HomeMy WebLinkAbout31B - CUP - 3940 S BRISTOL STCITY COUNCIL MEETING DATE:
AUGUST 2, 2016
TITLE:
CONDITIONAL USE PERMIT NO. 2016 -19
TO ALLOW THE SALE OF ALCOHOLIC
BEVERAGES FOR ON- PREMISE
CONSUMPTION AT BRASH ROTISSERIE
LOCATED AT 3940 SOUTH BRISTOL STREET,
UNIT 111 - STEPHEN HALL, APPLICANT
{STRATEGIC PLAN NO. 3,2)
CITY MANAGE
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CLERK OF COUNCIL USE ONLY:
:••:• r
❑ As Recommended
❑
As Amended
❑
Ordinance on 1a' Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2016 -19.
PLANNING COMMISSION ACTION
At its regular meeting on July 11, 2016, by a vote of 5:0 (Verino absent), the Planning
Commission adopted a resolution approving Conditional Use Permit No. 2016 -19 which approved
the sale of alcoholic beverages for on- premise consumption at Brasa Rotisserie restaurant
located at 3940 South Bristol Street, Unit 111 located in the Commercial Residential (CR) zoning
district. The Planning Commission made no changes to the recommended approval of the
project (Exhibit A).
Stephen Hall, representing Brasa Rotisserie restaurant, requested approval of a conditional use
permit (CUP) to allow the on- premise consumption of beer and wine to patrons of the new
restaurant. Pursuant to Section 41 -196 of the SAMC, restaurants that wish to sell alcohol to patrons
require approval of a CUP; however, the use of the property as a restaurant is permitted by right.
The restaurant will be a full service, sit -down eating establishment that is 1,912 square feet in size
and will hold approximately 40 seats. The on- premise sale of alcoholic beverages to customers is
intended to provide a service ancillary to the primary restaurant use. The hours of operation for the
restaurant will be from 11:00 a.m. to 9:00 p.m. Monday through Thursday and 11:00 a.m. to 10:00
p.m. Friday through Sunday. Alcohol storage and display areas, located near and inside of the
kitchen, will consist of less than five percent of the floor area. Full -sized site plans are available for
public viewing in the Clerk of the Council Office.
31 B -1
Conditional Use Permit No. 2016 -19 — Brasa Rotisserie Sale of Alcoholic Beverages
3940 South Bristol Street, Unit 111
August 2, 2016
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development,
Objectives #2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
FISCAL IMPACT
There is no fiscal impact associated with this action.
111-lassan Hag ni, AI
Executive Director
Planning & Building Agency
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Exhibit: A. Planning Commission Staff Report
31 B -2
REQUEST FOR.
Planning Commission Action
PLANNING., COMMISSION MEETING DATE:
JULY 11, 2096
TITLE:
PUBLIC HEARING — FILED BY STEPHEN HALL
FOR CONDITIONAL USE PERMIT NO. 2016 -19
TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES
FOR ON- PREMISE CONSUMPTION AT BRASA
ROTISSERIE LOCATED AT 3940 SOUTH BRISTOL
STREET, UNIT 111 (STRATEGIC PLAN NO, 3, 2)
Prepared by Jessica AAA�C Uilar
Ixecutive Director
PLANNING COMMISSION SECRETARY
APPROVED
•
As Recommended
•
As Amended
•
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
C 4> '✓�C G
Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2015 -19.
Reauest of Applicant
Stephen Hall, representing Brasa Rotisserie restaurant, is requesting approval of a conditional use
permit (CUP) to allow the on- premise sale of alcoholic beverages at a full- service eating
establishment located at 3940 South Bristol Street, Unit 111. Establishments that sell alcoholic
beverages require approval of a CUP pursuant to Section 41 -195 of the Santa Ana Municipal
Code (SAMC).
Project Location and Site Description
Brasa Rotisserie restaurant is currently in the process of occupying a tenant space within an
existing 17.17 -acre, multi - tenant commercial center that is located on the northwest corner of
Sunflower Avenue and Bristol Street. The site is a community shopping center that contains eating
establishments, retail stores, service uses, and offices. Major tenants in this center include; Ross,
Bed, Bath and Beyond, and Red Robin Gourmet Burgers and Brews. There are two two -story
buildings located on the southeastern corner of the center that contain commercial businesses.
