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HomeMy WebLinkAbout31A - CUP - 2840 S BRISTOL STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 6, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -38 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF - PREMISE CONSUMPTION AT ALDI GROCERY STORE LOCATED AT 2840 SOUTH BRISTOL STREET - DOUG COUPER, APPLICANT {STRATEGIC PLAN NO. 3,21 f CITY MANIA R RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: ❑ 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 -38. PLANNING COMMISSION ACTION At its regular meeting on November 14, 2016, by a vote of 6:0 (Mendoza absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -38 which approved the sale of alcoholic beverages for off - premise consumption at Aldi Grocery store located at 2840 South Bristol Street located in the Community Commercial (C -1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Doug Cooper, representing Aldi grocery store, is requesting approval of a conditional use permit (CUP) to allow the off - premise sale of alcoholic beverages at a proposed grocery store to be located at 2840 South Bristol Street. Aldi is currently in the process of constructing tenant improvements to occupy a portion of tenant space formerly occupied by the Burlington Coat Factory at the northwest corner of Bristol Street and Segerstrom Avenue. The center is approximately 5.29 acres in size; Aldi grocery store is proposing to occupy approximately 18,680 square feet of building area and is proposing to construct an additional 499 square feet to use as their loading docks. The grocery store will be open from 9:00 a.m. to 9:00 p.m., seven days a week. The proposed storage and display area for alcohol will be located in the beverage refrigeration unit located on the north portion of the store. The overall storage of alcoholic beverages contains approximately 96 square feet, which is approximately less than one percent of the gross floor area of the building. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No. 2016 -38 — Aldi Grocery Store Alcoholic Beverages at 2840 South Bristol Street December 6, 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. Hassan Haghani, AICP Executive Director Planning & Building Agency 10: rb to \Reports \CUP2016 -38 Aldi Market Type 20 ABC= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR PLANNING COMMISSION DATE: 4 t . TITLE: PUBLIC HEARING — FILED BY DOUG COOPER FOR CONDITIONAL USE PERMIT NO, 2016 -38 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF - PREMISE CONSUMPTION AT ALDI GROCERY STORE LOCATED AT 2840 SOUTH BRISTOL STREET (STRATEGIC PLAN NO. 3,2) Prepared by Ivan O!ozc0 Executive Director i PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request 0 Staff Recommendation W1011r11[111Ig1M RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2016 -38. Request of Applicant Planning Manager Doug Cooper, representing Aldi grocery store, is requesting approval of a conditional use permit (CUP) to allow the off - premise sale of alcoholic beverages at a proposed grocery store to be located at 2840 South Bristol Street. Establishments that sell alcoholic beverages require a CUP pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), Project Location and Site Description Aldi is currently in the process of constructing tenant improvements to occupy a portion of tenant space formerly occupied by the Burlington Coat Factory at the northwest corner of Bristol Street and Segerstrom Avenue. The center is approximately 5.29 acres in size; Aldi grocery store is proposing to occupy approximately 18,680 square feet of building area and is proposing to construct an additional 499 square feet to use as their loading docks. The site contains approximately 401 parking spaces. Of the required parking for the grocery store, including the addition, Aldi will meet all the off - street parking requirements of the SAMC. The General Plan land use designation for the site is General Commercial (GC). General Commercial land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services such as this grocery store. The project site is consistent with this General Plan land use designation. The site is located within the Community Commercial (C -1) zoning district. The C -1 zoning district allows for retail and service uses such as the grocery store, making the proposed use consistent with the zoning designation. The site is surrounded by single- family residential uses to the north and west, multi- family residential uses to the south, and commercial uses to the east (Exhibits 1, 2 and 3). EXHIBIT A 31A-3 Conditional Use Permit No. 2016 -38 November 14, 2016 Page 2 Proiect Description Aid! is requesting approval of a CUP to allow the off- premise sale of alcoholic beverages as an ancillary service to the primary retail use for its customers. The grocery store will be open from 9:00 a.m. to 9:00 p.m., seven days a week, Before it opens to the public, Aldi will construct interior tenant improvements and a 499- square -foot addition to the north elevation of the existing building. The shopping center will also undergo exterior enhancements to complement Aldi "s architectural theme. The proposed storage and display area for alcohol will be located in the beverage refrigeration unit located on the north portion of the store, The overall storage of alcoholic beverages contains approximately 96 square feet, which is approximately less than one percent of the gross floor area of the building (Exhibits 4 and 6). [OMM Aldi operates 30 grocery stores in Southern California. Moreover, Aldi operates nearly 1,600 store locations in 34 states. The company is open to the public and offers a full range of groceries, from produce and meats to bakery items and prepared foods. All stores offer alcoholic beverages to customers. The building located at 2840 South Bristol Street has contained various retail tenants since 1977. In 1976, Variance No. 76 -72 was processed to reduce the amount of required parking and to reduce the required setback from the adjacent R1 zone properties to the west. The same year, a business license was issued for Best Products Co, which operated until Lucky /Sav -On took over the building in 1997. Shortly after, Lucky /Sav -On submitted a CUP application to allow the off - premise sale of alcohol. In 2001, the store was taken over by Albertson's, which operated with the approved ABC license until it closed its doors in 2008. Since the closure of Albertsons grocery store, Burlington Coat Factory began operating out of this location. All previous retail and grocery stores have held a full off premise alcohol license. Aldi is proposing to operate in the same building by taking a portion of the square footage that Burlington was using. By adding the off - premise sale of alcoholic beverages, Aldi can better serve the community by providing added convenience and a one -stop shopping experience. Proiect Anaivs Conditional use permit requests are governed by Section 41 -688 of the SAMC. Conditional use permits 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, Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. 