HomeMy WebLinkAbout11-27-17 PC PACKETCity of Santa Ana
Planning Commission Meeting Agenda
NOVEMBER 27, 2017
CITY COUNCIL CHAMBER
22 Civic Center Plaza
Santa Ana, California
5:30 P.M.
MARK McLOUGHLIN
Chair, Citywide Representative
CYNTHIA CONTRERAS-LEO
Vice Chair, Ward 5 Representative
ERIC ALDERETE
Ward 1 Representative
LYNNETTE VERINO
Ward 2 Representative
KENNETH NGUYEN
Ward 3 Representative
PHIL BACERRA
Ward 4 Representative
BEATRIZ MENDOZA
Ward 6 Representative
The Planning Commission Agenda can be found online at
http://www.ci.santa- ana.ca.us/pba/documents/agenda_pc.pdf\
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If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org by 3 p.m. the day of
the meeting; emails received after said time will be on file for public viewing the day after the meeting.
If you need special assistance to participate in this Planning Commission meeting, please contact Michael Ortiz, City ADA
Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable
arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102]
Lisa E. Storck
Legal Counsel
Vince Fregoso, AICP
Acting Planning Manager
Sarah Bernal
Recording Secretary
Candida Neal, AICP
Acting Executive Director
PLANNING COMMISSION AGENDA 1 November 27, 2017
Basic Planning Commission Meeting Information
Five-Year Strategic Plan (2014-2019) Detailed information at: http://www.santa-ana.org/strategic-planning/
Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its
community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the
City and organization on a course that meets the challenges of today and tomorrow.
Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community
•Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services
Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic
environment, opportunities for our youth, and a high quality of life for residents.”
Guiding Principles
•Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency
Strategic Plan Goals/Objectives/Strategies:
Goal 1 - Community Safety
Goal 2 - Youth, Education, Recreation
Goal 3 - Economic Development
Goal 4 - City Financial Stability
Goal 5 - Community Health, Livability, Engagement & Sustainability
Goal 6 - Community Facilities & Infrastructure
Goal 7 - Team Santa Ana
*********
Code of Ethics and Conduct - The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment
to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards,
commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s
webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect ·
Efficiency
Agenda Information - The agenda descriptions provide the public with a general summary of the items of business to be considered by
the Planning Commission. The Planning Commission is not limited in any way by the “Recommended Action” and may take any
action which the Commission deems to be appropriate on an agenda item. Except as otherwise provided by law, no action shall be
taken on any item not listed on the agenda.
Public Comments/Public Input - Pursuant to Government Code Sec. 54954.3, the public may address the Planning Commission on
any and all matters within the Commission’s jurisdiction.
At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The
public will be given the opportunity to speak on any and all matters contained on any of the Consent Calendar and Business
Calendar items and/or on issues of public interest within the jurisdiction of the Commission. Members of the public shall be given
three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All reques ts to
speak shall be submitted in writing to the Commission Secretary at the beginning of the meeting and before Public Comments
begin. Speaker forms will be available at the meeting.
REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT
PERMISSION OF THE CHAIR. When speaking, all persons addressing the Planning Commission shall follow the rules of decorum
as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decoru m and
order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code.
Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the Planning Commission and will be
enacted by one motion without discussion unless a member of the Commission “pulls” an item(s) from the consent calendar for a
separate vote.
Senate Bill 343 - As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Planning
Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building
Agency during normal business hours.
Agenda & Minutes - Staff reports and documents relating to each agenda item are on file in the office of the Planning & Building Agency
and are available for public inspection during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Thursday and
alternate Fridays. The Planning & Building Agency is located in City Hall Ross Annex, 20 Civic Center Plaza, 2nd Floor, Santa Ana,
California, (714)667-2700. Council meeting agendas, staff reports, and minutes are available the Friday before a Planning
Commission meeting at the following website address: www.santa-ana.org
PLANNING COMMISSION AGENDA 2 November 27, 2017
CITY OF SANTA ANA
PLANNING COMMISSION MEETING
AGENDA
NOVEMBER 27, 2017
5:30 P.M.
CALL TO ORDER CHAIR MCLOUGHLIN
COMMISSION MEMBERS ALDERETE,
BACERRA, CONTRERAS-LEO, MENDOZA,
NGUYEN, VERINO
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS (on non-agenda items)
RECOMMENDED ACTION: Approve staff recommendation on the following
Consent Calendar Item: A – B.
A. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 13, 2017
{STRATEGIC PLAN NO. 5, 1}
RECOMMENDED ACTION: Approve Minutes.
B. EXCUSED ABSENCES
RECOMMENDED ACTION: Excuse absent commission members.
* * * END OF CONSENT CALENDAR * *
CONSENT CALENDAR ITEMS
PLANNING COMMISSION AGENDA 3 November 27, 2017
PUBLIC HEARINGS
1. MITIGATED NEGATIVE DECLARATION/ENVIRONMENTAL REVIEW 2016-165,
GENERAL PLAN AMENDMENT NO. 2017-02 AND AMENDMENT APPLICATION
NO. 2017-03 TO ALLOW FOR A NEW AFFORDABLE HOUSING DEVELOPMENT
LOCATED AT 2223 WEST FIFTH STREET – BRIAN HENDRICKS, APPLICANT
{STRATEGIC PLAN NO. 3, 2} – Ali Pezeshkpour, Case Planner
Legal notice published in the Orange County Reporter on November 17, 2017 and
notices mailed on November 16, 2017.
