Loading...
HomeMy WebLinkAbout09-24-18_FULL PACKETCITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA September 24, 2018 5:30 P.M. COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California 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 ROMAN REYNA Ward 4 Representative BEATRIZ MENDOZA Ward 6 Representative The Planning Commission Agenda can be found online at http://www.ci.santa-ana.ca.us/coc/granicus.asp Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 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 Candida Neal, AICP Planning Manager Sarah Bernal Recording Secretary Minh Thai Executive Director PLANNING COMMISSION AGENDA 1 September 24, 2018 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 requests 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 decorum 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 September 24, 2018 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. No action may be taken on non-agenda items unless authorized by law. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A-B. A. MINUTES FROM THE REGULAR MEETING OF AUGUST 27, 2018 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR All matters listed under the Business Calendar are generally items requiring discussion and action. Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. CONSENT CALENDAR All matters listed under the Consent Calendar are considered routine by the Planning Commission. These items will be enacted by one motion without discussion unless otherwise directed by the Chairperson. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. PLANNING COMMISSION AGENDA 3 September 24, 2018 PUBLIC HEARING 1. GENERAL PLAN AMENDMENT NO. 2018-04 AND AMENDMENT APPLICATION NO. 2018-07 FOR THE ANNEXATION OF A 25-ACRE COUNTY ISLAND AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE - CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS.3, 2} – Vince Fregoso, Case Planner. Pursuant to the California Environmental Act (CEQA), the project is exempt per Section 15319 CEQA guidelines. Legal noticed published in the Orange County Register on September 14, 2018 and notices mailed on September 14, 2018. RECOMMENDED ACTION: Recommend that the City Council: 1. Adoption of a resolution approving General Plan Amendment No. 2018-04 to predesignate properties on the General Plan Land Use Map 2. Adoption of an ordinance approving Amendment Application No. 2018-07 to prezone properties to be consistent with the City’s zoning designations. 2. GENERAL PLAN AMENDMENT NO. 2018-05 TO DESIGNATE 325 NORTH TUSTIN AVENUE AND 2321 EAST 4TH STREET AND TO GENERAL COMMERCIAL, AMENDMENT APPLICATION NO. 2018-08 TO REZONE THE PROPERTIES AT 301, 325 AND 401 NORTH TUSTIN AVENUE AND 2320 EAST 4TH STREET TO GENERAL COMMERCIAL, CONDITIONAL USE PERMIT NO. 2018-18 TO ALLOW A DRIVE- THROUGH, AND VARIANCE NO. 2018-10 TO ALLOW A REDUCTION IN LANDSCAPE SETBACKS FOR THE DEVELOPMENT OF A GAS STATION, CONVENIENCE STORE AND RETAIL PAD - FINKEL, RICHARD K., APPLICANT {STRATEGIC PLAN NOS.3, 2} – Selena Kelaher, Case Planner. Pursuant to the California Environmental Act (CEQA), Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program Environmental Review No. 2016-156 has been prepared for the project. Legal noticed published in the Orange County Register on September 14, 2018 and notices mailed on September 14, 2018. RECOMMENDED ACTION: Recommend that the City Council: 1. Adoption of a Mitigated Negative Declaration, Environmental Review No. 2016- 156. 2. Adoption of a resolution approving General Plan Amendment No. 2018-05. PLANNING COMMISSION AGENDA 4 September 24, 2018 3. Adoption of an ordinance approving Amendment Application No. 2018-08. Planning Commission adopt resolutions: 1. Approving Conditional Use Permit No. 2018-18 as conditioned. 2. Approving Variance No. 2018-10 as conditioned. 3. VARIANCE NO. 2018-09 TO ALLOW THE CONSTRUCTION OF A 15-FOOT HIGH BY 8- FOOT WIDE FREESTANDING MONUMENT SIGN FOR A SHOPPING CENTER LOCATED AT 3300 SOUTH BRISTOL STREET – GREG FLICK, APPLICANT. {STRATEGIC PLAN NOS.3, 2} – Ivan Orozco, Case Planner. Pursuant to the California Environmental Act (CEQA), the project is exempt per Section 15301 of the CEQA guidelines. Legal noticed published in the Orange County Reporter on September 14, 2018 and notices mailed on September 14, 2018. RECOMMENDED ACTION: Adopt a resolution approving Variance No. 2018-09 as conditioned. 4. ZONING ORDINANCE AMENDMENT NO. 2018-04 TO AMEND VARIOUS SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO CYBER CAFES STANDARDS, LAUNDROMATS STANDARDS, R2 AND TOWNHOUSE STANDARDS, SCHOOLS, CITYWIDE DESIGN GUIDELINES, ESTABLISHMENT SELLING ALCOHOLIC BEVERAGES, ACCESSORY DWELLING UNIT DEFINITIONS, DRIVE-THROUGH STANDARDS, REVIEW TYPES AND RESPONSIBILITIES AND FRENCH PARK (SD-19) AND HENINGER PARK (SD-40) – CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS.3, 2; 5, 3} – Jerry Guevara, Case Planner. Pursuant to the California Environmental Act (CEQA), the project is exempt per Section 15061(b)(3) CEQA guidelines. Legal noticed published in the Orange County Register on September 14, 2018 and notices mailed on September 14, 2018. RECOMMENDED ACTION: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2018-04 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) and sections of Specific Development No. 19 (SD-19)/French Park and Specific Development No. 40 (SD-40)/ Heninger Park. * * * END OF BUSINESS CALENDAR * * * PLANNING COMMISSION AGENDA 5 September 24, 2018 COMMENTS 5. STAFF COMMENTS 6. COMMISSION MEMBER COMMENTS ADJOURNMENT – The next meeting will be scheduled for Monday, October 8, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • VAR2018-11; CUP2018-19; CUP2018-20_2301 N Tustin Avenue • GPA2017-03; TM2017-04; VAR2017-10_3025 W Edinger Avenue 1 PLANNING COMMISSION MINUTES August 13, 2018 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA August 27, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:39 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE CYNTHIA CONTRERAS-LEO, Vice Chair (left at 7:47p) MARK MCLOUGHLIN, Chair KENNETH NGUYEN BEATRIZ MENDOZA ROMAN REYNA LYNETTE VERINO COMMISSIONERS Absent: None. STAFF Present: MINH THAI, Executive Director LISA STORCK, Assistant City Attorney CANDIDA NEAL, Planning Manager VINCE FREGOSO, Case Planner SELENA KELAHER, Case Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items):  Barry Ian: Spoke in opposition to the Vista Heritage Project; concerned with parking and safety. CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF AUGUST 13, 2018 {STRATEGIC PLAN NO. 5, 1} MOTION: Approve Minutes. B. EXCUSED ABSENCES A-1 2 PLANNING COMMISSION MINUTES August 13, 2018 MOTION: Excuse absent commission members: None. MOTION: Alderete SECOND: Contreras-Leo VOTE: AYES: Alderete, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Reyna, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * * * END OF CONSENT CALENDAR * ** WORK STUDY CALENDAR ITEMS *Item No. 2 taken out of order. 2. REVIEW PROPOSED PROJECT (MAGNOLIA AT THE PARK) LOCATED AT 2525 NORTH MAIN STREET Case planners Fregoso and Kelaher provided a presentation which included information on the following.  Project Description  Entitlements  Vicinity Map  Site Photos  General Plan Amendment  Amendment Application  Site Plan  Building Heights  Secondary Access – Walkie Way  Unit Mix  Proposed Parking  Open Space Amenities  Areas of Consideration A question and answer period ensued regarding building and parking structure height, setback, parking, and Walkie Way access. The applicants provided a presentation which included information on the following:  Location  Project Design  Site Plan A-2 3 PLANNING COMMISSION MINUTES August 13, 2018  Amenities/ Community Benefits  Neighborhood Concerns & Support  Developer Contributions to Santiago Park  Future Zoning  Planning  Traffic  Benefits of Development A question and answer period ensued regarding amenities and parking. The following public comments were received:  Genelle Johnson spoke in opposition: traffic and parking  David Pockett spoke in opposition: no zone change; too dense for area.  Billy Leigh spoke in opposition: negative impact on surrounding neighborhood.  Lewis Wood spoke in support: benefit to the City; there will be an economic gain.  Thomas Cartney spoke in opposition: no zone change; too dense for area.  Patricia Coleman spoke in opposition: concerned with parking and building mass; not a good fit.  Brian Potera spoke in opposition: too dense for area; not a good fit.  Sharon Gullikson spoke in opposition: too dense for area; traffic; opposes low- income housing in area.  Christine Denny-Helvig spoke in opposition: too dense for area, traffic; need to consider impact of the other dense projects in the area.  Bill Bonnett spoke in opposition: traffic; conducted a neighborhood survey with 97% opposing project; provided copies of survey.  Dimitri Lujon spoke in opposition: building mass and traffic.  Sue McDonald spoke in opposition: not a good fit.  Stephen Swytak spoke in opposition: not a good fit; traffic.  Esther Lopez spoke in opposition: traffic and safety.  Adriana DeLaRosa spoke in opposition: too dense for area; negative impact on neighborhood.  Elizabeth Hansburg spoke in support: project will not have a negative impact on neighborhood; there is a housing shortage will be beneficial to community.  Dang Le spoke in support: need housing; city will benefit.  Bea Tiritilli spoke in opposition: too dense for area; no zone change; parking issues.  Dale Helvig spoke in opposition: too dense for area; applicant’s statement is inconsistent with Environmental Impact Report; provided copies of letters in opposition.  Diane Fradkin spoke in opposition: not compatible with area; need to redesign and reduce density.  Bill Sornstein spoke in opposition: too dense for area; negative impact on neighborhood; traffic; need to revise building design.  Steve Gorgone spoke in opposition: too dense for area; not compatible with neighborhood; traffic; parking. A-3 4 PLANNING COMMISSION MINUTES August 13, 2018  Courtney Conlogue spoke in opposition: too dense for area; negative impact on neighborhood.  Giles Candy spoke in opposition: too dense for area; need a more appropriate developer.  Michael Plantamura spoke in opposition: too dense for area; no zone change.  Cathy Morehead spoke in opposition: entire project needs to be reconsidered; traffic.  Juan Hernandez spoke in opposition: negative impact on neighborhood; traffic.  Chris Schmidt spoke in opposition: too dense for area; not enough City resources to service project; grant funding to nearby park could be jeopardized.  Peggy Sleggell spoke in opposition: lack of parking; not compatible with neighborhood.  Sabrina Robinson spoke in opposition: lack of parking; there is not a housing crisis.  Michelle O’Valle spoke in opposition: will destroy Park Santiago.  Rob Richardson spoke in opposition: building mass is too large; decision should be made in the best interest of the neighborhood. ***END OF WORK STUDY CALENDAR*** *Recess at 7:59 p.m. Commission reconvened at 8:04 p.m. BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 1. DRAFT ENVIRONMENTAL IMPACT REPORT NO. 2018-01 FOR THE PROPOSED PROJECT (MAGNOLIA AT THE PARK) LOCATED AT 2525 NORTH MAIN STREET Legal noticed published in the Orange County Register on August 17, 2018 and notices mailed on August 17, 2018. The following disclosures were made:  Commissioner Alderete disclosed that he discussed the project with the applicants.  Commissioner Verino discussed the project with the applicants.  Commissioner Nguyen discussed the project with the applicants.  