31A-4 Conditional Use Permit No. 2016 -38 November 14, 2016 Page 3 The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, to limit the number of establishments to avoid overconcentration of establishments that sell alcoholic beverages, and to minimize impacts to surrounding areas. Staff has reviewed the applicant's request to allow the sale of alcoholic beverages for off - premise consumption at this location. Since the proposed alcohol license is intended to provide an added amenity to the supermarket, and because the sale of alcoholic beverages will be ancillary to the primary sale of regular grocery items, staff recommends approval of the proposed CUP. The proposed use will not be detrimental to the health, safety, and welfare of the community. Aldi grocery store is an established retail business with a history of service to the community. The proposed grocery store and ancillary alcohol sales will enhance the economic viability of the area and create a one stop shopping opportunity for visitors and residents in the community. The proposed CUP will be in compliance with all other regulations, including alcohol storage and display area set forth in Section 41- 196(c) of the SAMC. Further the site will be in compliance with all the operational standards set forth in Section 41- 196(f) of the SAMC, which govern the off - premises sale of alcoholic beverages (Exhibit 6). Finally, the proposed CUP will be consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses. Aid! proposes to provide an additional amenity as part of the retail operations, to serve shoppers and residents of the City similar to the supermarkets in the immediate vicinity. 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 alcohol consumption are mitigated to the greatest extent possible. For off -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31A-5 Conditional Use Permit No. 2016 -38 November 14, 2016 Page 4 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by the State Department of Alcoholic Beverage Control (ABC) and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 2840 South Bristol Street is located in Reporting District No. 129. This reporting district is below the 20 percent threshold established by the State for high crime. The Police Department contends that the operational standards applicable to an off -sale ABC license will mitigate any potential negative impacts to the surrounding community. Therefore, the Santa Ana Police Department does not oppose the granting of a CUP. Moreover the subject property's census tract Is not over concentrated with ABC licenses and the location is not categorized as being in a high crime reporting district; therefore a letter of Public Convenience and Necessity (PCN) will not be required for this application. Public Notification The project site is located within the Thorton Park Neighborhood Association and within the vicinity of the Sunwood Central and Republic Homes associations. Staff contacted the presidents of the Thorton Park, Sunwood Central and Republic Homes neighborhood associations, who identified no concerns with the project. 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 printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. CEQ Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the off - premise sale of beer, wine, and spirits at a grocery store within an existing structure; the proposed 499 - square -foot addition is allowed by the SAMC by right and is not subject to CEQA. It has been found by the City's development review agencies that the use will not create any adverse impacts such as noise, traffic, or safety concerns. The cumulative impact of this project will not be significant as the use will be complementary with the nearby commercial uses in the area. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use. Categorical Exemption Environmental Review No. 2016 -123 will be filed for this project. 31A-6 Conditional Use Permit No. 2016 -38 November 14, 2016 Page 5 Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal. No. 3 Economic Development, Objective 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 -38. Ivan Orozco Assistant Plan I0Jm to \Report,ACUP2018.38 Ad Market Type 20 ABC.po Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Plan Exhibit 4 — Floor Plan Exhibit 5 — Operational Standards for Off -Sale Establishments 31A-7 T - +w 1__j k-1 L_I L --- J 1 ---- J L___J L___J R1 C2 C2 na .' Ri R1 R1 R1 R1 R1 RI Rt R7 R7 ss v. 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CUP 2016 -38 ALDI MARKET OFF -SALE ABC 2840 SOUTH BRISTOL STREET�� P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 C O M M E R C I A L N 0 5 P I T A L > y x U N U R S I N G n C 0 M M FI O M E C 0 M M CRC I A L O a LL. HEMLOCK WAY C 0 M M . C O M M E R C I A L PROJECT m SITE C 0 M M E R C I A 1. C O M M E R C I A L SINGLE - SEGERSTROM AVENUE FAMILY RESIDENTIAL M U L T I- F A M I L Y C O M M C O M M E R C I A L RESIDENTIAL CUP 2016 -38 ALDI MARKET OFF -SALE ABC 2840 SOUTH BRISTOL STREET�� P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 - 1 91 'f 0.4pi K = °a u q p N : nnanarvwcn Iw:rr,n^ L^ S f F r Udtl 9¢9'L4 Y�� w 15 - 1glSlag s 1 71 w _ a F j� F I-7 1'.F� —T lI� , IAl 1 Vi q i O f � _ hL O YYY i 11 1W�S IIJ xa 1' rz"�-0I1 L >W Lu rn EXHIBIT 4 31A-1 1 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for off -sate 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 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin- operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty -four (24) hours of being applied. 