RECOMMENDED ACTIONS:
1. Recommend that City Council adopt a resolution. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED
NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2016-165 AND
GENERAL PLAN AMENDMENT NO. 2017-02 FOR THE PROPERTIES
LOCATED AT 2223 AND 2237 WEST FIFTH STREET.
2. Recommend that City Council adopt an ordinance. AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING
AMENDMENT APPLICATION NO. 2017-03 REZONING THE PROPERTIES
LOCATED AT 2223 AND 2237 WEST FIFTH STREET FROM SINGLE-FAMILY
AND TWO-FAMILY RESIDENCE (R1/R2) TO SPECIFIC DEVELOPMENT (SD)
NO. 92 (AA NO. 2017-03) AND ADOPTING SPECIFIC DEVELOPMENT NO. 92
(SD-92) FOR SAID PROPERTIES
2. CONDITIONAL USE PERMIT NO. 2017-22 TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR ON PREMISE CONSUMPTION AT SUSHI NEAR
ME RESTAURANT LOCATED AT 3701 SOUTH HARBOR BOULEVARD, UNIT F –
SOTHON THAWORNJAROEN, APPLICANT {STRATEGIC PLAN NO. 3, 2} – Jerry
Guevara, Case Planner
Legal notice published in the Orange County Reporter on November 17 , 2017 and
notices mailed on November 16, 2017.
RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2017-22 TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT SUSHI NEAR
ME RESTAURANT LOCATED AT 3701 SOUTH HARBOR BOULEVARD, UNIT F.
BUSINESS CALENDAR ITEMS
PLANNING COMMISSION AGENDA 4 November 27, 2017
3. MODIFY CONDITIONAL USE PERMIT NO. 2014-19 TO ALLOW THE EXPANSION
OF THE NETWORK BREWERY INTO THE ADJACENT SUITE LOCATED AT 1824
AND 1826 EAST CARNEGIE AVENUE – BRIAN ANDERSON, APPLICANT
{STRATEGIC PLAN NOS. 3, 1; 3, 2} – Ivan Orozco, Case Planner
Legal notice published in the Orange County Reporter on November 17 , 2017 and
notices mailed on November 16, 2017.
RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING
MODIFICATION TO CONDITIONAL USE PERMIT NO. 2014-19 AS
CONDITIONED TO ALLOW A TYPE 23 ALCOHOLIC BEVERAGE CONTROL
LICENSE TO EXPAND INTO THE ADJACENT TENANT SPACE FOR NETWORK
BREWERY LOCATED AT 1824 AND 1826 EAST CARNEGIE AVENUE
* * * END OF BUSINESS CALENDAR * * *
4. THE MADISON MIXED-USED DEVELOPMENT LOCATED AT 200 NORTH
CABRILLO PARK DRIVE – Jill Arabe, Case Planner
5. STAFF COMMENTS
6. PLANNING COMMISSION MEMBER COMMENTS
ADJOURNMENT - The next meeting of the Planning Commission is scheduled for
Monday, December 11, 2017 at 5:30 p.m. in the Council Chamber, 22
Civic Center Plaza, Santa Ana, California.
WORK STUDY CALENDAR
COMMENTS
PLANNING COMMISSION AGENDA 5 November 27, 2017
FUTURE AGENDA ITEMS
Modify Conditional Use Permit Nos. 2013-02, 2013-03 & 2013-07 to allow the after-hours operation, the
sale of alcoholic beverages for on-premise consumption, and expansion into the adjacent suite at C4 Deli
located at 200 and 202 North Broadway.
Site Plan Review No. 2016-03 and Variance Nos. 2017-05 & 2017-06 to allow the construction of a
mixed-use development with deviations to parking and the side yard setback located at 200 North Cabrillo
Park Drive
Mitigated Negative Declaration/Environmental Review No. 2017-96, Amendment Application No. 2017-
19, Variance No. 2017-07 and Conditional Use Permit No. 2017-29, to allow a zone change from P to C1-
MD for the construction and operation of a hotel with deviations to off-street parking, setback, wall height
and signs located at 2129 N. Main Street.
Tract Map No. 2017-02 & Variance No. 2017-08 to allow construction of a subdivision for single-family
structures with deviations to lot frontage, rear yard setback and separation between buildings located at
610 S. Newhope Street
Tract Map No. 2017-03 and Variance No. 2017-09 to allow construction of a subdivision for single -family
structures with deviations to parking and building ratio located at 1008 East Fourth Street.
Conditional Use Permit No. 2017-25 to renew an existing major wireless communication facility disg uised
as a monopine located at 1517 North Fairview Street.
PLANNING COMMISSION MINUTES 1 NOVEMBER 13, 2017
MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA, CALIFORNIA
NOVEMBER 13, 2017
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
5:30 P.M.