Brasa Rotisserie restaurant will be located in a ground -floor tenant space in this area.
The General Plan land use designation for the site is District Center (DC), which allows a mixture
of land uses within major activity areas in the City. District Centers are designed to serve as
anchors to the City's commercial corridors, and include a mixture of office, commercial and
residential uses. The project is consistent with this General Plan land use designation. The site
is located within the Commercial Residential (C -R) zoning district. The C -R zoning district allows
for commercial and residential land uses, making the proposed use consistent with the zoning
designation. Surrounding land uses include retail and commercial uses to the north, east and
west, and retail uses to the south, across Sunflower Avenue, in the City of Costa Mesa
(Exhibits 1, 2, 3 and 4).
EXHIBIT A
31 B -3
CUP No. 2016 -19
July 11, 2016
Page 2
Pra ect Description
Brasa Rotisserie restaurant is requesting approval of a CUP to allow the on- premise sale of beer
and wine to patrons of the restaurant. Pursuant to Section 41 -196 of the SAMC, restaurants that
wish to sell alcohol to patrons require approval of a CUP; however, the use of the property as a
restaurant is permitted by right.
The restaurant will be a full service, sit -down eating establishment that is 1,912 - square feet in size
and will hold approximately 40 seats. The on- premise sale of alcoholic beverages to customers is
intended to provide a service ancillary to the primary restaurant use. The hours of operation for the
restaurant will be from 11:00 a.m. to 9:00 p.m, Monday through Thursday and 11:00 a.m. to
10:00 p.m. Friday through Sunday. Alcohol storage and display areas, located near and inside of
the kitchen, will consist of less than five percent of the floor area (Exhibit 5).
=7
The subject multi- tenant commercial center contains multiple neighborhood- serving businesses.
Brasa Rotisserie restaurant is a new fast - casual restaurant that will provide Peruvian -style rotisserie
chicken. The Brasa Rotisserie restaurant business owner has been operating another restaurant
since February 2013 in the adjacent building within the subject multi - tenant commercial center, Inka
Mama's restaurant, which is located at 3030 South Bristol Street, Unit 107. Inka Mama's restaurant
is a full- service restaurant that provides alcoholic beverages to customers as a service ancillary to
the primary restaurant use.
In April 2016, Brasa Rotisserie restaurant submitted their Certificate of Occupancy application for
new tenancy of their current location. Brasa Rotisserie restaurant will occupy an existing tenant
space that has been occupied by previous office and commercial uses. In May 2016, Brasa
Rotisserie restaurant submitted tenant improvement plans for the vacant space. Brasa Rotisserie
restaurant intends to begin operating in mid - September. Prior to this request, no discretionary
permits have been requested or granted at this location.
Protect Analysis
Conditional use permit requests are governed by Section 41 -638 of the SAMC_ Conditional use
permit requests 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 conditional
use permit. Conversely, the inability to make these findings would result in a denial. Using this
information staff has prepared the following analysis, which, in turn forms the basis for the
recommendation contained in this report.
31 B -4
CUP No. 2016 -19
July 11, 2016
Page 3
The on- premise sale of alcoholic beverages to customers is intended to provide a service
ancillary to the primary restaurant use. This will thereby benefit the community by providing a
restaurant with an additional and complementary food - related amenity. The granting of the CUP
for this space will allow the restaurant to function within this neighborhood as a family -owned
eating establishment.
Moreover, the proposed license will not adversely affect the General Plan. The granting of this
conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the
Land Use Element encourages land uses that accommodate the City's needs for goods and
services. Providing a variety of full- service restaurants that feature alcoholic beverages on their
menus offers additional dining options for Santa Ana residents and visitors. Brasa Rotisserie
restaurant's tenancy will contribute to the maintenance and viability of the commercial
development in which it is located, Further, Policy 2.9 of the Land Use Element supports
developments that create a business environment that is safe and attractive. Operational
standards for the proposed ABC license will maintain a safe and attractive environment in the
neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is
compatible with and supporting of surrounding land uses. The restaurant is located in a
commercial area and its operations will be compatible with the surrounding commercial
businesses (Exhibit 6).