Chair McLoughlin was contacted by the applicant to discuss the project. Case Planner Kelaher provided a project overview which included information on the CEQA Process, Environmental Impact Report, DEIR Analysis, Alternatives, Summary of Mitigation and Impacts, and Next Steps. The following written communication was received and distributed to the Commission prior to the meeting. A-4 5 PLANNING COMMISSION MINUTES August 13, 2018 NAME SUPPORT OPPOSE MEGAN KLEMPA X DALE HELVIG X MIKE TARDIF X BEA NUNEZ X SUSAN WESTROM X DEBORAH HICKS X RAYMOND SANDERS X FLOR BARAJAS TENA X TIM JOHNSON X Chair McLoughlin opened the Public Hearing. The following public comments were received. Dale Helvig commented on the Analysis of Alternatives; facts and analysis not included in the EIR; substantial evidence not included in the EIR; no other information provided on the Build-Out Alternative; information is misleading. Lisa Ganz commented on the cumulative impacts of other projects; some projects were omitted from the report; analysis of Cumulative Impact was not sufficient; project description and emissions report inaccurate; there are negative impacts on air quality; project is incompatible with neighborhood. Bill Bonnette commented on the parking shortage and air quality. Mark Angell commented on the water shortage. Darcie Cancino commented on traffic; report did not adequately address the impacts of traffic through the neighborhood. Patricia Coleman commented on the need for a geology report. Chair McLoughlin closed the Public Hearing. COMMENTS 3.STAFF COMMENTS: Planning Manager Neal Community meeting on the Red Oak Project on Wednesday at 6 p.m. at Latino Health Access. Community meeting on the Willowick Project on Thursday at 6 p.m. at Goodwill Industries. A-5 6 PLANNING COMMISSION MINUTES August 13, 2018 4.PLANNING COMMISSION MEMBER COMMENTS: Commissioner Alderete Thanked speakers. Commissioner Nguyen Requested that meeting be adjourned in honor of Senator John McCain. Chair McLoughlin Thanked speakers for comments. MEETING ADJOURNED IN HONOR OF SENATOR JOHN MCCAIN ADJOURNED – 8:33 P.M. - The next meeting of the Planning Commission is scheduled for Monday, September 24, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-6 1-1 1-2 1-3 1-4 1-5 This page left blank intentionally. 1-6 LS 9.24.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-04 FOR THE PROPOSED ANNEXATION OF A COUNTY ISLAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana (City) is requesting approval of General Plan Amendment No. 2018-04 to incorporate into the City’s various General Plan elements a 24.78-acre unincorporated area of land that is currently located within the County of Orange. B. Over the past several months, the County has been working with the developer of a proposed project at the northeast corner of Seventeenth Street and Tustin Avenue. This development has been unable to move forward due to the inability to connect to the City’s sewer system as they are currently located outside the City boundaries. C. On June 5, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider the annexation of the 24.78-acre County island generally located at the northeast corner of Seventeenth Street and Tustin Avenue. At this hearing, the Council directed staff to initiate the process to annex the County island and continue discussions with the County and the Orange County Local Agency Formation Commission (LAFCO) regarding the annexation. D. On September 14, 2018, the City, County of Orange, and the Orange County Local Agency Formation Commission held a duly noticed community workshop regarding the proposed annexation to obtain community input. E. On September 24, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt a EXHIBIT 1 1-7 resolution approving General Plan Amendment No. 2018-04. F. On October 16, 2018, 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. 2018-04 for the Seventeenth and Tustin annexation project, 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. G. Pursuant to the California Environmental Quality Act (Pub. Res. Code sec. 21000 et seq.; “CEQA”), and the State CEQA Guidelines, the City has determined that a Categorical Exemption will be filed for the proposed project. H. General Plan Amendment No. 2018-04 has been filed to amend the General Plan to change the land use designation of certain parcels located in the Seventeenth and Tustin County island boundaries. The proposed land use designations will be consistent with the current land uses and proposed prezoning designations of the annexation project area. The amendments will designate properties located in the annexation area as Low-Density Residential (LR-7), Medium-Density Residential (MR-15), or General Commercial (GC) as shown on Exhibit A, attached hereto and incorporated herein by reference. I. The City Council has weighed and balanced the General Plan’s policies, both old and new, and has determined that based upon this balancing that General Plan Amendment No. 2018-04 is consistent with the purpose of the General Plan. Section 2. CEQA Compliance. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a categorical exemption will be filed for this project pursuant to section 15319. This Class 19 exemption applies to projects involving annexation of existing facilities and lots for exempt facilities. The proposed annexation area is developed to the density allowed by the current zoning or pre-zoning, with the extension of utility services having the capacity to serve only the existing facilities. 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 CEQA, a categorical exemption 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 fairly argued that the project will have a significant adverse effect on the environment therefore, it is categorically exempt from the requirement for the preparation of environmental documents. As a result, Environmental Review No. 2018-89 will be filed for this project 1-8 Section 3. Approvals. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2018-04. The amendments to the Land Use Element are attached hereto as Exhibit B 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 October 16, 2018 and exhibits attached thereto; 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. 2018-07) become 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 does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. This Resolution shall not be effective unless and until the Orange County Local Agency Formation Commission (LAFCO) passes a resolution adopting the annexation of the County island. If the resolution is 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 Resolution shall be null and void and have no further force and effect. ADOPTED this ___ day of ____________, 2018. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers _______________________________________ 1-9 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. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2018. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 1-10 Exhibit A: General Plan Amendments 1-11 This page left blank intentionally. 1-12 LS 9.24.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-07 PREZONING THE PROPERTIES LOCATED WITHIN AN UNINCORPORATED COUNTY ISLAND PROPOSED FOR ANNEXATION GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE 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. The City of Santa Ana (City) is requesting approval of Amendment Application No. 2018-07 to prezone the zoning designation of a 24.78-acre unincorporated area of land that is currently located within the County of Orange. B. Over the past several months, the County has been working with the developer of a proposed project at the northeast corner of Seventeenth Street and Tustin Avenue. This development has been unable to move forward due to the inability to connect to the City’s sewer system as they are currently located outside the City boundaries. C. General Plan Amendment No. 2018-04 was filed concurrently with the Amendment Application for consistency with the General Plan to incorporate into the City’s various General Plan elements. D. On September 24, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-07 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-04. E. The City Council has reviewed applicable general plan policies and has determined that this proposed prezoning is consistent with the purpose of the general plan. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on October 16, 2018. EXHIBIT 2 1-13 G. The City Council also adopts as findings all facts presented in the Request for Council Action dated October 16, 2018 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2018- 07 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing of the zoning districts has been 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 prezoning the real properties generally located at the northeast corner of Seventeenth Street and Tustin Avenue and Amended Sectional District Map number 4-5-9 showing the above described change in use district designation (AA No. 2018-07). This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for Planning Commission and Council Action dated September 24, 2018 and October 16, 2018, respectively and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a categorical exemption will be filed for this project pursuant to section 15319. This Class 19 exemption applies to projects involving annexation of existing facilities and lots for exempt facilities. The proposed annexation area is developed to the density allowed by the current zoning or pre- zoning, with the extension of utility services having the capacity to serve only the existing facilities. 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 CEQA, a categorical exemption 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 fairly argued that the project will have a significant adverse effect on the environment therefore, it is categorically exempt from the requirement for the preparation of environmental documents. As a result, Environmental Review No. 2018-89 will be filed for this project Section 4. The zoning designation of the real properties generally located within the 24.78-acre County island at the northeast corner of Seventeenth Street and Tustin Avenue shall be reclassified from the County’s Local Business (C-1) and Single- Family Dwellings (R-1) designations to Community Commercial (C1), Single- Family Residence (R-1) and Two-Family Residence (R-2). 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. This ordinance shall not be effective unless and until Resolution No. 2018-____ (Environmental Review No. 2018-89 and General Plan Amendment No. 1-14 2018-04) is adopted and becomes effective. If either resolution and/or 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 6. This ordinance shall not be effective unless and until the Orange County Local Agency Formation Commission (LAFCO) passes a resolution adopting the annexation of the County island. If the resolution is 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 sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. ADOPTED this ____ day of _____________, 2018. _______________________ 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 ___________________________________ 1-15 1-16 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 __________, 2018 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 1-17 This page left blank intentionally. 1-18 1-19 1-20 1-21 1-22 1-23 1-24 1-25 1-26 1-27 1-28 1-29 1-30 1-31 1-32 1-33 1-34 1-35 1-36 1-37 1-38 1-39 1-40 1-41 1-42 1-43 1-44 1-45 This page left blank intentionally. 2-1 2-2 2-3 2-4 2-5 2-6 2-7 This page left blank intentionally. 2-8 9/8/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 GPA No. 2018-05, AA No. 2018-08, VAR No. 2018-10, CUP No. 2018-18"Tustin Avenue Commercial Development" - 301 & 325 North Tustin Avenue Exhibit 1 - Vicinity Zoning & Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2-9 LS 9.24.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2016-156 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO GENERAL PLAN AMENDMENT NO. 2018-05, AMENDMENT APPLICATION NO. 2018-08, CONDITIONAL USE PERMIT NO. 2018-18 AND VARIANCE NO. 2018-10 FOR THE PROJECT LOCATED AT 301 AND 325 N. TUSTIN AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant, Richard Finkel, representing Russell Fischer Partnership LLC, is requesting approval of General Plan Amendment No. 2018-05, Amendment Application No. 2018-08, Conditional Use Permit No. 2018-18 and Variance No. 2018-10 in order to facilitate construction of a new multi-tenant commercial building with ancillary drive-through service at 301 North Tustin Avenue and a service station at 325 North Tustin Avenue. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less-than-significant level. D. The City of Santa Ana prepared a Mitigated Negative Declaration (MND), Environmental Review No. 2016-156 for the proposed project which reflects the City’s independent judgement and analysis as lead agency for the project. The Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address cultural resources, hazards, and tribal and cultural resources. EXHIBIT 2 2-10 E. On August 13, 2018, Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2016-156 was published in the OC Register newspaper, circulated to interested parties, and the State Clearinghouse. F. The documents related to the Mitigated Negative Declaration were made available for a 30-day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City’s website. G. Comments received were addressed in a Response to Comments document that provides sufficient information to demonstrate that the environmental conclusions and mitigation measures remain valid as disclosed in the Mitigated Negative Declaration. H. The mitigation measures set forth in Mitigated Negative Declaration are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. I. On September 24, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt Mitigated Negative Declaration, Environmental Review No. 2016-156 and the related Mitigation Monitoring and Reporting Program for the project. J. On October 16, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Mitigated Negative Declaration, Environmental Review No. 2016-156, and the related Mitigation Monitoring and Reporting Program for the project, 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. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration, Environmental Review No. 2016-156, 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, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. The City Council hereby adopts and approves the MND and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in 2-11 the manner required by law. 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 October 16, 2018, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. 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 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 ____ day of ________, 2018. _______________________ Miguel A. Pulido Mayor 2-12 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. 2018-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2018. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 2-13 EXHIBIT A Mitigation Monitoring and Reporting Program 2-14 Mitigation Monitoring and Reporting Program Tustin Avenue Retail Project MND SCH# 2018081033 City of Santa Ana 2-15 MITIGATION MONITORING AND REPORTING PROGRAM 1 Mitigation Monitoring and Reporting Program Authority and Purpose Pursuant to, and in accordance with California Public Resources Code, Section 21081.6 (AB 3180), a mitigation monitoring and reporting program for the City of Santa Ana’s Tustin Avenue Retail Project Mitigated Negative Declaration (MND) SCH# 2018081033 has been prepared. The purpose of this Mitigation Monitoring and Reporting Program (MMRP) is to ensure compliance with and effectiveness of the mitigation measures set forth in the Tustin Avenue Retail Project MND. Section 15074(d) of the CEQA Guidelines states that, when adopting a mitigated negative declaration, the lead agency shall adopt a program for reporting on or monitoring the changes that it has either required in the project or made a condition of approval to reduce or avoid significant environmental effects. Section 21081.6 of the Public Resources Code and Section 15097 of the CEQA Guidelines require a public agency to adopt a mitigation monitoring and reporting program for assessing and ensuring the implementation of required mitigation measures applied to proposed projects. Monitoring Program List of Mitigations The City of Santa Ana’s Mitigation Monitoring and Reporting Program for the Tustin Avenue Retail Project consists of a list of mitigation conditions and/or verifications required for incremental implementation of the project. The following provides information regarding the purpose and procedures for each individual significant impact and related mitigation measures. For each significant impact and corresponding set of mitigation measures, the party responsible for mitigation implementation and monitoring is identified. The required timing for implementation of each measure is also specified. 2-16 MITIGATION MONITORING AND REPORTING PROGRAM 2 Mitigation Monitoring and Reporting Program Impacts Required Mitigation Measures Implementation V. Cultural Resources Items (b) and (c) The Tustin Avenue Retail Development Project site will be graded prior to construction, and if during grading, it is revealed that previously unidentified archaeological, paleontological or geologic deposits exist, an expert appropriate to the nature of the find must be afforded the opportunity to evaluate any additional finds and to complete an analysis in accordance with CEQA guidelines, as amended. MM CR-1: Should previously unidentified historical, archaeological or paleontological resources be uncovered during the course of construction, grading/construction shall be halted in the area of concern so that the findings can be assessed. If it is determined that more formal data collection is needed, a controlled excavation shall be required to adequately record the find and recover the associated materials in accordance with CEQA guidelines, as amended. Excavating the materials in this controlled manner will minimize the risk of any resources being lost, damaged or destroyed. Implementing Entity: Project applicant/ developer and cultural resources expert Monitoring Agency: City of Santa Ana Planning and Building Agency Timing: Grading/construction phase MM CR-2: Prior to the start of construction, the project developer shall retain a Native American Monitor to conduct a Native American Indian Sensitivity Training for construction personnel prior to commencement of any excavation activities. The training session shall include a handout and focus on how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered, the duties of the Native American Monitor and the general steps the Monitor would follow in conducting a salvage investigation. The project developer shall retain a Native American Monitor to be on-site during all project-related, ground-disturbing construction activities (e.g., pavement removal, auguring, boring, grading, excavation, potholing, trenching, and grubbing) of previously undisturbed native soils. Implementing Entity: Project applicant/ developer and Native American Monitor Monitoring Agency: City of Santa Ana Planning and Building Agency and Native American tribal group(s) Timing: Grading/construction phase 2-17 MITIGATION MONITORING AND REPORTING PROGRAM 3 Mitigation Monitoring and Reporting Program Impacts Required Mitigation Measures Implementation V. Cultural Resources (Cont.) Item (d) If future activities in project site adversely impact previously unidentified cultural resources, including burial sites or sacred lands, an archaeologist will be afforded the opportunity to evaluate any additional finds and to complete an analysis in accordance with CEQA guidelines, as amended. MM CR-3: Any future development that occurs as a result of the proposed project will be subject to the provisions of Section 7050.5 of the California Health and Safety Code. Section 7050.5 requires the contractor to notify the County Coroner if suspected human remains are uncovered. The Coroner will then determine whether the remains are of forensic interest. If the Coroner, with the aid of a supervising archaeologist, determines that the remains are or appear to be of a Native American individual, he/she would contact the Native American Heritage Commission for further investigations and proper recovery of such remains, if necessary. Implementing Entity: Project applicant/developer, County Coroner, qualified archaeologist Monitoring Agency: City of Santa Ana Planning and Building Agency and the Native American Heritage Commission Timing: Grading/construction phase 2-18 MITIGATION MONITORING AND REPORTING PROGRAM 4 Mitigation Monitoring and Reporting Program Impacts Required Mitigation Measures Implementation VIII. Hazards and Hazardous Materials Items (a), (b), and (c) Due to the age of the existing building, there is a potential that asbestos containing materials (ACM) and, perhaps, lead- base paint (LBP) may be present. Exposure to either ACM or LBP may expose construction workers and people in the vicinity of the project site to potential health risks. MM HAZ-1 Asbestos Abatement. Prior to any demolition, a thorough asbestos survey is required in accordance with the EPA and SCAQMD Rule 403. All onsite structures that contain asbestos must have the ACM removed according to proper abatement procedures recommended by the asbestos consultant and as required by the SCAQMD. All abatement activities shall be in compliance with California and Federal OSHA, and with the SCAQMD requirements. Only asbestos trained and certified abatement personnel shall be allowed to perform asbestos abatement. All ACM removed from onsite structures shall be transported by a licensed to handle ACM and disposed of at a licensed receiving facility and under proper manifest. Following completion of the asbestos abatement, the asbestos consultant shall provide a report documenting the abatement procedures used, the volume of ACM removed, where the material was disposed. This report shall include transportation and disposal manifests or dump tickets. The abatement report shall be prepared for the property owner or other responsible party, with a copy submitted to the SCAQMD and the City of Santa Ana. Implementing Entity: Project applicant/ developer and Certified Asbestos Consultant Monitoring Agency: City of Santa Ana Planning and Building Agency (Building Safety Division) and the South Coast Air Quality Management District (SCAQMD) Timing: Prior to demolition phase 2-19 MITIGATION MONITORING AND REPORTING PROGRAM 5 Mitigation Monitoring and Reporting Program Impacts Required Mitigation Measures Implementation VIII. Hazards and Hazardous Materials (Cont.) Due to the age of the existing building, there is a potential that asbestos containing materials (ACM) and, perhaps, lead- base paint (LBP) may be present. Exposure to either ACM or LBP may expose construction workers and people in the vicinity of the project site to potential health risks. MM HAZ-2 Asbestos Notification. SCAQMD Rule 1403 establishes notification and work practice requirements to limit asbestos emissions from building demolition and renovation activities. State law requires that a copy of the asbestos demolition notification form be provided to Building and Safety personnel prior to the issuance of a demolition permit. Local governments are responsible for the asbestos notification process. Implementing Entity: Project applicant/ developer and City of Santa Ana Planning and Building Agency (Building Safety Division) Monitoring Agency: City of Santa Ana Planning and Building Agency (Building Safety Division) and the South Coast Air Quality Management District (SCAQMD) Timing: Prior to and during demolition/ construction phase MM HAZ-3 Lead Based Paint Removal. Prior to the issuance of a permit for demolition of any structure, a licensed LBP professional shall be contracted to evaluate the structure for LBP. If LBP is discovered, it shall be removed according to proper abatement procedures recommended by the consultant and in accordance with SCAQMD, State of California and Federal requirements. Only LBP trained and certified abatement personnel shall be allowed to perform abatement activities. All LBP removed from these structures shall be hauled and disposed of by a transportation company licensed to transport this type of material. In addition, the material shall be taken to a landfill or receiving facility licensed to accept the waste. Following completion of the LBP abatement, the LBP consultant shall provide a report documenting the abatement procedures used, the volume of LBP removed, where the material was moved to, and include transportation and disposal manifests or dump tickets. The abatement report shall be prepared for the property owner or other responsible party, with a copy submitted to the SCAQMD and the City of Santa Ana. Implementing Entity: Project applicant/developer and licensed Lead Based Paint consultant Monitoring Agency: City of Santa Ana Planning and Building Agency (Building Safety Division) and the South Coast Air Quality Management District (SCAQMD) Timing: Prior to and during demolition phase 2-20 MITIGATION MONITORING AND REPORTING PROGRAM 6 Mitigation Monitoring and Reporting Program Impacts Required Mitigation Measures Implementation XVII. Tribal Cultural Resources Please refer to Impacts in previous section V. Cultural Resources, Items (b), (c), and (d). Please refer to MM CR-2 and MM CR-3 in section V. Cultural Resources, Items (b), (c), and (d). Please refer to Implementation in previous section V. Cultural Resources, Items (b), (c), and (d). 2-21 Resolution No. 2018-xx Page 1 of 5 LS 9.24.