ATTENDANCE COMMISSIONERS Present:
MARK MCLOUGHLIN, Chair
CYNTHIA CONTRERAS-LEO, Vice Chair
ERIC ALDERETE
PHIL BACERRA
BEATRIZ MENDOZA
KENNETH NGUYEN
COMMISSIONERS Absent:
LYNNETTE VERINO
STAFF Present:
VINCE FREGOSO, Acting Planning Manager
LISA STORCK, Assistant City Attorney
JERRY GUEVARA, Assistant Planner
ESCARLET MAR, Planning Technician
JOCELYN TORRES, Planning Intern
SARAH BERNAL, Recording Secretary
PLEDGE OF ALLEGIANCE Commissioner Mendoza
PUBLIC COMMENTS (on non-agenda items): None
CONSENT CALENDAR
MOTION: Approve staff recommendation on Consent Calendar Items A-B.
MOTION: Nguyen SECOND: Mendoza
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza,
Nguyen (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Verino (1)
PLANNING COMMISSION MINUTES 2 NOVEMBER 13, 2017
A. MINUTES FROM THE REGULAR MEETING OF OCTOBER 23, 2017
MOTION: Approve Minutes.
B. EXCUSED ABSENCES
MOTION: Excuse the absence of Commissioner Verino.
* * * END OF CONSENT CALENDAR * * *
BUSINESS CALENDAR ITEMS
PUBLIC HEARINGS
1. MODIFY CONDITIONAL USE PERMIT NO. 2011-09
(Applicant: Marisocs Zamora – 3701 W. McFadden Avenue, Units G, H, I & J)
Matter continued from the July 10, 2017 Planning Commission meeting. Legal notice
published in the Orange County Reporter on June 30, 2017 and notices mailed on June
30, 2017.
Chairperson McLoughlin opened the Public Hearing. There were no speakers and the
Public Hearing was closed.
Commission inquired on the reason for staff’s request to continue the matter indefinitely.
Planning Manager Fregoso indicated that the applicant is in the process of complying with
the conditions set forth at July 10, 2017 Planning Commission meeting regarding the sign
program, tenant improvements and entertainment permit. Rather than recommending
denial of the application, staff is recommending the matter be continued indefinitely to
allow the applicant additional time to fully comply with conditions.
Commission recapped the discussion that took place at the July 10, 2017 Planning
Commission meeting: Applicant requested modification to Conditional Use Permit No.
2011-09; commission gave the applicant three months to comply with conditions regarding
signage, a tenant improvement permit and entertainment permit. Commission expressed
concern with the amount of time it has taken to comply with the conditions and does not
believe the applicant is acting in good faith. Commission agreed that the matter should not
be continued indefinitely.
Commissioner Bacerra motioned to bring forward a resolution in 30 days to deny
Conditional Use Permit No. 2011-09 and it was seconded by Commissioner Contreras-
PLANNING COMMISSION MINUTES 3 NOVEMBER 13, 2017
Leo. Commissioner Nguyen introduced a substitute motion to continue the matter for 30
days and it was seconded by Commissioner Contreras-Leo.
SUBSTITUTE MOTION: Continue the matter for 30 days.
MOTION: Nguyen SECOND: Contreras-Leo
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza,
Verino (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Verino (1)
2. CONDITIONAL USE PERMIT NO. 2017-27 AND 2017-28
(Applicant: The Nineteen01 – 1901 E. First Street)
Legal notice published in the Orange County Reporter on November 3, 2017 and notices
mailed on November 2, 2017.
Planning Intern Torres provided a presentation which included a site description, site plan
and photo, floor plans, renderings of project and project analysis. Discussion ensued on
the construction timeline of the proposed stage area, operating hours, menu, outdoor
seating, alcohol consumption area and the number of kitchens on -site. The applicant
spoke in support of the matter. Chairman McLoughlin opened the public hearing. There
were no speakers and the public hearing was closed.
MOTION:
1. Adopt a resolution approving Conditional Use Permit No. 2017-27 for Porrovita
Juice Bar.
2. Adopt a resolution approving Conditional Use Permit No. 2017-28 for Huskins
Coffee Bar.
MOTION: Bacerra SECOND: Mendoza
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza,
Nguyen (6)
NOES: None (0)
ABSTAINED: None (0)
ABSENT: Verino (1)
PLANNING COMMISSION MINUTES 4 NOVEMBER 13, 2017
3. ZONING ORDINANCE AMENDMENT NO. 2017-05
(Applicant: City of Santa Ana – Small Lot Subdivisions)
Legal notice published in the Orange County Register on November 3, 2017.
Assistant Planner Guevara provided a presentation which included information on the
proposed ordinance and examples of small-lot subdivisions. Discussion ensued on funding
for future projects, building separation, driveway space, parking ratio, common open space
and pedestrian connectivity.
Chairman McLoughlin opened the public hearing. The following spoke on the matter:
Steve LaMotte, representing the Building Industry Association , spoke in support of
the matter, noted that it will help to increase homeowner rates.
There were no other speakers and the hearing was closed.
MOTION: Recommend that the City Council adopt an ordinance approving
Zoning Ordinance Amendment (ZOA) No. 2017-05 to amend Chapter 41 (Zoning) of
the Santa Ana Municipal Code (SAMC).
MOTION: Alderete SECOND: Bacerra
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza,
Nguyen, Verino (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Verino (1)
4. CONDITIONAL USE PERMIT NO. 2016-05
(Applicant: Kiyomizu Restaurant – 305 E. Fourth Street, Suite 104 & 105)
Legal notice published in the Orange County Reporter on November 3, 2017 and notices
mailed on November 2, 2017.