Police Department Analysis
The Police Department reviews conditional use permit applications for the sale and service of
alcoholic beverages in order to ensure that the potential crime and nuisance behaviors
associated with such uses are mitigated to the greatest extent possible. For on -sale licenses, the
Police Department compares crime in the project area to crime citywide. Crime data is collected
by reporting district. When a project is located in a reporting district with more than 20 percent of
the average crime rate citywide, the Police Department will consider this information in making its
recommendation.
The project at 3940 South Bristol Street is located in Reporting District No. 131, Reporting
District No. 131 ranks 54 out of 102 reporting districts in the number of police related calls for
service. This reporting district is below the average for criminal activity threshold established by
the State for high crime. The Police Department contends that the operational standards
applicable to on- premise ABC licenses will mitigate any potential negative impacts to the
surrounding community.
Public Notification
The project is not located within the boundaries of a Santa Ana neighborhood, but is in close
proximity to the South Coast Neighborhood. Staff contacted the president of the South Coast
Neighborhood Association to ensure that the neighborhood was notified of this project and
31 B -5
CUP No. 2016 -19
July 11, 2016
Page 4
to identify any areas of concern. The project site was also posted with a notice advertising this
public hearing, a notice was published in the Orange County Reporter, and mailed notices were
sent to all property owners and tenants within 500 feet of the project. site. At the time of this
printing, no correspondence, either written or electronic, had been received.
CEQA Compliance
In accordance with the California Environmental Quality Act (CEQA) the recommended action is
exempt from CEQA per Section 15061(b)(3) because there is a certainty that the activity in
question will not have a significant effect on the environment. General Rule Exemption
Environmental Review No. 2016 -64 will be filed for this project. This exemption applies to
projects where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment. The project proposes to allow the on- premise
sale of alcoholic beverages at an existing structure. No expansion of square footage or
modification to the exterior of the building is proposed as part of this project.
Strategic Plan Alignment
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objectives No. 2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit No. 2016 -19
QJessica Agul r
Planning Technician
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Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Land Use Map
Exhibit 3 — Site Photos
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
Exhibit 6 — Operational Standards for On -Sale Establishments
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CUP 2016-19
BRASH ROTISSERIE
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31 B -7
CUP 2016 -19
BRASA ROTISSERIE
3940 SOUTH BRISTOL STREET, UNIT I I l
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SITE PLAN
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FLOOR PLAN
EXHIBIT 5
31 B -11
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Sec. 41 -196. Establishments selling alcoholic beverages.
Operational standards for on -sale establishments. The following operational standards
shall be included as informational conditions in the conditions of approval for the
conditional use permit required pursuant to Section 41 -196
1. The premises shall at all times be maintained as a bona -fide eating establishment
as defined in Section 23038 of the California Business and Professions code and
shall provide a menu containing an assortment of foods normally offered. The
premises must have suitable kitchen facilities and supply an assortment of foods
commonly ordered at various hours of the day. Full and complete meals must be
served whenever the privileges of the on -sale license are being exercised.
2. There shall be no fixed bar or lounge area upon the premises maintained for the
sole purpose of sales, service or consumption of alcoholic beverages directly to
patrons. A fixed bar or lounge may be permitted if patrons may order food being
offered to the general patrons of the eating establishment.
3. The sales, service, and consumption of alcoholic beverages shall be permitted
only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by
the granting of a conditional use permit for after-hours operations pursuant to
Santa Ana Municipal Code Chapter 41,
4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are
consumed on any property adjacent to the licensed premises under the control of
the applicant, with the exception of any enclosed patio areas.
5. The applicant or an employee of the licensee must be present to monitor all areas
of the establishment, including outdoor patios, during all times that alcoholic
beverages are being served or consumed.
6. All employees serving alcoholic beverages must complete Responsible Beverage
Service Training, or an equivalent approved by the State Department of Alcoholic
Beverage Control, prior to being able to serve alcoholic beverages to patrons.
Evidence of the completion of such training must be maintained on the premises
and available for inspection upon request by the City.