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-05 FOR THE PROPERTIES LOCATED AT 301 NORTH TUSTIN AVENUE, 431 NORTH TUSTIN AVENUE AND 2321 EAST FOURTH 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. Richard Finkel (Applicant), representing Russell Fischer LP, is requesting approval of General Plan Amendment No. 2018-05 to amend the General Plan land use designation of the property at 301 North Tustin Avenue from Professional & Administrative Office (PAO) to General Commercial (GC) and to update text portions of the City’s Land Use Element to reflect this change in order to facilitate construction of a new multi-tenant commercial building with ancillary drive-through service at 301 North Tustin Avenue and a service station at 325 North Tustin Avenue. B. In addition, the City of Santa Ana is proposing to change the land use designation of the properties at 431 North Tustin Avenue and 2321 East 4th Street from Professional and Administrative Office (PAO) to General Commercial (GC) and to update text portions of the City’s Land Use Element to reflect this change. C. On June 12, 2018, pursuant to Senate Bill 18 and Assembly Bill 52, the City mailed consultation letters to all tribes listed on the Native American Heritage Commission (NAHC) Tribal Consultation List. D. On September 24, 2018, 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. 2016-156 and approve General Plan Amendment No. 2018-05. E. On October 16, 2018, 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. 2018-05, 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. EXHIBIT 3 DRAFT 2-22 Resolution No. 2018-xx Page 2 of 5 F. General Plan Amendment No. 2018-05 has been filed to amend the General Plan to change the land use designation of the property at 301 North Tustin Avenue from Professional and Administrative Office (PAO) to General Commercial (GC). In addition, the City of Santa Ana is proposing to change the land use designation of the properties at 431 North Tustin Avenue and 2321 East 4th Street from Professional and Administrative Office (PAO) to General Commercial (GC) and to update text portions of the City’s Land Use Element to reflect this change. 1. The existing General Plan land use designation for the project area is Professional & Administrative Office (PAO) which are typically in areas that are in close proximity to freeways allow for professional and/or administrative offices, with floor area ratio intensity ranges from 0.5 to 1.0. 2. The proposed General Plan land use designation for the project area is General Commercial (GC) which applies to commercial corridors and major arterial roadways in the City, allows for facilities and services including shopping, recreation, cultural and entertainment activities and the floor area ratio intensity ranges from 0.5 to 1.0. 3. The general plan amendment will support several goals and policies of the General Plan, including the Land Use Element, Economic Development Element, Circulation Element, and Urban Design Element. In specific, General Plan Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Policy 1.10 to encourage the location of commercial centers at arterial roadway intersections in commercial districts. Land Use Element Goal 2 to promote land uses that enhance the City’s economic and fiscal viability. Policy 2.4 supporting pedestrian access with an enhanced pedestrian walkway. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. Policy 2.9 supporting developments that create a business environment that is safe and attractive. Policy 5.5 to encourage development that is compatible with and supporting of surrounding land uses. The commercial center and its operations are compatible with the surrounding commercial and professional businesses. Economic Development Goal 2 to maintain and enhance the diversity of the City’s economic base. Specifically, Policy 2.3 to encourage the development of mutually beneficial and supportive business clusters within the community. Economic Development Goal 4 to expand the tax base of local government to improve and maintain the level of public services. Policy 4.1 to target business attraction and retention resources towards firm with high positive net revenue implications for local government, particularly those engaged in business-to-business taxable sales transactions. DRAFT 2-23 Resolution No. 2018-xx Page 3 of 5 Circulation Element Goal 2 to promote design and construction that facilitates safe utilization of the City’s transportation system. Policy 2.1 to limit the number of driveways on arterial streets to reduce vehicular conflict, and facilitate traffic flow. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to include enhanced architectural forms, textures, colors, and materials are expected in the design of all projects and Policy 1.6 to include plazas, open spaces, and courtyards connecting to public right-of-way to encourage public interaction. G. The City Council has weighed and balanced the General Plan’s policies, and has determined that based upon this balancing that General Plan Amendment No. 2018-05 is consistent with the purpose of the general plan. 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 301, 325 and 401 North Tustin Avenue and 2320 East Fourth Street and Amended Sectional District Map number 9-5-9 showing the above described change in use district designation (AA No. 2018-08). This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission and Council Action dated September 24, 2018 and October 16, 2018, respectively 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 initial study and the mitigated negative declaration (MND), Environmental Review No. 2016-156, 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, the 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 fairly argued that the project will have a significant adverse effect on the environment Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2018-05. 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 October 16, 2018, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. DRAFT 2-24 Resolution No. 2018-xx Page 4 of 5 Section 5. This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 2018-08) 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 does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 6. 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 7. 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 ____ day of ________, 2018. _______________________ 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 _______________________________________ DRAFT 2-25 Resolution No. 2018-xx Page 5 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2018. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana DRAFT 2-26 City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997- 05): GPA 2018-05 (Pending) GPA 2018-02 (May 15, 2018) GPA 2015-01 (May 15, 2018) GPA 2017-02 (December 19,2017) GPA 2017-01 (June 20, 2017) GPA 2016-03 (February 21, 2017) GPA 2016-02 (May 17, 2016) GPA 2016-01 (April 19, 2016) GPA 2015-03 (February 2, 2016) GPA 2014-02 (October 21, 2014) GPA 2014-01 (June 3, 2014) GPA 2011-03 (March 19, 2012) GPA 2011-02 (June 6, 2011) GPA 2010-01 (June 7, 2010) GPA 2008-02 (July 20, 2009) GPA 2007-03 (May 18, 2009) GPA 2008-01 (May 5, 2008) GPA 2004-03 (February 2, 2009) GPA 2007-02 (June 18, 2007) GPA 2007-01 (March 19, 2007) GPA 2006-01 (October 2, 2006) GPA 2005-01 (December 5, 2005) GPA 2005-02 (October 17, 2005) GPA 2004-01 (April 5, 2005, as passed by the voters of Santa Ana) GPA 2004-04 (July 19, 2004) GPA 2004-06 (July 6, 2004) GPA 2003-02 (June 16, 2003) GPA 2003-01 (February 18, 2003) GPA 2002-01 (September 3, 2002) GPA 2002-03 (August 19, 2002) GPA 2001-03 (February 19, 2002) GPA 2001-02 (January 7, 2002) GPA 2000-09 (May 7, 2001) GPA 2000-08 (February 5, 2001) GPA 2000-03 (December 4, 2000) GPA 2000-02 (November 20, 2000) GPA 1999-02 (October 18, 1999) GPA 1999-01 (August 16, 1999) GPA 1998-04 (October 5, 1998) GPA 1998-05 (September 21, 1998) GPA 1998-01 (May 4, 1998) 2-27 LAND USE ELEMENT CITY OF SANTA ANA GENERAL PLAN 17 Exhibit 2 Land Use Plan 2-28 LAND USE ELEMENT CITY OF SANTA ANA GENERAL PLAN A-17 Exhibit A-4 Land Use Plan & Development Intensity Standards/FAR 2-29 LAND USE ELEMENT A-20 CITY OF SANTA ANA GENERAL PLAN Commercial The Land Use Plan identifies three land use designations that encourage a variety of office, retail and commercial enterprises to serve the community.  The Professional/Administrative Office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions of east and west Seventeenth Street. A total of 612.4 609.6 acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office-related uses is to encourage major employment centers at locations which significantly lessen the impact to the City ’s local street system. The First Street/Tustin Avenue office corridor between the Santa Ana (I-5) and Costa Mesa (SR-55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City ’s functional role as the government center of the County. The types of uses typically located in the PAO district include the following:  Professional and administrative offices/office parks;  Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and  Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. 2-30 LAND USE ELEMENT CITY OF SANTA ANA GENERAL PLAN A-21  The General Commercial (GC) district applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 -1.0, though most General Commercial districts have a FAR of 0.5. A total of 885.8 888.7 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City ’s arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are:  Business and professional offices;  Retail and service establishments;  Recreational, cultural, and entertainment uses; and  Vocational schools. General Commercial Districts have a floor area ratio of 0.5 with the exception of the Mid-town area which has an floor area ratio of up to 1.0.  One Broadway Plaza District Center is a separate land use designation as it has an F.A.R. of 2.9, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component. One Broadway Plaza is envisioned as a landmark professional office complex that will be a focal point in the Downtown Redevelopment area serving the Civic Center complex, Downtown, and Midtown urban areas. The City’s District Centers and major development areas are shown in Exhibit A-5. 2-31 LAND USE ELEMENT CITY OF SANTA ANA GENERAL PLAN A-35 Table A-4 Land Use Plan Build-out Capacities Land Use Acres Intensity/ Density Standards Effective Buildout1 Theoretical Buildout Residential Low Density Residential LR-7 6,456.9 7 du/ac 45,198 du Low Medium Density Residential LMR-11 420.6 11 du/ac 4,627 du Medium Density Residential MR-15 370.1 15 du/ac 5,551du Subtotal 7,267.6 95,844 du1 55,624 du Mixed Use Non Res. Res. Non-Res. Res. District Center Other2 DC 309.5 90 du /ac FAR 1.0-2.0 11,955,583 sf 3,017 du 23,764,534 sf 3,017 du Heritage DC 18.8 FAR 1.7 54,090 sf 1,221 du 54,090 sf 1,221 du Downtown DC 62.5 FAR 3.0 2,057,824 sf 1,661 du 2,057,824 sf 1,661 du Metro East DC 98.3 FAR 3.0 3,245,185 sf 5,551 du 3,245,185 sf 5,551 du Transit Village DC 51.4 FAR 5.0 402,864 sf 2,761 du 402,864 sf 2,761 du Harbor Corridor DC 125.0 FAR 5.0 1,836,155 sf 2,029 du 1,836,155 sf 2,029 du Urban Neighborhood UN 276.9 FAR 0.5-3.0 876,546 sf 5,016 du 876,546 sf 5,016 du Subtotal 944.6 20,428,42 sf 21,256 du 32,237,371 sf 21,256 du Commercial Professional & Admin. Office PAO 612.4 609.6 FAR 0.5-1.0 13,338,072 13,275,999 sf 26,676,144 26,551,998sf General Commercial GC 885.8 888.7 FAR 0.5-1.0 19,291,724 19,354,797sf 38,585,448 38,709,594sf One Broadway Plaza District Ctr3 OBPDC 4.3 FAR 2.9 543,193 sf 543,193 sf Subtotal 1,502.5 33,173,989 sf 65,804,785 sf Industrial Industrial IND 2,152.8 FAR 0.45 42,199,991 sf 42,199,991 sf Other Institutional INS 800.6 FAR 0.2-0.5 6,974,740 sf 17,436,850 sf Open Space OS 1,010.9 FAR 0.2 8,806,961 sf 8,806,961 sf Subtotal 1,811.5 15,781,701 sf 26,243,811 sf FAR=floor area ratio; d.u.=dwelling unit; s.f.=square feet (of floor area). Acreage shown in table does not include roads in right-of-way. 1 Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mixture of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21,256 units possible in the District Center and Urban Neighborhood with the existing 74,588 (Census 2000) housing units. 2 Land use designation permits both residential and non-residential development. Build-out assumes 90% of land area will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project intended for continuum of care and housing seniors. 