Assistant Planner Guevara provided a presentation which included a project description,
site description, site plan and photo, floor plan and elevations, and project analysis. The
applicant spoke in support of the matter and addressed the concern regarding the
vagueness of the tenant improvement plans. Discussion ensued on the proposed art
gallery, hours of operation, neighboring businesses, alcohol related incidences, and
proposed tenant improvement plans. Chair McLoughlin opened the Public Hearing. There
were no speakers and the Public Hearing was closed.
PLANNING COMMISSION MINUTES 5 NOVEMBER 13, 2017
MOTION: Adopt a resolution approving modification to Conditional Use Permit
No. 2016-05, as conditioned, with an amendment to Conditions for Approval No. 3
that the applicant shall submit tenant improvement plans to the Planning and
Building Agency Planning Commission for review and approval.
MOTION: Bacerra SECOND: Alderete
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Menodza,
Nguyen (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Verino (1)
5. CONDITIONAL USE PERMIT NO. 2017-24
(Applicant: Deborah Willems – 31 E. Macarthur Crescent, Unit 102)
Legal notice published in the Orange County Reporter on November 3, 2017 and notices
mailed on November 2, 2017.
Planning Technician Mar provided a presentation which included a project description, site
description, site plan and photo, floor plan and elevations, and project analysis. The
applicant spoke in support of the matter. Discussion ensued on the origin of the restaurant
name. Chair McLoughlin opened the Public Hearing. There were no speakers and the
Public Hearing was closed.
MOTION: Adopt a resolution approving Conditional Use Permit No. 2017-24.
MOTION: Nguyen SECOND: Bacerra
VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Menodza,
Nguyen (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Verino (1)
COMMENTS
5. STAFF COMMENTS
Acting Planning Manager Fregoso:
There will be a Planning Commission meeting on November 27.
There will be a reception for Commissioners prior to the meeting on December 11.
PLANNING COMMISSION MINUTES 6 NOVEMBER 13, 2017
6. PLANNING COMMISSION MEMBER COMMENTS
All Commissioners welcomed back Commission Secretary Bernal and wished everyone a
Happy Thanksgiving.
Commissioner Mendoza:
Encouraged everyone to attend the tree lighting ceremony at Plaza Calle Cuatro on
November 18.
Chair McLoughlin
Inquired about the item that went before City Council regarding accessory dwelling
units.
o Acting Planning Manger Fregoso reported that the item was continued.
Inquired about Commissioner business cards and city e-mail addresses.
ADJOURNED 6:52 P.M. - The next meeting of the Planning Commission is scheduled for
Monday, November 13, 2017 at 5:30 p.m. in the Council Chamber, 22 Civic
Center Plaza, Santa Ana, California.
Sarah Bernal
Recording Secretary
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MND/ER 2016-165, GPA 2017-2, AA 2017-3
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EXHIBIT 8 1-29
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Exhibit 9:
Print Date: 5/11/17
Sectional District Map: 11-5-10 I
A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION
C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE-FAMILY RESIDENCE -OZ OVERLAY ZONE
C1MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT
C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE
C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II
C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN
CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE
PLANNED RESIDENTIAL DEVELOPMENT -PRD
City of Santa Ana, California
ZONING DISTRICTS
1-41
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SD No. 92 – Page 1 of 5
SPECIFIC DEVELOPMENT PLAN NO. 92
Tiny Tim Plaza Mixed-Use Development
SECTION 1 – APPLICABILITY OF ORDINANCE
The Specific Development zoning district No. 92 (SD-92) for the Tiny Tim Plaza Mixed-Use
Redevelopment project site is authorized by Chapter 41, Division 26 Section 41-593 et seq.
of the Santa Ana Municipal Code. SD No. 92 contains the specific standards and regulations
contained in the residential district, as herein amended, for the purpose of establishing land
use regulations and standards. All other applicable chapters, articles, and sections of the
Santa Ana Municipal Code are in effect unless expressly superseded by regulations contained
in this ordinance.
SECTION 2 – PURPOSE
The Specific Development Plan No. 92 for the Tiny Tim Plaza development project consists
of standards and regulations established for the purpose of protecting the health, safety, and
general welfare of the people of the City of Santa Ana by promoting and enhancing the value
of property and encouraging the orderly development of the property.
Objectives
The objectives of the Tiny Tim Plaza development project specific development plan
include provision of the following:
1. Development of a 51-unit, affordable, and family-oriented residential
project in an area identified by the 2014-2021 Housing Element as an
opportunity area for infill residential projects.
2. Promotion of the City’s image as providing high-quality residential projects for
individuals and families of all income groups.
3. A clean and safe environment for the City’s residents, workers, and visitors.
4. A visually harmonious development as viewed both internally and
externally.
5. Flexibility in development in response to market conditions while achieving
overall City and community goals.
SECTION 3 – Uses permitted in Specific Development No. 92
The following uses are permitted in the SD-92 district:
(a) Fifty-51 (51) multiple-family dwelling units for affordable housing, including one
(1) onsite manager’s unit.
EXHIBIT 10 1-42
SD No. 92 – Page 2 of 5
(b) Ancillary onsite community-serving or social service uses. The lobby will be
accessible 24-hour a day to residents and staff.
(c) Home occupations, pursuant to Section 41-192.1 of the Santa Ana Municipal
Code.