7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602, on the exterior of the premises. It shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. 10. 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; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age /checking identification of patrons; calling the police regarding observed or reported criminal activity. EXHIBIT 5 1of3 31A -12 11. If there is a marked or noticeable increase in the number of police - related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state - licensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre - packaged multi -unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12;00 /midnight each day of the week unless otherwise modified by the granting of an after -hours conditional use permit. 15. Existing building and required parking must conform to the provisions of Chapter 8, Article 11, 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. 16, Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty -five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed - access cash controller or drop safe must be installed. 20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 2of3 31A -13 22. No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. 23. Provide a closed circuit television system approved by the police department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one (1) color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days. e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An Internet protocol (IP) -based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMG section 33.210. 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. 3of3 31A -14 LS 11.7.16 RESOLUTION NO. 2016 -40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -38 TO ALLOW THE OFF -SALE OF ALCOHOLIC BEVERAGES AT ALDI MARKET LOCATED AT 2840 SOUTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2016 -38 to allow an off -sale Alcoholic Beverage Control (ABC) license. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for off -site consumption of beer and wine that is ancillary to the primary retail use. C. On November 14, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -38. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2016 -38 to allow for an off -site ABC license: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The sale of alcoholic beverages for off - premise consumption at this location will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general merchandise to the general public. The ABC license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding alcoholic beverages to the other items already offered in the store, Aldi can better serve the community by Resolution No. 2016 -40 Page 1 of 4 31A-15 providing added convenience and a one -stop shopping experience. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The sale of alcoholic beverages for off - premise consumption at this location will not be detrimental to persons residing and working in the area as operational standards will ensure that the use will not create any negative or adverse impacts. Aldi is an established grocery chain with established policies and procedures, including an employee training program focused on security and alcohol responsibility, which will ensure that distilled spirits sales are handled in a responsible manner. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The sale of alcoholic beverages for off- premise consumption at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow Aldi to remain competitive with similar uses in the area which offer alcoholic beverage sales as part of their retail operations. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The sale of alcoholic beverages for off - premise consumption at this location will be in compliance with all applicable operational standards of Chapter 41 of the Santa Ana Municipal Code regarding off - premise general liquor 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. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The sale of alcoholic beverages for off - premise consumption at this location will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A grocery store with an ancillary alcohol license will provide an additional service to Santa Ana residents and Resolution No. 2016 -40 Page 2 of 4 31A -16 visitors, especially those to area, which continues to develop as a dining, entertainment, and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. 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 off - premise ABC license will maintain a safe and attractive environment at the shopping center. Retail establishments and regulated uses such as Alcoholic Beverage Control (ABC) licenses are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Aldi grocery store is currently 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 (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the off - premise sale of alcoholic beverages at a full - service supermarket within an existing structure. It has been found by the City's development review agencies that the use will not create any adverse impacts such as noise, traffic, or safety concerns. The cumulative impact of this project will not be significant as the use will be complimentary with the nearby commercial uses in the area. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use. Categorical Exemption Environmental Review No. 2016 -123 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, 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. Resolution No. 2016 -40 Page 3 of 4 31A -17 Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -38, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated November 14, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of November, 2016 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Verino (6) Commissioners: None (0) Commissioners: Mendoza (1) Commissioners: None (0) Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 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 -40 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 14, 2016. Date: Acting Recording Secretary City of Santa Ana 31A -18 Resolution No. 2016 -40 Page 4 of 4