarten at Plumfield, the school directly next to the empty lot which is being appealed by the developer to move forward with development. Why my concern in this matter? First of all, this is a safety concern for not only my child let alone all of the other children and staff who attend the school. Also, if a conditional use permit (CUP) is required in regards to a 500 foot proximity within a school or residences, why is the Planning Commission/City Council willing to overturn a recently enacted requirement? Not only is this a hazard for the children and staff in regards to gasoline fumes but there are other chemicals affiliated with the proposed station. There are additional chemicals/lubricants vehicles need to properly function which may further hinder safety (ie. oil, transmission fluid(s), battery fluid(s) spills, etc.) which will then leak/seep into drains/gutters and could wash closer to the school. Children's safety should be priority 41, not profitability of a developer. Second, since children's safety should be the city council's main priority, why on earth build another gas station? There are 5 other gas stations within a 1/2 mile of the proposed site. Passing on the appeal with not only benefit the community as a whole but it'll cut down on traffic in the area to ensure less congestion and potential accidents. Since there is a school in this immediate area the city council should do everything in their power to limit congestion. There is already a supermarket (Stater Brothers) across the street so adding more traffic will further increase potential car accidents which could directly affect a child/family. Third, in regards to traffic/congestion of the immediate area, Santa Clara (in front of the school) is only 2 lanes. This proposed development will cause more congestion, the inability of parents to park in the small lot assigned to the school to pick up/drop off their kids and could cause further accidents in case children have to be picked up elsewhere in case the entrance is blocked by other vehicles. Also, the additional traffic will cause the public to turn into the school parking lot when said persons don't even have a child at the school. Thus, further causing more traffic issues and potential accidents. Again, children's safety should be priority 41 ! Fourth, with the extra gas station brings transient/homeless issues. Is the city content with the increased chances of transients sleeping/attempting to access the school grounds for potential assaults on school staff? Also, the safety of these children would need to be dramatically increased. Is the developer going to ensure they limit the transient/homeless persons on the gas station grounds? Of course not! This is exactly why they can't be awarded the appeal to proceed with development. Safety is tantamount to a striving society for children so this reasoning should immediately persuade the city council's decision to not allow the development of the gas station. Lastly, with the above issues I have listed we know the gas station will apply for an alcohol permit to sell it on store grounds. Since there is a supermarket and liquor stores across the street, herein lies another reason why they need to cease with building a gas station on this lot. With more alcohol always comes more problems. Drunk driving could be an issue which will lead to further accidents/concerns that parents at the school don't need to endure. Parents have the right to ensure their child is safe at their school so adding an extra burden on the school staff should be reason 41 not to grant the developer the lot to build the gas station. We as a society need to make sure our children are taken care and safety is the main issue here. Kids are the building blocks of societies and when parent's and children's safety is pushed aside for profits then we as a whole have lost value in creating a better future for our children. Again, I have listed numerous reasons why the proposed building needs to be ceased thus ensuring our children are able to learn without any limitation or additional stresses placed on the families. I am always open to businesses being built but not a gas station right next to a school when there are multiple other stations within the same vicinity. I stress you to please take the kid's and school's well being into consideration and passing on allowing the gas station to be built. Feel free to call or email if you have any questions or concerns and I appreciate your time in regards to this matter. Respectfully, Aaron Harrington (Concerned parent of kindergarten student at Plumfleld school) Alcala, Abigail From: Jessica Fox Sent: Monday, October 2, 2023 11:52 AM To: eComment Subject: Item # 17 - Deny the Appeal This email is in regard of Item # 17. I am a resident a anta Ana. 92705. I live in the Meredith Homes track. I am writing this email requesting a denial for the appeal of a gas station at the South/West corner of Tustin Ave and Santa Clara (2230 N. Tustin Ave.) I have lived in the neighborhood for 18 years and it has been a wonderful place to live most of the years. The last couple of years we have seen so many homeless people walking around the area by Santa Clara St and hanging out at Portola Park. This area used to be a place where I could tell my kids to walk to the park and meet their friends. I can't any longer. There are too many homeless walking around scaring kids and sometimes adults as well. The gas stations in the neighborhood on Grand and Santa Clara and on Tustin and 17th already attracts many homeless and people on drugs. I urge you to please deny the appeal for the gas station at 2230 N. Tustin. It will only bring more homeless into our neighborhood and is way too close the Plumfield Preschool. Thank you for your time, Jessica Lochner