(d) Any commercial use permitted by Section 41-377 of the Santa Ana Municipal
Code.
SECTION 3.5 – Ancillary Uses permitted in Specific Development No. 92
(a) Any ancillary spaces in the residential component intended as community spaces
or community rooms shall be made available for short-term uses lasting fewer
than one day (24 hours) for use by the residents of the project or the greater Santa
Ana community.
SECTION 4 – Uses subject to a conditional use permit in Specific Development No. 92
(a) Childcare facilities caring for more than eight (8), but no more than fourteen (14)
children.
(b) Any commercial use requiring a conditional use permit permitted by Section 41-
377.5 of the Santa Ana Municipal Code.
SECTION 5 – Maximum permitted floor area ratio (FAR)
The maximum authorized building intensity for the Tiny Tim Plaza development project is a
floor area ratio (FAR) of 1.05, including residential areas, community-serving areas (e.g.,
laundry room, office, gym and community room), parking garage and interior corridors, as
well as commercial portions of the project site.
SECTION 6 – Minimum lot area in Specific Development No. 92
The developable lot for the project shall have a minimum lot area of 2.33 acres.
SECTION 7 – Minimum street frontage in Specific Development No. 92
Developable lots shall have a minimum street frontage of at least 100 feet.
SECTION 8 – Building height in Specific Development No. 92
No structure shall exceed 45 feet in height, as measured from the lowest adjacent grade of a
structure to the top of the structure.
SECTION 9 – Development standards in Specific Development No. 92
EXHIBIT 10 1-43
SD No. 92 – Page 3 of 5
The Tiny Tim Plaza development project shall be built as shown on the approved project
plans included as attachments to the SD. The plans shall govern in the event there is a
conflict between the SD with the project plans. In addition, the following standards are
applicable to the project:
(a) Setbacks.
(1) A minimum setback of ten (10) feet shall be provided between the buildings
and property line abutting City streets.
(2) A minimum setback of five (5) feet shall be provided between any new
single-level buildings and the interior property line(s).
(3) A minimum setback of ten (10) feet shall be provided between any new
buildings greater than one story and interior property line(s).
(b) Parking. The minimum off-street parking requirements for the project are as
follows:
(1) 94 total parking spaces for the affordable residential component.
(2) All commercial uses on the entire project site shall be parked at
a rate of 1 space per 300 square feet of gross floor area.
(3) Prior to occupancy a parking management plan shall be
submitted to the Planning Division for review, identifying
parking per unit, services provider parking and guest parking.
The plan is subject to approval of the Planning Manager.
(c) Pedestrian Walkways and Open Space. The project will provide a
minimum of 25% open space available to the general public. The
25% shall be measured as a percentage of the gross site area (2223
and 2237 W. Fifth Street).
(d) Landscaping
Detailed landscaping, hardscape, and site furnishing plans shall be
submitted to and be approved by the City of Santa Ana Planning
Division prior to issuance of a building permit and installed as
required in the approved plans.
(1) Project Landscaping:
a. Landscaping shall be compliant with the City of Santa Ana’s
Landscape Water Conservation Ordinance.
b. All landscape areas shall have a fully automatic irrigation
system (including spray or drip) as required by the City of
Santa Landscape Water Conservation Ordinance.
(2) All meters shall be appropriately screened from public view with
trellis work and vines or hedge-type shrub, or be incorporated into
the residential structure.
EXHIBIT 10 1-44
SD No. 92 – Page 4 of 5
(3) The residential building wall along the north and east elevations
shall be planted with vines where appropriate.
(4) Maintenance: All plant material shall be maintained per Section
41-609 of the Santa Ana Municipal Code.
(e) Architectural and Project Design Features.
(1) Exterior materials. Prior to building plan check the applicant
shall submit revised architectural elevations with additional
colors, materials, windows, or recessed areas to previously
flat facades, subject to the review and approval of the
Planning Manager. Exterior materials and finishes for the
project shall comply with the approved materials board
submitted for the project during building plan check. All
trash enclosures and similar ancillary structures shall match
the texture, material and color of the building.
(2) Lighting standards/fixtures. The light fixtures are to
integrate design elements of the building and landscape
architecture. Lighting is to be designed to confine the direct
rays of the artificial lighting within the boundaries of the
development. Specifications of light standards/fixtures and
photometrics plan shall be submitted to Planning Division
for approval.
(3) The project shall comply with all requirements of the
Development Review Committee identified for Development
Project (DP) No. 2016-47.
(f) Mechanical Equipment, Appurtenances, and Conduits
All mechanical equipment and all supporting appurtenances and conduits shall
be screened from view within designated rooms, inside walls, behind parapets,
or through a combination of landscape and hardscape materials.
(g) Trash Enclosures
Trash bins shall be stored in designated trash rooms. There shall be an onsite
designated trash staging areas only be used on service days and the staging area
and bins shall not disrupt vehicular use of the driveway. The minimum
requirements needed to service the location shall be clearly indicated on the
plans and subject to the approval of the Public Works Agency.
(h) Easements
Prior to the issuance of building permits all easements shall be relocated or
quitclaim within the boundary of the project and building footprints.
(i) Maintenance
The property shall be maintained free for trash, debris and graffiti. Graffiti shall
be removed within ten (10) days after its appearance in accordance with Section
10-227 of the Santa Ana Municipal Code.