3 Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS Land Use Map illustrated in Exhibit 2. Notes: This table has been revised to correspond with the GIS Land Use Map illustrated in Exhibit 2. FAR - floor area ratio, d.u. -dwelling units, s.f. -square feet (of floor area). Acreage shown in table does not include roads in right-of-way. 1 Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center. Residential effective capacity was calculated by adding the 8,783 units possible in the District Center with the existing 74,588 (Census 2000) housing units. 2 The Metro East District Center allows a range of intensity for mixture of residential and commercial development based on the Metro East Mixed Use Overlay Zone development standards. 2-32 Ordinance No. NS-XXXX Page 1 of 4 LS 9.24.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-08 REZONING THE PROPERTIES LOCATED AT 301 NORTH TUSTIN AVENUE, 325 NORTH TUSTIN AVENUE, 401 NORTH TUSTIN AVENUE, AND 2320 EAST FOURTH STREET FROM THE PROFESSIONAL (P) TO THE GENERAL COMMERCIAL (C2) ZONING DISTRICT 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. Richard Finkel (Applicant), representing Russell Fischer LP, has filed Amendment Application No. 2018-08 with the City of Santa Ana to change the zoning designation of the parcels located at 301 and 325 North Tustin Avenue from Professional (P) to General Commercial (C2) in order to facilitate construction of a new multi-tenant commercial building with ancillary drive-through service at 301 North Tustin Avenue and a service station at 325 North Tustin Avenue. B. In addition, the City of Santa Ana is proposing to amend the zoning designation of 401 North Tustin Avenue and 2320 East Fourth Street from Professional (P) to General Commercial (C2). C. General Plan Amendment No. 2018-05 was filed concurrently with the Amendment Application for consistency with the General Plan. D. On September 24, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2018-08 which is consistent with the General Plan, as amended by General Plan Amendment No. 2018-05. E. 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. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on October 16, 2018. EXHIBIT 4 DRAFT 2-33 Ordinance No. NS-XXXX Page 2 of 4 G. The City Council also adopts as findings all facts presented in the Request for Council Action dated October 16, 2018 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2018- 08 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing 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 301, 325 and 401 North Tustin Avenue and 2320 East Fourth Street and Amended Sectional District Map number 9-5-9 showing the above described change in use district designation (AA No. 2018-08). This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission and Council Action dated September 24, 2018 and October 16, 2018, respectively 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. 2016-156) 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- 156 meets all the requirements of CEQA. Section 4. The zoning designation of the real properties located at 301 North Tustin Avenue, 325 North Tustin Avenue, 401 North Tustin Avenue and 2320 East Fourth Street is hereby reclassified from Professional (P) to General Commercial (C2). 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 6. This ordinance shall not be effective unless and until Resolution No. 2018- (Environmental Review No. 2016-156 and General Plan Amendment No. 2018-05) is adopted and becomes effective. If either resolution and/or 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, DRAFT 2-34 Ordinance No. NS-XXXX Page 3 of 4 sentence, clause, phrase or portion thereof irrespective of the fact that any one or more 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 ________, 2018. _______________________ 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 ___________________________________ DRAFT 2-35 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 _____________, 2018 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 DRAFT 2-36 17TH ST 4TH ST IRVINE BLVD T U S T I N A V TU S T I N A V DI A N N E S T CA R D I F F CT SO U T H H A M P T O N C T NE W C A S T L E C T OL D TU S T I N AV G O L D E N C I R C L E D R FRUIT ST KRISTI LN WELLINGTON AV 14TH ST WI L L I A M S S T 16TH ST DA Y N A S T G O L D E N C I R C L E D R 6TH ST MI R A S O L S T B ARCLAYCT BARCL A YCT G O L D E N CIRCLE D R GOLDEN C I R C L E D R E T O N C T P A R K C E N T E R D R R1-B C1 C1 C2 C2 C5 C5 C5 O P P P P R1 R1 R1R1R1 R4 R4 R4-PRD R4-PRD P/OZ1 P/OZ1 P/OZ1 P/OZ1 P/OZ1 P/OZ1 N/A N / A N / A 4-5-9 N / A N / A 4-5-9 4 - 5 - 9 8- 5 - 9 N/A 8 - 5 - 9 8- 5 - 9 Exhibit: Print Date: 06/06/18 Sectional District Map: 9-5-9 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 2-37 Resolution No. 2018-xx Page 1 of 8 LS 9.24.18 RESOLUTION NO. 2018-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant, Richard Finkel, representing Russell Fischer LP, is requesting approval of Conditional Use Permit No. 2018-18 to allow drive-through window service for a restaurant use in the General Commercial (GC) zoning district at 301 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-377.5 (a) and Section 41- 365.5 (e) require approval of a conditional use permit for eating establishments with drive-through window service. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project to as set forth by the Santa Ana Municipal Code. D. On September 24, 2018, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2018-18. E. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Conditional Use Permit No. 2018-18, for drive-through window service, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed eating establishment with drive-through window service will provide a service to persons that are working or residing in the area. The drive-through lane will support the eating establishment and allow for a variety of service uses to be provided on-site within the multi-tenant building. The site A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-18 AS CONDITIONED TO ALLOW A DRIVE-THROUGH FOR THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE EXHIBIT 5 2-38 Resolution No. 2018-xx Page 2 of 8 will be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, an outdoor dining area, and an enhanced pedestrian walkway with landscaping and seating areas contributing to the aesthetics of the area. 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 drive-through will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed so the multi-tenant building is the primary view from the street and the drive- through lane meets the City’s stacking requirements and provides for queuing of approximately 15 vehicles. In addition, the drive-through lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. The menu board and speaker will be oriented towards the SR-55 freeway to reduce any noise impacts to the nearby commercial uses. In addition, there are no nearby sensitive (residential) land uses. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The drive-through will not adversely affect the economic stability or future economic development of properties in the surrounding area. Since 1965, the property has been a restaurant use. The site will be redeveloped with a new building with a contemporary design and water efficient landscaping. An eating establishment with drive-through service will provide an additional service and eating opportunities for the area and will provide a commercial business that will generate sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 2-39 Resolution No. 2018-xx Page 3 of 8 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 eating establishment with drive-through service will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such multi-tenant buildings with retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs, specifically Policy 1.10 to encourage the location of commercial centers at arterial roadway intersections in commercial districts. Land Use Element Goal 2 to promote land uses that enhance the City’s economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The drive-through will contribute to the viability of the commercial center in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The Condition of Approval for property maintenance will maintain a safe and attractive environment in the community. Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The commercial center and its operations are compatible with the surrounding commercial and professional businesses. Economic Development Goal 2 to maintain and enhance the diversity of the City’s economic base. Policy 2.3 to encourage the development of mutually beneficial and supportive business clusters within the community. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects and Policy 1.6 to include plazas, open spaces, and courtyards connecting to public right-of-way to encourage public interaction. Section 2. Mitigated Negative Declaration (Environmental Review No. 2016- 156) and a Mitigation Monitoring and Reporting Program was prepared with respect to this project. The Planning Commission 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 2-40 Resolution No. 2018-xx Page 4 of 8 CEQA Guidelines, Environmental Review No. 2016-156 meets all the requirements of CEQA and recommends City Council approval. Section 3. Conditional Use Permit No. 2018-18 shall not be effective until the City Council reviews and approves the Mitigated Negative Declaration Environmental Review No. 2016-156, General Plan Amendment No. 2018-05 and Amendment Application No. 2018-08. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 4. The Applicant 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 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-18, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 301 North Tustin Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 24, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of September, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 2-41 Resolution No. 2018-xx Page 5 of 8 By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 24, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 2-42 Resolution No. 2018-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-18 Conditional Use Permit No. 2018-18 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2016- 45) and the staff report exhibits. 2. The Applicant shall comply with the Mitigation Measures within the Mitigation Monitoring and Reporting Program prepared for the project. 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. Prior to the issuance of a building permit, a reciprocal access and parking agreement shall be approved as to form by the City Attorney & Planning Manager and recorded against the property. 5. Prior to the issuance of a building permit, a landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City’s Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: 2-43 Resolution No. 2018-xx Page 7 of 8 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 2-44 Resolution No. 2018-xx Page 8 of 8 (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. The site plan shall include all improvements as indicated in the Site Plan Review (DP No. 2016-45) plans dated July 6, 2018. 2. The site plan shall depict and note all easements listed in the title reports for both properties, with Assessor Parcel Number 400-032-02 and 400-032-03. 3. The site plan shall depict all public utilities. 4. Any mitigation measure identified in the Traffic Impact Analysis study shall be depicted and noted on the site plan prior to approval. 5. The site plan shall depict and note a 15 foot by 15 foot sight distance triangle at all driveway entrances. 6. The site plan shall depict and note a 25 foot by 25 foot site distance triangle at all street corners. 7. Separate public water meters shall be installed for individual commercial areas and irrigation systems. The site plan shall have a note for the reviewer indicating so and depict all improvements. 8. A public sewer main shall be constructed along Fourth Street to accommodate the sewer discharge needs of the project. The size, location and limits are to be determined during plan check, including size and location of sewer laterals. The site plan shall have a note for the reviewer indicating so and depict all improvements. 2-45 Resolution No. 2018-xx Page 1 of 7 LS 9.24.