7. During those times when patrons are restricted to 21 years of age or older, the
applicant shall at all times utilize an age verification means or device for all
purchases of alcoholic beverages. Such verification of age is not intended to
discriminate against patrons based on race, ethnicity or legal status, but only to
comply with state law restricting the sale of alcohol to those 21 and older.
8. Queuing lines shall be managed in an orderly manner and all disruptive and /or
intoxicated patrons shall be denied entry. The business owner, or his designee,
shall be responsible for monitoring the queuing lines at all times.
EXHIBIT 6
1 of 4
31 B -12
9. The outdoor queuing line shall not block public walkways or obstruct the entry or
exit doors of adjacent businesses. Stanchions or barriers must be used to
maintain order at all times the queue exceeds 25 patrons. All stanchions or
barriers located on public property must be approved by the Public Works Agency,
10. Employees and contract security personnel shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes of
employee education about new products. Under no circumstances may contract
security personnel consume alcoholic beverages during their work shift.
11. There shall be no exterior advertising of any kind or type, including window signs
or other signs visible from outside, that promote or indicate the availability of
alcoholic beverages on the premises. Interior displays of alcoholic beverages or
signs, which are clearly visible to the exterior, shall constitute a violation of this
condition. Permissible window displays must be kept to a minimum for maximum
visibility and shall not exceed 25 percent of window coverage. Floor displays shall
not exceed three feet in height.
12. There shall be no promotions encouraging intoxication or drinking contests or
advertisements indicating "buy one drink, get one free ", "two for the price of one ",
or "all you can drink for..." or similar language.
13. Any pool tables, amusement machines or video games maintained on the
premises at any time must be reviewed and approved in a security plan submitted
to the Chief of Police.
14. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, shall be subject to the issuance of an entertainment
permit pursuant to Santa Ana Municipal Code ( "5AMC ") Chapter 11 —
Entertainment, and shall comply with all of the standards contained therein.
Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet
from the exterior of the premises in any direction.
15. Neither the applicant, nor any person or entity operating the premises with the
permission of the applicant, shall violate the City's adult entertainment ordinance
contained in SAMC Section 12 -1 and 12 -2.
16. The premises shall not be operated as an adult entertainment business as such
term is defined in 5AMC Section 41- 1701.6.
17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
18. There shall be no public telephones located on the exterior of the premises. All
interior pay phones must be designed to allow outgoing calls only.
2of4
31 B -13
19. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee(s) shall be removed or painted within 24 hours of being
applied.
20. Existing bona fide eating establishment and required parking must conform to the
provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code
(Building Security Ordinance). These code conditions will require that the existing
project lighting, door /window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located in required
landscape planters. Prior to issuance of Letter, of Approval to the Alcohol
Beverage Control Board, this condition must be complied with.
21. A timed - access cash controller or drop safe must be installed.
22, Install a silent armed robbery alarm.
23. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual that has been approved by the
Police Department, addressing at a minimum the following items:
Procedures for handling obviously intoxicated persons.
b. The method for establishing a reasonable ratio of employees to patrons,
based upon activity level, in order to ensure adequate staffing levels to
monitor beverage sales and patron behavior.
C. Procedures for handling patrons involved in fighting, arguing or loitering
about the building, and /or in the immediate adjacent area that is owned,
leased, rented or used under agreement by the Licensee(s).
d, Procedures for verifying the age of patrons for purposes of alcohol sales.
e, Procedures for ensuring that servers monitor patrons to ensure that their
drinking limitJpotential intoxication is not exceeded. This procedure should
include a description of the procedure the server would use to warn, or
refuse to serve, the patron.
Procedures for calling the police regarding observed or reported criminal
activity.
g. Procedures for management of queuing lines.
h. The location and description of any video games proposed to be on the
premises.
3ot4
31B-14
24. The operator shall be responsible for submitting a detailed outdoor fencing and
dining plan where outdoor dining is proposed as part of the business operation. If
the proposed dining area or fencing is in the public right of way, the applicant must
obtain all required permits and approvals from the Public Works Agency.
25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of
the gross floor area of the licensed establishment.