EXHIBIT 10 1-45
SD No. 92 – Page 5 of 5
(j) Parcels and Lots
Prior to issuance of building permits any and all lot line adjustments or
voluntary lot mergers shall be recorded.
EXHIBIT 10 1-46
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The Draft Mitigated Negative Declaration (MND) and Technical Appendices are
available at the following locations:
Online:
http://santa-ana.org/pba/planning/TinyTimPlaza.asp
Paper Copies:
Planning and Building Agency
Planning Counter, First Floor
20 Civic Center Plaza
Santa Ana, CA 92701
Santa Ana Public Library
26 Civic Center Plaza
Santa Ana, CA 92701
EXHIBIT 11 1-47
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RESOLUTION NO. 2017-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING MITIGATED
NEGATIVE DECLARATION, ENVIRONMENTAL
REVIEW NO. 2016-165 AND GENERAL PLAN
AMENDMENT NO. 2017-02 FOR THE PROPERTIES
LOCATED AT 2223 AND 2237 WEST FIFTH STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Community Development Partners (Applicant) is requesting approval of
General Plan Amendment No. 2017-02 to amend the General Plan land use
designation of the properties located at 2223 and 2237 West Fifth Street
from Low-Density Residential (LR) and General Commercial (GC) to Urban
Neighborhood (UN) and to update text portions of the City’s Land Use
Element to reflect this change in order to facilitate the construction of a 51-
unit affordable housing project on the 2.33-acre properties.
B. The City is also proposing a minor amendment to the General Plan Land
Use Element to amend Table A-3: Correlation of Land Use Designations
and Zoning Districts, which would add the C1-MD (Community
Commercial/Museum District) zoning district to the District Center (DC)
General Plan Land Use Designation land use category.
C. On August 30, 2017, pursuant to Senate Bill 18, the City mailed consultation
letters to all tribes listed on the Native American Heritage Commission
(NAHC) Tribal Consultation List. The consultation period has since
concluded.
D. On November 27, 2017, the Planning Commission of the City of Santa Ana
held a duly noticed public hearing and voted to recommend that the City
Council adopt a resolution adopting Mitigated Negative Declaration,
Environmental Review No. 2016-165 and approving General Plan
Amendment No. 2017-02.
E. On December 19, 2017, the City Council of the City of Santa Ana held a
duly noticed public hearing to consider all testimony, written and oral,
related to General Plan Amendment No. 2017-02, at which time all
persons wishing to testify were heard, the project was fully considered,
and all other legal prerequisites to the adoption of this Resolution
occurred.
DRAFT
1-48
F. General Plan Amendment No. 2017-02 has been filed to amend the General
Plan to change the land use designation of the properties at 2223 and 2237
West Fifth Street from Low-Density Residential (LR) and General
Commercial (GC) to Urban Neighborhood (UN), and to amend Table A-3:
Correlation of Land Use Designations and Zoning Districts, to add the C1-
MD (Community Commercial/Museum District) zoning district to the District
Center (DC) General Plan Land Use Designation land use category.
1. The existing General Plan land use designations for the project site at
2223 and 2237 West Fifth Street are Low-Density Residential (LR)
and General Commercial (GC), which allow single-family homes at a
density up to seven (7) units per acre, or business and professional
offices; retail and service establishments; recreational, cultural, and
entertainment uses and vocational schools with a floor area ratio of
0.5. In order to facilitate the construction of a 51-unit affordable
housing project with a floor area ratio of 1.05, the land use
designation needs to be changed to Urban Neighborhood (UN),
which allows for a mix of residential uses and housing types, such as
low- to mid-rise multiple family, townhouses, single family dwellings;
with some opportunities for live-work, neighborhood serving retail and
service, public space and use, and other amenities with a floor area
ratio of 0.5 to 3.0.
2. The proposed project at 2223 and 2237 West Fifth Street will support
several goals and policies of the General Plan. First, the project is
consistent with Housing Element Goal 2, to create diversity of quality
housing, affordability levels, and living experiences that
accommodate Santa Ana’s residents and workforce of all household
types, income levels, and age groups to foster an inclusive
community. The project will provide 50 affordable rental housing units
and one onsite manager’s unit, which supports Housing Element
Goal 3: Increased opportunities for low and moderate income
individuals and families to find quality housing opportunities and
afford a greater choice of rental or homeownership opportunities. The
affordable housing project is in line with Housing Element Goal 4, to
provide adequate rental and ownership housing opportunities and
supportive services for seniors, people with disabilities, families with
children, and people needing emergency, transitional, or supportive
housing. Further, the project is consistent with several Housing
Element policies; Policy HE-2.3 to encourage construction of rental
housing for the city’s residents and workforce; Policy HE-3.4 to
support the provision of employment training, childcare services,
rental assistance, youth services, and other community services that
enable households to attain the greatest level of self-sufficiency and
independence; and Policy HE-4.4 to support the provision of
supportive services and service-enriched housing for persons with
special needs, such as seniors, disabled people, homeless people,
families, veterans and people with medical conditions.
3. The minor amendment to Table A-3: Correlation of Land Use
DRAFT
1-49
Designations and Zoning Districts will add the C1-MD (Community
Commercial/Museum District) zoning district to the District Center
(DC) General Plan Land Use Designation land use category,
ensuring consistency between the C1-MD zoning district and the
General Plan.