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2018-10 AS CONDITIONED TO ALLOW FOR REDUCED YARDS FOR A SERVICE STATION AT 325 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant, Richard Finkel, representing Russell Fischer LP, is requesting approval of Variance No. 2018-10 as conditioned, to allow for reduced front and street side yards for a service station and convenience store at 325 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Sections 41-368 and 41-380 require a 15 foot minimum front yard and Sections 41-369 and 41-381 require a 15 foot minimum street side yard. The Applicant is proposing front and side yards that are 5 feet, 6 inches. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the Santa Ana Municipal Code. D. On September 24, 2018, the Planning Commission held a duly noticed public hearing for Variance No. 2018-10. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2018-10, for reduced yards, have been established as required by SAMC Section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property being a corner lot, required street dedications, the proposed use and existing on-site improvements. An 8-foot dedication is required along Fourth Street and a 2-foot dedication is required along Tustin Avenue therefore reducing the usable EXHIBIT 6 2-46 Resolution No. 2018-xx Page 2 of 7 size of the property. Furthermore, the site is a corner lot which requires yards on both street frontages which further compromises the developable area. In addition, the Applicant is proposing to use the existing underground storage tanks that are already on site. In order to prevent traffic disruption to the public streets and sidewalks, tanker trucks fill storage tanks by parking on the property, these trucks require a large turning radius and due to the existing location of the underground tanks a 15-foot setback would not allow for a tanker truck to circulate on-site. Relocating the underground storage tanks would be a significant financial burden to the property owner. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. A service station is a permitted use in the General Commercial zone. The property is currently a service station, car wash and convenience store with minimal landscaping. The proposed development will have more landscaping than what is currently on site and will allow for continued operations. Approving a variance for reduced landscape setbacks would allow the property owner to make building improvements to the site and continue the service station use. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The proposed project will eliminate the car wash operations and reduce the number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for reduced yards will not adversely affect the General Plan. General Plan Amendment No. 2018-05 will amend the land use designation for the subject property to General Commercial (GC) which allows service stations and commercial uses. The project is consistent with several goals and policies of the General Plan, including the Circulation Element, Economic Development Element, Land Use 2-47 Resolution No. 2018-xx Page 3 of 7 Element, and Urban Design Element. Land Use Element Goal 2, to promote land uses that enhance the City’s economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The condition of approval for property maintenance will maintain a safe and attractive environment in the community. Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The service station and its operations are compatible with the surrounding commercial and professional businesses. Economic Development Goal 2 to maintain and enhance the diversity of the City’s economic base. Policy 2.3 to encourage the development of mutually beneficial and supportive business clusters within the community. Circulation Element Goal 2 to promote design and construction that facilitates safe utilization of the City’s transportation system. Policy 2.1 to limit the number of driveways on arterial streets to reduce vehicular conflict, and facilitate traffic flow. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to include enhanced architectural forms, textures, colors, and materials are expected in the design of all projects. Section 2. Mitigated Negative Declaration (Environmental Review No. 2016- 156) and a Mitigation Monitoring and Reporting Program was prepared with respect to this project. The Planning Commission 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. 2016-156 meets all the requirements of CEQA and recommends City Council approval. Section 3. Variance No. 2018-10 shall not be effective until the City Council reviews and approves the Mitigated Negative Declaration Environmental Review No. 2016-156, General Plan Amendment No. 2018-05 and Amendment Application No. 2018- 08. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 4. 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 5. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2018-10 as conditioned in Exhibit A, 2-48 Resolution No. 2018-xx Page 4 of 7 attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 24, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of September, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 24, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 2-49 Resolution No. 2018-xx Page 5 of 7 EXHIBIT A Conditions of Approval for Variance No. 2018-10 Variance No. 2018-10 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2016- 45) and the staff report exhibits. 2. The Applicant shall comply with the Mitigation Measures within the Mitigation Monitoring and Reporting Program prepared for the project. 3. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 4. Prior to the issuance of a building permit a reciprocal access and parking agreement shall be approved by the City Attorney & Planning Manager and recorded to the property. 5. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City’s Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: 2-50 Resolution No. 2018-xx Page 6 of 7 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 2-51 Resolution No. 2018-xx Page 7 of 7 II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. The site plan shall include all improvements as indicated in the Site Plan Review (DP No. 2016-45) plans dated July 6, 2018. 2. The site plan shall depict and note all easements listed in the title reports for both properties, with Assessor Parcel Number 400-032-02 and 400-032-03. 3. The site plan shall depict all public utilities. 4. Any mitigation measure identified in the Traffic Impact Analysis study shall be depicted and noted on the site plan prior to approval. 5. The site plan shall depict and note a 15 foot by 15 foot sight distance triangle at all driveway entrances. 6. The site plan shall depict and note a 25 foot by 25 foot site distance triangle at all street corners. 7. Separate public water meters shall be installed for individual commercial areas and irrigation systems. The site plan shall have a note for the reviewer indicating so and depict all improvements. 8. A public sewer main shall be constructed along Fourth Street to accommodate the sewer discharge needs of the project. The size, location and limits are to be determined during plan check, including size and location of sewer laterals. The site plan shall have a note for the reviewer indicating so and depict all improvements. 2-52 MITIGATED NEGATIVE DECLARATION The Draft Mitigated Negative Declaration (MND), Mitigation Monitoring and Reporting Program and Technical Appendices are available at the following locations: Online: santa-ana.org/pba/planning/RussellFischerCommercialCenter.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 TUSTIN AVENUE RETAIL DEVELOPMENT MITIGATED NEGATIVE DECLARATION EXHIBIT 7 2-53 2 - 5 4 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc i TABLE OF CONTENTS SECTION PAGE 1.0 Introduction ................................................................................................................................. 1 1.1 Scope of Work ...................................................................................................................... 1 1.2 Study Area ............................................................................................................................ 2 2.0 Project Description ..................................................................................................................... 3 2.1 Site Access ............................................................................................................................ 3 3.0 Existing Conditions ..................................................................................................................... 5 3.1 Existing Street System .......................................................................................................... 5 3.1.1 Public Transit .............................................................................................................. 5 3.2 Existing Traffic Volumes ...................................................................................................... 6 3.3 Intersection Analysis Methodologies .................................................................................... 6 3.3.1 Intersection Capacity Utilization (ICU) Method of Analysis ..................................... 6 3.3.2 Highway Capacity Manual 6 (HCM 6) Method of Analysis (Unsignalized Intersections) ......................................................................................................................... 7 3.3.3 Level of Service Criteria ............................................................................................. 7 3.4 Existing Level of Service Results ....................................................................................... 11 4.0 Traffic Forecasting Methodology ............................................................................................ 13 5.0 Project Traffic Characteristics ................................................................................................ 14 5.1 Project Traffic Generation .................................................................................................. 14 5.2 Project Trip Distribution and Assignment .......................................................................... 14 5.3 Existing Plus Project Traffic Conditions ............................................................................ 15 6.0 Future Traffic Conditions ........................................................................................................ 17 6.1 Ambient Traffic Growth ..................................................................................................... 17 6.2 Cumulative Projects Traffic Characteristics ....................................................................... 17 6.2.1 Year 2019 Traffic Volumes ...................................................................................... 17 7.0 Traffic Impact Analysis Methodology .................................................................................... 21 7.1 Impact Criteria and Thresholds ........................................................................................... 21 7.2 Traffic Impact Analysis Scenarios ...................................................................................... 22 8.0 Peak Hour Intersection Capacity Analysis ............................................................................. 23 8.1 Existing Plus Project Analysis ............................................................................................ 23 8.1.1 Existing Plus Project Traffic Conditions .................................................................. 23 8.2 Year 2019 Traffic Conditions ............................................................................................. 25 8.2.1 Year 2019 Cumulative Traffic Conditions ............................................................... 25 8.2.2 Year 2019 Cumulative Plus Project Conditions ....................................................... 25 2-55 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc ii TABLE OF CONTENTS (CONTINUED) SECTION PAGE 9.0 Site Access and Internal Circulation Evaluation ................................................................... 27 9.1 Site Access .......................................................................................................................... 27 9.2 Internal Circulation Evaluation ........................................................................................... 27 10.0 Recommended Intersection Improvements ............................................................................ 29 10.1 Existing Plus Project Traffic Conditions ............................................................................ 