4of4
31 B -15
LS 7.11.16
RESOLUTION NO. 2016 -xx
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO, 2016 -19 TO ALLOW ON- PREMISE
SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY
LOCATED AT 3940 SOUTH BRISTOL STREET, UNIT 111
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. Applicant is requesting approval of Conditional Use Permit No. 2016 -19 to
allow on- premise sale of alcoholic beverages at the property located at 3940
South Bristol Street, Unit 111.
B. Santa Ana Municipal Code Section 41 -196 requires approval of a
conditional use permit for establishments selling alcoholic beverages for
either on -site or off -site consumption.
C. On July 11, 2016, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2016 -19.
D. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to grant this
Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-
638, have been established for Conditional Use Permit No. 2016 -19 to
allow for on- premise sale of alcoholic beverages:
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 Alcoholic Beverage Control (ABC) license will
provide an ancillary service to the restaurant's customers by
allowing them the ability to purchase alcoholic beverages
with their food. This will thereby benefit the community by
providing a restaurant with an additional and complementary
food - related amenity. Standards are applicable to the
alcoholic beverage control license which will mitigate any
potential impacts created by the use and ensure that the use
will not negatively affect the surrounding community.
Resolution No.201Gxx
Page 1 of 4
31 B -16
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 ABC license will not be detrimental to the
health, safety, or general welfare of persons residing or
working in the vicinity as operational standards will ensure
that the use will not create any negative or adverse impacts.
This is primarily a restaurant use and the addition of alcohol
will be ancillary to the main use.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The project site is located within a multi - tenant commercial
center and is suitable for the proposed use. The addition of
alcoholic beverages on the menu at Brasa Rotisserie
restaurant will increase the patronage to the restaurant and
number of visitors to the development, thereby enhancing the
profitability of the business and economic stability of the area.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed alcohol license will be in compliance with all
applicable regulations and operational standards found in
Chapter 41 of the Santa Ana Municipal Code regarding on-
premise alcohol licenses. Operational standards will ensure
the project remains in compliance with all applicable codes
and regulations related to alcohol sales to ensure that the
use does not impact neighboring properties or create an
attractive nuisance.
That the proposed use will not adversely affect the General Plan of
the city or any specific plan applicable to the area of the proposed
use.
The proposed use will not adversely affect the General Plan..
The granting of this conditional use permit supports several
policies contained in the General Plan. Policy 2.2 of the Land
Use Element encourages land uses that accommodate the
City's needs for goods and services. Providing a variety of
full- service restaurants that feature alcoholic beverages on
Resolution No. 2016 -xx
Page 2 of 4
31 B -17
their menus offers additional dining options for Santa Ana
residents and visitors. Furthermore, Policy 2.8 of the Land
Use Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. Brasa Rotisserie restaurant's tenancy contributes
to the maintenance and viability of the commercial
development in which it is located. Further, Policy 2.9 of the
Land Use Element supports developments that create a
business environment that is safe and attractive. Operational
standards for the proposed ABC license will maintain a safe
and attractive environment in the neighborhood. Finally,
Policy 5.5 of the Land Use Element encourages development
that is compatible with and supporting of surrounding land
uses. The restaurant will be located in a commercial area and
its operations will be compatible with the surrounding
commercial businesses.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section
15061(b)(3), which is a general rule exemption applying to projects that
have no possibility of having a significant impact on the environment.
General Rule Exemption Environmental Review No. 2016 -64 will be filed
for this project.
Section 2. The applicant agrees to indemnify, hold harmless, and defend the
City of Santa Aria, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the sole negligence of
the City of Santa Ana.
Section 3. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2016 -19 for the project
located at 3940 South Bristol Street, Unit 111. This decision is based upon the
evidence submitted at the abovesaid hearing, which includes, but is not limited to: the
Request for Planning Commission Action dated July 11, 2016, and exhibits attached
thereto; and, the public testimony, written and oral, all of which are incorporated herein
by this reference.
Resolution No, 2616 -xx
Page 3 of 4
31 B -18
ADOPTED this 11th day of July, 2018.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
James Gartner
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvaiho, City Attorney
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on July 11, 2016.
Date:
Acting Recording Secretary
City of Santa Ana
31 B -19
Resolution No. 2016 -xx
Page 4 of 4
31 B -20