G. The City Council has weighed and balanced the General Plan’s policies,
both new and old, and has determined that based upon this balancing that
General Plan Amendment No. 2017-02 is consistent with the purpose of
the general plan.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration
(MND)/Environmental Review No. 2016-165, prepared with respect to this project. The
City Council has, as a result of its consideration and the evidence presented at the
hearings on this matter, determined that, as required pursuant to the California
Environmental Quality Act (CEQA) and the State CEQA Guidelines, an MND
adequately addresses the expected environmental impacts of this project. On the basis
of this review, the City Council finds that there is no evidence from which it can be fairl y
argued that the project will have a significant adverse effect on the environment. The
City Council hereby certifies and approves the MND and directs that the Notice of
Determination be prepared and filed with the County Clerk of the County of Orange in
the manner required by law.
Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the
City Council has determined that, after considering the record as a whole, there is no
evidence that the proposed Project will have the potential for any significant adverse
effect on wildlife resources or the ecological habitat upon which wildlife resources
depend. The proposed Project exists in an urban environment characterized by paved
concrete, roadways, surrounding buildings and human activity. However, pursuant to
Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and
Game Department filing fees in conjunction with this project is at the discretion of the
State of California Department of Fish and Wildlife.
Section 3. The City Council of the City of Santa Ana after conducting the
public hearing hereby approves General Plan Amendment No. 2017-02. The
amendments to the Land Use Element are attached hereto as Exhibit “A” and
incorporated herein by this reference as though fully set forth herein. This decision is
based upon the evidence submitted at the above said hearing, which includes, but is not
limited to: the Request for Council Action dated December 19, 2017, and exhibits
attached hereto; and the public testimony, written and oral, all of which are incorporated
herein by this reference.
Section 4. This Resolution shall not be effective unless and until Ordinance No.
NS- (AA No. 2017-03) becomes effective. If said ordinance is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
or otherwise do not go into effect for any reason, then this resolution shall be null and void
and have no further force and effect.
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Section 5. 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.
Section 6. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Planning and Building Agency shall give direct notice to the
Applicant of the City Council’s decisions and these findings.
ADOPTED this 19th day of December 2017.
_______________________
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Lisa Storck
Assistant City Attorney
AYES: Councilmembers _______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2017-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on _______________, 2017.
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Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
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Ordinance No. NS-XXXX
Page 1 of 4
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO. 2017-03 REZONING THE
PROPERTIES LOCATED AT 2223 AND 2237 WEST FIFTH
STREET FROM SINGLE-FAMILY AND TWO-FAMILY
RESIDENCE (R1/R2) TO SPECIFIC DEVELOPMENT (SD)
NO. 92 (AA NO. 2017-03) AND ADOPTING SPECIFIC
DEVELOPMENT NO. 92 (SD-92) FOR SAID PROPERTIES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Amendment Application No. 2017-03 has been filed with the City of Santa
Ana to change the zoning designation of the parcels located at 2223 and
2237 West Fifth Street from Single-Family and Two-Family Residence
(R1/R2) to Specific Development (SD) No. 92 zoning designation.
B. The zoning designation of the Specific Development No. 92 (SD-92) would
allow the development of a 51-unit affordable rental residential community
project and will bring the rezoned properties into consistency with the
General Plan land use designation of Urban Neighborhood (UN).
C. On November 27, 2017, the Planning Commission held a duly noticed
public hearing and voted to recommend that the City Council adopt an
ordinance approving Amendment Application No. 2017-03 which is
consistent with the General Plan, as amended by General Plan
Amendment No. 2017-02.
D. The City Council has reviewed applicable general plan policies and has
determined that this proposed rezoning is consistent with the purpose of
the General Plan.
E. The City Council, prior to taking action on this ordinance, held a duly noticed
public hearing on December 19, 2017.
F. The City Council also adopts as findings all facts presented in the Request
for Council Action dated December 19, 2017 accompanying this matter.
G. For these reasons, and each of them, Amendment Application No. 2017-
03 is hereby found and determined to be consistent with the intent and
purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing
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Ordinance No. NS-XXXX
Page 2 of 4
the zoning district is found to be consistent with the General Plan of the
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
Section 2. The Planning Commission of the City of Santa Ana recommends that
the City Council adopt an ordinance rezoning the real properties located at 2223 and
2237 West Fifth Street from Single-Family and Two-Family Residence (R1/R2) to Specific
Development No. 92 (AA No. 2017-03). Amended Sectional District Map number 11-5-10
showing the above described change in use district designation, is hereby attached hereto
as Exhibit A and incorporated by this reference as though fully set forth herein. This
recommendation is based upon the evidence submitted at the above said hearing,
which includes, but is not limited to: the Request for Council Action dated December 19,
2017, and exhibits attached thereto; and the public testimony, all of which are
incorporated herein by this reference.
Section 3. The City Council has reviewed and considered the information
contained in the Mitigated Negative Declaration (Environmental Review No. 2016-165)
prepared with respect to this project. The City Council has, as a result of its
consideration of the record as a whole and the evidence presented at the hearings on
this matter, determined that, as required pursuant to the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2016-
165 meets all the requirements of CEQA.