Alcala, Abigail From: Carol Purvis Sent: Monday, October 2, 2023 12:30 PM To: eComment Subject: Appeal Application No 2023-06 (2230 N. Tustin Ave.) Honorable Members of the Santa Ana City Council: While my intent is to be present at the City Council meeting on October 3rd, I am writing rather than speaking in the interest of time savings. My hope is that you will have read the previous correspondence presented to the planning commission and you will have seen my letter to them. My same concerns remain -- fumes, traffic, liquor, homeless, and over saturation of the business radius with fueling stations! Plumfield Preschool and Kindergarten has served the City of Santa Ana and its neighbors with quality child care while preparing young children for elementary school and life for over 50 years! It is an established business providing essential child care to the residents of the community. For those members of the Council that do not have child care needs and who may not be familiar with the child care crisis in our country, I urge you to Google Child Care Crisis in the United States to familiarize yourself with the challenges presently plaguing the industry. California has a major problem! Why would we add anything else to the already existing issue by granting a permit for a gas station which shares a property line, where only a fence separates a play yard for these children and the fumes that gas stations emit. Please understand that I am in no way opposed to the subject property being developed. It is in my best interest as the property owner to have that corner built out with a thriving business that does not emit noxious fumes or present a safety hazard (i.e. adjacent driveways on Santa Clara Ave) to the children or employees. Homelessness is a major issue in the vicinity of my property and we have had several instances of invasion of the property. We have spent several thousand dollars attempting to discourage loitering, sleeping, using electrical and water sources after business hours. However, it remains a continuing problem as evidenced just this past week again when a homeless woman requested entry during business hours. Mini - markets, especially those that sell alcohol, encourage homeless loitering. This is evidenced at the corner of 17th and Tustin Ave. Perhaps my biggest question to you is why would you grant a CUP for an ordinance that you passed in December 2022 stating that noxious fumes could not be emitted within 500' of a school or residential area, then re -addressed the issue and change the limit to 1000' in June of 2023; but now, in October, just 4 months later, override that ordinance? To my knowledge, nothing has changed -- the applicant has not presented any evidence/studies supporting a change to the research which shows negative effects on children of noxious fumes. 1 Thank you for your service to the community and I trust you to hold your constituents, friends, and neighbors best interest when you vote to affirm the Planning Commission ruling to deny the Conditional Use Permit. Sincerely, Carol Purvis Owner Purvis Enterprises N Alcala, Abigail From: Aleece Records Sent: Monday, October 2, 2023 12:57 PM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave Dear Santa Ana City Council and Whom it may concern, I am a concerned parent of a child who attends Plumfield School at 2112 E Santa Clara Ave. I strongly appose the development of a gas station on the corner of Santa Clara and Tustin Ave. My reasons are as follows: 1. The proximity of a gas station near a kindergarten school. A conditional use permit is required for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft of a school (K-12), public park, or residence. In this case, this station is within 500 feet of both a school and residences. Effective December 22, 20222, a CUP is required! Why is the Planning Commission/City Council willing to overturn a recently enacted requirement when the school is well within 500 feet of the proposed site? There is a clear reason why the Planning Commission drafted the regulation. 2. My concerns surround the health and safety of my child and the entire class. While measures will be put in place to reduce the emissions of fumes, the risk is not zero. Deliveries will only be allowed after hours, but who will manage that? There are frequent accidents in this intersection, what prevents a car from entering the station and clipping a pump? Extra risks I am not willing to expose my child to. 3. There are 5 gas stations within approximately 1/2 mile of the proposed site (17th/Tustin, 55/17th, Tustin/Fairhaven, and 2 at Santa Clara/Grand). How does a 5th station provide additional services to the residents, workers, and visitors? Development of the site is not the issue, but it should be bringing a new or underserved industry/business to the area, not oversaturating the market. 4. Traffic impact: The existing driveway on Santa Clara will remain. This is very close to our driveway. Additionally, Santa Clara is 2 lanes in front of the school. Increased traffic will impact the flow of daily travel. 5. Homeless: The existing gas stations in the area, in particular, the 7-11 at 17th and Tustin Ave., have major issues with homeless people. We have worked very hard to reduce this on our property, but a gas station with a mini market will increase the likelihood. Again, this is a safety concern for our children. 