29 10.2 Year 2019 Plus Project Traffic Conditions ......................................................................... 29 11.0 Congestion Management Program (CMP) Compliance Assessment ................................... 30 12.0 State Of California (Caltrans) Methodology .......................................................................... 31 12.1 Highway Capacity Manual (HCM) Method of Analysis (Signalized Intersections) .......... 31 12.2 Existing Plus Project Traffic Conditions – Caltrans Methodology .................................... 33 12.2.1 Existing Traffic Conditions................................................................................. 33 12.2.2 Existing Plus Project Traffic Conditions ............................................................ 33 12.3 Year 2019 Traffic Conditions – Caltrans Methodology ..................................................... 34 12.3.1 Year 2019 Cumulative Traffic Conditions ......................................................... 34 12.3.2 Year 2019 Cumulative Plus Project Traffic Conditions ..................................... 34 12.4 Recommended Improvements – Caltrans Methodology ..................................................... 37 12.4.1 Existing Plus Project Traffic Conditions ............................................................ 37 12.4.2 Year 2019 Plus Project Traffic Conditions ......................................................... 37 13.0 Roadway Segment Evaluation ................................................................................................. 38 13.1 Roadway Link Capacities ................................................................................................... 38 13.2 Roadway Link Level of Service Criteria ............................................................................ 38 13.3 Roadway Link Analysis Results ......................................................................................... 40 13.3.1 Existing Plus Project Analysis ............................................................................ 40 13.3.2 Year 2019 Plus Project Analysis......................................................................... 42 14.0 Summary Of Findings And Conclusions ................................................................................ 44 2-56 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc iii APPENDICES APPENDIX A. Traffic Study Scope of Work B. Existing Traffic Count Data C. Intersection Level of Service Calculation Worksheets D. Project Driveway Level of Service Calculation Worksheets E. Intersection Level of Service Calculation Worksheets – Caltrans 2-57 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc iv LIST OF FIGURES SECTION—FIGURE # FOLLOWING PAGE 1-1 Vicinity Map ....................................................................................................................... 2 2-1 Existing Aerial Site Photograph ......................................................................................... 3 2-2 Proposed Site Plan ............................................................................................................... 3 3-1 Existing Roadway Conditions and Intersection Controls ............................................... 5 3-2 Existing AM Peak Hour Traffic Volumes ........................................................................ 6 3-3 Existing PM Peak Hour and Daily Traffic Volumes ........................................................ 6 5-1 Project Trip Distribution Pattern – Gas Station ............................................................. 15 5-2 Project Trip Distribution Pattern – Commercial ........................................................... 15 5-3 AM Peak Hour Project Traffic Volumes ....................................................................... 15 5-4 PM Peak Hour and Daily Project Traffic Volumes ....................................................... 15 5-5 Existing Plus Project AM Peak Hour Traffic Volumes ................................................ 15 5-6 Existing Plus Project PM Peak Hour and Daily Traffic Volumes ............................... 15 6-1 Location of Cumulative Projects ..................................................................................... 17 6-2 AM Peak Hour Cumulative Projects Traffic Volumes ................................................... 17 6-3 PM Peak Hour and Daily Cumulative Projects Traffic Volumes .................................. 17 6-4 Year 2019 AM Peak Hour Cumulative Traffic Volumes ............................................. 17 6-5 Year 2019 PM Peak Hour and Daily Cumulative Traffic Volumes ............................ 17 6-6 Year 2019 AM Peak Hour Cumulative Plus Project Traffic Volumes ....................... 17 6-7 Year 2019 PM Peak Hour and Daily Cumulative Plus Project Traffic Volumes ....... 17 2-58 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc v LIST OF TABLES SECTION—TABLE # PAGE 2-1 Project Development Summary ........................................................................................ 4 3-1 Level of Service Criteria For Signalized Intersections ................................................... 9 3-2 Level of Service Criteria For Unsignalized Intersections ............................................ 10 3-3 Existing Peak Hour Intersection Capacity Analysis ....................................................... 12 5-1 Project Traffic Generation Rates and Forecast ............................................................... 16 6-1 Location and Description of Cumulative projects ..................................................... 18-19 6-2 Cumulative Projects Traffic Generation Forecast ........................................................... 20 8-1 Existing Plus Project Peak Hour Intersection Capacity Analysis .................................. 24 8-2 Year 2019 Peak Hour Intersection Capacity Analysis ................................................... 26 9-1 Project Driveway Peak Hour Intersection Capacity Analysis ....................................... 28 12-1 Level of Service Criteria for Signalized Intersections (HCM 6 Methodology) ............ 32 12-2 Existing Plus Project Peak Hour Intersection Capacity Analysis – Caltrans ................ 35 12-3 Year 2019 Peak Hour Intersection Capacity Analysis – Caltrans .................................. 36 13-1 Roadway Link Capacities ................................................................................................ 39 13-2 Existing Plus Project Roadway Segment Level of Service Summary ........................... 41 13-3 Year 2019 Cumulative Plus Project Roadway Segment Level of Service Summary ... 43 2-59 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 1 REVISED FOCUSED TRAFFIC IMPACT ANALYSIS REPORT TUSTIN AVENUE RETAIL Santa Ana, California March 13, 2018 (Update of the September 20, 2017 Report) 1.0 INTRODUCTION This Focused Traffic Impact Analysis report addresses the potential traffic impacts and circulation needs associated with Tustin Avenue Retail Project (hereinafter referred to as Project) in the City of Santa Ana and has been prepared in response to the City of Santa Ana’s Development Review Committee comment from the Public Works Agency. The Project will include the development of a commercial building with a drive-through and a gas station convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 7,417 square-feet (SF) commercial building with drive-through to replace a 4,200 sit-down restaurant and a 2,778 SF gas service station convenience store to replace the existing gas station building and car wash. 1.1 Scope of Work This traffic report documents the findings and recommendations of a traffic impact analysis conducted by Linscott, Law & Greenspan, Engineers (LLG) to determine the potential impacts associated with the proposed Project. The traffic analysis evaluates the existing operating conditions at four (4) key study intersections one (1) key roadway segment within the project vicinity, estimates the trip generation potential of the proposed Project, and forecasts future near-term (Year 2019) operating conditions without and with the proposed Project. Where necessary, intersection improvements/mitigation measures are identified. This traffic report satisfies the traffic impact requirements of the City of Santa Ana and is consistent with the current Congestion Management Program (CMP) for Orange County. The Scope of Work for this traffic study, which is included in Appendix A, was developed in conjunction with City of Santa Ana Public Works Department staff. The project site has been visited and an inventory of adjacent area roadways and intersections was performed. Existing weekday peak hour traffic count information has been collected at four (4) key study intersections and one (1) key roadway segment for use in the preparation of intersection level of service calculations. Information concerning cumulative projects (planned and/or approved) in the vicinity of the proposed Project has been researched at the City of Santa Ana and City of Tustin. Based on our research, there are sixteen (16) cumulative projects located in the City of Santa Ana and eight (8) cumulative projects located in the City of Tustin. The twenty-four (24) cumulative projects were considered in the cumulative traffic analysis for this project. This traffic report analyzes existing and future weekday daily, AM peak hour and PM peak hour traffic conditions for a near-term (Year 2019) traffic setting upon completion of the proposed 2-60 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 2 Project. Near-term (Year 2019) cumulative daily and peak hour traffic forecasts were projected by incorporating a one percent (1.0%) annual growth rate and the trip generation potential of twenty- four (24) cumulative projects. 1.2 Study Area Four (4) key study intersections and one (1) key roadway segment have been identified for evaluation. Of the four (4) identified intersections, two (2) are located within the City of Santa Ana and two (2) are located in the City of Tustin. The one (1) roadway segment is located within the City of Santa Ana. The four (4) intersections/one (1) roadway segment listed below provide regional and local access to the study area and define the extent of the boundaries for this traffic impact investigation. Key Study Intersections 1. Tustin Avenue at Fourth Street (Santa Ana) 2. Tustin Avenue at First Street (Tustin) 3. SR-55 SB Ramps at Fourth Street (Santa Ana/Caltrans) 4. SR-55 NB Ramps at Fourth Street/Irvine Boulevard (Tustin/Caltrans) Key roadway segment A. Tustin Avenue, between Fourth Street and First Street (Santa Ana) Figure 1-1 presents a Vicinity Map, which illustrates the general location of the Project and depicts the study locations and surrounding street system. The Level of Service (LOS) investigations at these key locations were used to evaluate the potential traffic-related impacts associated with area growth, cumulative projects and the proposed Project. When necessary, this report recommends intersection and/or roadway improvements that may be required to accommodate future traffic volumes and restore/maintain an acceptable Level of Service, and/or mitigates the impact of the project. Included in this Focused Traffic Impact Analysis are:  Existing traffic counts,  Estimated project traffic generation/distribution/assignment,  Estimated cumulative project traffic generation/distribution/assignment,  AM and PM peak hour capacity analyses for existing conditions,  AM and PM peak hour capacity analyses for existing plus project conditions,  AM and PM peak hour capacity analyses for future near-term (Year 2019) traffic conditions without and with the proposed Project,  Site Access Evaluation,  Congestion Management Program Compliance Assessment, and  Roadway Segment Evaluation. 2-61 2-62 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 3 2.0 PROJECT DESCRIPTION The Project site is comprised of two parcels and is currently occupied by an existing gas station building and car wash at 325 N. Tustin Avenue and a sit-down restaurant at 301 N. Tustin Avenue. The site is generally located south of Fourth Street and east of Tustin Avenue. Both properties are located in the Professional (P) zoning district. 