Section 4. The real properties located at 2223 and 2237 West Fifth Street in
Santa Ana is hereby reclassified from Single-Family and Two-Family Residence (R1/R2)
to Specific Development No. 92 (SD-92). An amended Sectional District Map, showing
the above described changes in use district designation, is hereby approved and attached
hereto as Exhibit A and incorporated by this reference as though fully set forth herein.
Section 5. Specific Development No. 92 (SD-92) attached hereto as Exhibit B
and incorporated by this reference as though fully set forth herein is approved and
adopted in its entirety.
Section 6. This ordinance shall not be effective unless and until Resolution No.
2017- (Environmental Review No. 2016-165 and General Plan Amendment
No. 2017-02) are adopted and become effective. If said resolution and ordinance are for
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall
be null and void and have no further force and effect.
Section 7. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
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Ordinance No. NS-XXXX
Page 3 of 4
sections, subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
Section 8. 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.
ADOPTED this ____ day of ________, 2017.
_______________________
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
Lisa Storck
Assistant City Attorney
AYES: Councilmembers ___________________________________
NOES: Councilmembers ___________________________________
ABSTAIN: Councilmembers ___________________________________
NOT PRESENT: Councilmembers ___________________________________
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Ordinance No. NS-XXXX
Page 4 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-_____ to be the original ordinance adopted by the City
Council of the City of Santa Ana on __________, 2017 and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
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Resolution No. 2017-xx
Page 1 of 5
RESOLUTION NO. 2017-XX
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2017-22 TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR ON-PREMISE
CONSUMPTION AT SUSHI NEAR ME RESTAURANT
LOCATED AT 3701 SOUTH HARBOR BOULEVARD, UNIT F
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.Sothon Thawornjaroen (“Applicant”), representing Sushi Near Me
Restaurant, is requesting approval of Conditional Use Permit No. 2017-22 to
allow the sale of alcoholic beverages for on-premise consumption for the
property located at 3701 South Harbor Boulevard, Unit F.
B.Santa Ana Municipal Code Section 41-196 requires approval of a
conditional use permit for establishments wishing to sell alcohol for on- or
off-premise consumption.
C.On November 27, 2017, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2017-22.
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. 2017-22 to allow the sale
of alcoholic beverages for on-premise consumption:
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 sale of alcoholic beverages for on-premise
consumption at this location will provide an ancillary service to
the restaurant’s customers by allowing them the ability to
purchase a variety of alcoholic beverages with their meal.
This will thereby benefit the community by providing a
restaurant with an additional and complementary food related
amenity. Operational standards apply to the alcoholic
beverage control license will mitigate any potential impacts
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Resolution No. 2017-xx
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created by the use and ensure that the use will not negatively
affect the surrounding community.
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 sale of alcoholic beverages for on-premise
consumption at this location will not be detrimental to the
health, safety, or general welfare of persons residing or
working in the vicinity because the operational standards
applicable to the alcoholic beverage control license will
address any potential negative or adverse impacts created
by the use. Sushi Near Me is a bona-fide restaurant and the
addition of alcohol will be ancillary to the main use. All of the
operational standards identified in SAMC Sec. 41-196 will
apply to this establishment. Finally, the sale of alcohol in the
restaurant is intended to be incidental to the primary use as
an eating establishment and will occur within the premises.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the restaurant to
compete with other nearby restaurants that offer a full
selection of alcoholic beverages for sale to their customers.
Moreover, the offering of alcoholic beverages will allow Sushi
Near Me restaurant to remain economically viable and
compete with nearby full-service restaurants in the local
vicinity and contribute to the overall success of the City of
Santa Ana.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed alcohol beverage control license and
conditional use permit will be in compliance with all applicable
regulations and operational standards imposed on a
restaurant selling alcoholic beverages for on-premise
consumption pursuant to Chapter 41 of the SAMC. The
facility will be maintained as a full-service, bona-fide eating
establishment, having suitable kitchen facilities and supplying
an assortment of foods. Additionally, the restaurant will utilize
less than five (5%) percent of the gross floor area for display
and storage of alcoholic beverages, which is the maximum
threshold established by the Santa Ana Municipal Code.
Operational standards will ensure the project remains in
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Resolution No. 2017-xx
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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 of
the city or any specific plan applicable to the area of the proposed
use.
The proposed sale of alcoholic beverages for on-premise
consumption at this location 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 provide
alcoholic beverages as part of their menu offers additional
dining options for Santa Ana residents and visitors.
Furthermore, 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. Sushi Near Me is
located within a commercial center and its operation is
compatible with the surrounding commercial businesses.
Section 2. 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 on-premise sale of alcoholic beverages at a full-service restaurant.
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 and no new expansion of the existing building is proposed.
Section 3. 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.
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Resolution No. 2017-xx
Page 4 of 5
Section 4. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2017-22 for the project
located at 3701 South Harbor Boulevard, Unit F. 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 27, 2017, and exhibits
attached thereto; and the public testimony, written and oral, all of which are
incorporated herein by this reference.
ADOPTED this 27th day of November, 2017.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
_______________________
Mark McLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Lisa Storck
Assistant City Attorney
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Resolution No. 2017-xx
Page 5 of 5
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2017-xx to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 27, 2017.
Date: ________________ ____________________________________
Commission Secretary
City of Santa Ana
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