6. The sale of alcohol: While this is not a concern with the city, as I understand it, they will apply for an alcohol sales license in the future. Currently, alcohol can be purchased at Stater Brothers, the Liquor Store next to Stater Bros, the Mini Mart behind Starbucks, and definitely at 7-11 (I assume all the other gas stations as well). Again, this is a safety concern as well as an unneeded service in the area. Please vote to oppose the installation of a gas station at this location. Thank you Aleece Langlois, Santa Ana resident and concerned parent. Alcala, Abigail From: Gabriela Morales Sent: Monday, October 2, 2023 1:04 PM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave Hello, I sent an email opposing the development of this gas station back in June, and I - like many other parents of the school nextdoor - am surprised and displeased that this issue has returned -- I am writing in opposition to the issuance of a Conditional Use Permit for the property located at 2230 N. Tustin Ave. The development is located within 500 feet of the school my child attends. I am opposed to this development due to the health and safety concerns of the current and future children in the care of Plumfield School. Additionally, as there are 5 other gas stations within 1/2 mile radius of the proposed project, it is not bringing new nor additional services to the area. Thank you for your time and consideration, Best, Gabriela (Morales) Hixson Alcala, Abigail From: Rigo Garcia Sent: Monday, October 2, 2023 1:29 PM To: eComment Subject: Item #17 - 2230 N. Tustin Ave Public Comment Council Members, I'm a resident in Ward 3 and urging you to deny the appeal of a gas station application at 2230 N. Tustin Avenue for the following reasons: 1. The proximity to the school next door provides a safety hazards for small kids who are unaware of dangers of an excess amount of cars that will rotate through there. 2. The emissions smell of gas and diesel will cause harm to young developing bodies. Gas spills cause a significant public health risks, see the Johns Hopkins report below: https:Hhub.jhu.edu/2014/10/07/gas-station- spills/#::text=Researchers%20with%20the%20Johns%20Hopkins,larger%20issue%20than%20previousl 20thought. Small spills at gas stations could cause significant public health risks over time Soill and gmuindwa eia imay Ik e iiimIpeiA illed imm e t[lain pireviouslly undeia stood Iby dirc. ps of hu6i slipiiIIIIed at gas stations I�u,I�J.II�1i r t�i� 3. Traffic congestion in this area making it more difficult for parents to navigate the area. 4. Increased noise in the area will create distractions for students 5. We see more and more panhandlers, loiterers , and people who are mentally ill hang out at gas stations. They will be within feet of young kids. 6. The height of kids are shorter than drivers can see, the amount of cars that will be around and the likelihood of kids running out when they get out of school has the potential for great harm. Rigo Garcia Alcala, Abigail From: Brooke Pilo Sent: Monday, October 2, 2023 1:55 PM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave I understand there is a proposal for a gas station on the corner of Santa Clara and Tustin Ave. I know this lot has been vacant for many years. However I do not feel it is the right spot for a gas station. The location is too close to housing. A gas station will bring more traffic and more loitering. I get gas at the 7-11 station on 17th and tustin and the back and side of the building is always full of unhoused people gathering. We currently have a gas station one light to the north ( tustin and fairhaven) and one light to the south (tustin and 17th Street). This is a tough corner as it is. Just recently a turn light was installed but before that there were many accidents at this intersection. This corner definitely deserves to be developed but with the right business for our neighborhood. We ask that you take this into consideration when deciding on this property. Alcala, Abigail From: Dayne Scott Sent: Monday, October 2, 2023 4:26 PM To: eComment Subject: Agenda Item #17 - 2230 N. Tustin Ave. Members of the Santa Ana City Council, I am writing to ask for your support in upholding the June 26, 2023 City Planning Commission to deny the modification to CUP 2019-41 and CUP 2023-03. Plumfield School has been providing preschool and kindergarten to the families of Santa Ana for over 50 years. It is very concerning to me that these children and their families, as well as the residents in the surrounding area, will have their health and safety jeopardized by this development. The CUP is in an attempt to circumvent the city ordinance that prohibits the constriction of businesses that emit noxious fumes (i.e. gas stations) within 1000 feet of a school and residences. Plumfield School not only is within 1000 feet, but they also share a property line. Are you willing to put the health and safety of children over allowing this station to be built? This station would be the 6th station within a 1/2 mile radius. This does not bring a new service or industry to our area. Santa Ana has seen a drastic increase in the unhoused population. I know that Plumfield has already taken steps to mitigate the problems with this population, but nothing eradicates it. However, a gas station and minimart will only exasperate this issue. While not the current concern, alcohol sales will be inevitable at the mini mart. Do we want alcohol being sold next to a school? Finally, the increase in traffic to the area is of significant concern. The plans call for a driveway to be within 150 feet of the intersection of Santa Clara and Tustin Avenues. We have seen this granted to Starbucks at the same intersection. It congests traffic in an already dangerous situation. With the addition of gas pumps, this could be catastrophic in the event of an accident. I ask you to please consider these concerns when making your decision. Please keep in mind the health and safety of all children and residents in the area. My children and their peers mean everything to me and my wife. Thank you again for hearing me out and I know you'll come to the correct verdict. Dayne Scott