301 N. Tustin Avenue has a General Plan land use designation of Professional & Administrative Office (PAO) and 325 N. Tustin has the General Plan land use designation of General Commercial (GC). As proposed, the Project requires approval of a general plan amendment to change the land use designation from PAO to GC, zone change from P to Commercial General (C2) and a conditional use permit for the proposed drive-through services. Figure 2-1 is an existing aerial photograph of the Project site. The Project will include the development of a commercial building with a drive-through and a gas station convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 7,417 square-feet (SF) commercial building with drive-through to replace a 4,200 sit-down restaurant and a 2,778 SF gas service station convenience store to replace the existing gas station building and car wash. Please note that the proposed Project will provide internal access between the two parcels. Table 2-1 provides a summary of the proposed Project components. The Project is expected to be constructed and completed by Year 2019, which has been utilized to assess the Project’s potential traffic impacts at full occupancy of the site within an opening year traffic setting. Figure 2-2 presents the site plan for the proposed Project prepared by Bundy Finkel Architects. 2.1 Site Access Vehicular access to the existing gas station at 325 N. Tustin Avenue is currently provided by one (1) right in-right out driveway on Tustin Avenue and two (2) right in-right out driveways on Fourth Street. Access to the existing restaurant at 301 N. Tustin Avenue is currently provided by one (1) full access driveway and one (1) right in-right out driveway on Tustin Avenue. Vehicular access will remain generally similar to the current driveways with the exception of the removal of the one (1) right in-right out driveway at the existing restaurant along Tustin Avenue and the western right in-right out driveway along Fourth Street. A total of three (3) driveways will provide access to the proposed Project site. 2-63 2-64 2-65 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 4 TABLE 2-1 PROJECT DEVELOPMENT SUMMARY1 Project Description Project Development Totals Existing Development  301 N. Tustin Avenue o Quality Restaurant 4,200 SF  325 N. Tustin Avenue o Gas Station With Convenience Market With Car Wash 8 VFP Proposed Development  301 N. Tustin Avenue o Commercial Building With Drive-Through 7,417 SF  325 N. Tustin Avenue o Gas Station With Convenience Market 8 VFP Notes:  VFP = Vehicle Fueling Positions 1 Source: TCA Architects, 11/01/17. 2-66 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 5 3.0 EXISTING CONDITIONS 3.1 Existing Street System The principal local network of streets serving the project site includes Fourth Street, First Street, and Tustin Avenue. The following discussion provides a brief synopsis of these key area streets. The descriptions are based on an inventory of existing roadway conditions. Fourth Street is a six-lane, divided roadway oriented in the east-west direction that borders the Project site to the north. The posted speed limit on Fourth Street is 40 miles per hour (mph). On- street parking is not permitted along this roadway in the vicinity of the project. A traffic signal controls the study intersection of Fourth Street at Tustin Avenue. First Street is a four to six-lane, divided roadway oriented in the east-west direction that provides two or three lanes in each direction separated by a raised median island. The posted speed limit on First Street is 40 mph. On-street parking is not permitted along this roadway. A traffic signal controls the study intersections of First Street at Tustin Avenue. Tustin Avenue is a five-lane, divided roadway, oriented in the north-south direction. On-street parking is permitted along the west side of the roadway in the vicinity of the Project. The posted speed limit on Tustin Avenue is 40 mph. Traffic signals control the study intersections of Tustin Avenue at Fourth Street and First Street. Figure 3-1 presents an inventory of the existing roadway conditions for the arterials and intersections evaluated in this report. This figure identifies the number of travel lanes for key arterials, as well as intersection configurations and controls for the key area study intersections. 3.1.1 Public Transit Public transit bus service is provided in the project area by the Orange County Transportation Authority (OCTA). Two (2) OCTA bus routes operate within the vicinity of the Project site on First Street, Fourth Street and Tustin Avenue, which consist of the following:  OCTA Route 64 (Huntington Beach to Tustin): Route 64 is a community bus route serving the Cities of Huntington Beach, Westminster, Garden Grove, Santa Ana and Tustin. The major routes of travel include Bolsa Avenue, First Street and Newport Boulevard. Nearest to the project site are bus stops on First Street - eastbound and westbound of the intersection with Tustin Avenue. Route 64 operates on approximate 30-minute headways during weekdays and 20-minute headways on weekends.  OCTA Route 71 (Newport Beach to Placentia): Route 71 is a community bus route serving the Cities of Newport Beach, Costa Mesa, Irvine, Tustin, Santa Ana, Orange, Anaheim and Placentia. The major routes of travel include Newport Boulevard, Red Hill Avenue, Newport Avenue, First Street, Tustin Avenue and Rose Avenue. Nearest to the project site are bus stops on Tustin Avenue at the intersections with First Street and Fourth Street. Route 71 operates on approximate 30-minute headways during weekdays and 45-minute headways on weekends. 2-67 2-68 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 6 3.2 Existing Traffic Volumes Four (4) key study intersections and one (1) key roadway segment have been identified as the locations at which to evaluate existing and future traffic operating conditions. Some portion of potential project-related traffic will pass through each of these intersections, and their analysis will reveal the expected relative impacts of the project. These key locations were selected for evaluation based on discussions with City of Santa Ana staff and in consideration of Orange County CMP requirements. Existing daily, AM peak hour and PM peak hour traffic volumes for the key study intersections of Tustin Avenue at Fourth Street and Tustin Avenue at First Street, as well as the one (1) key roadway segment evaluated in this report were obtained from manual turning movement counts conducted by Transportation Studies, Inc. in October 2016. Please note that counts collected in October 2016 were grown by 1% to 2017 to create a 2017 baseline condition. Existing AM peak hour and PM peak hour traffic volumes for the key study intersections of SR-55 SB Ramps at Fourth Street and SR-55 NB Ramps at Fourth Street/Irvine Boulevard were obtained from manual turning movement counts conducted by AimTD LLC in May 2017. Figures 3-2 and 3-3 illustrate the existing AM and PM peak hour traffic volumes at the four (4) key study intersections evaluated in this report, respectively. Figure 3-3 also presents the existing average daily traffic volumes for the one (1) key roadway segment in the vicinity of the proposed Project. Please note that these existing volumes include the traffic generated by the existing land uses. Appendix B contains the detailed peak hour and daily traffic count sheets for the key intersections and roadway segments evaluated in this report. 3.3 Intersection Analysis Methodologies Existing AM and PM peak hour operating conditions for the four (4) key study intersections were evaluated using the Intersection Capacity Utilization (ICU) methodology for signalized intersections and the methodology outlined in the Highway Capacity Manual 6 (HCM 6) for the unsignalized Project driveways. 3.3.1 Intersection Capacity Utilization (ICU) Method of Analysis In conformance with City of Santa Ana, City of Tustin, and Orange County CMP requirements, existing AM and PM peak hour operating conditions for the key signalized study intersections were evaluated using the Intersection Capacity Utilization (ICU) method. The ICU technique is intended for signalized intersection analysis and estimates the volume to capacity (V/C) relationship for an intersection based on the individual V/C ratios for key conflicting traffic movements. The ICU numerical value represents the percent signal (green) time, and thus capacity, required by existing and/or future traffic. It should be noted that the ICU methodology assumes uniform traffic distribution per intersection approach lane and optimal signal timing. 2-69 2-70 2-71 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 7 Per City of Santa Ana requirements, the ICU calculations use a lane capacity of 1,700 vehicles per hour (vph) for through lanes and 1,600 vph for left-turn lanes and right-turn lanes. A clearance adjustment factor of 0.05 was added to each Level of Service calculation. Per City of Tustin requirements, the ICU calculations use a lane capacity of 1,700 for through and all turn lanes. A clearance adjustment factor of 0.05 was added to each Level of Service calculation. The ICU value translates to a Level of Service (LOS) estimate, which is a relative measure of the intersection performance. The ICU value is the sum of the critical volume to capacity ratios at an intersection; it is not intended to be indicative of the LOS of each of the individual turning movements. The six qualitative categories of Level of Service have been defined along with the corresponding ICU value range and are shown in Table 3-1. 3.3.2 Highway Capacity Manual 6 (HCM 6) Method of Analysis (Unsignalized Intersections) Two-way stop-controlled intersections are comprised of a major street, which is uncontrolled, and a minor street, which is controlled by stop signs. Level of service for a two-way stop-controlled intersection is determined by the computed or measured control delay. The control delay by movement, by approach, and for the intersection as a whole is estimated by the computed capacity for each movement. LOS is determined for each minor-street movement (or shared movement) as well as major-street left turns. The worst side street approach delay is reported. LOS is not defined for the intersection as a whole or for major-street approaches, as it is assumed that major-street through vehicles experience zero delay. The HCM control delay value range for two-way stop- controlled intersections is shown in Table 3-2. 3.3.3 Level of Service Criteria According to the Cities of Santa Ana and Tustin, LOS D is the minimum acceptable condition that should be maintained during the peak commute hours. However, the City of Santa Ana has defined exceptions to this criterion at specific locations within the study area. The City of Santa Ana has defined major development areas where LOS “E” is considered acceptable. Caltrans “endeavors to maintain a target LOS at the transition between LOS “C” and LOS “D” on State highway facilities”; it does not require that LOS “D” (shall) be maintained. However, Caltrans acknowledges that this may not always be feasible and recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. Caltrans has determined that all state owned facilities that operate below LOS D should be identified and improved to an acceptable LOS. The Caltrans Traffic Impact Study Guidelines dated December 2002 does state that if an existing state owned facility operates at less than LOS D, the existing service level should be maintained. Based on the above, the following summarizes the LOS required for each key study intersection: 2-72 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 8 LOS “D” Requirements 2. Tustin Avenue at First Street 4. SR-55 NB Ramps at Fourth St/Irvine Blvd 3. SR-55 SB Ramps at Fourth Street LOS “E” Requirements 1. Tustin Avenue at Fourth Street 2-73 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 9 TABLE 3-1 LEVEL OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS Level of Service (LOS) Intersection Capacity Utilization Value (V/C) Level of Service Description A  0.600 EXCELLENT. No vehicle waits longer than one red light, and no approach phase is fully used. B 0.601 – 0.700 VERY GOOD. An occasional approach phase is fully utilized; many drivers begin to feel somewhat restricted within groups of vehicles. C 0.701 – 0.800 GOOD. Occasionally drivers may have to wait through more than one red light; backups may develop behind turning vehicles. D 0.801 – 0.900 FAIR. Delays may be substantial during portions of the rush hours, but enough lower volume periods occur to permit clearing of developing lines, preventing excessive backups. E 0.901 – 1.000 POOR. Represents the most vehicles intersection approaches can accommodate; may be long lines of waiting vehicles through several signal cycles. F > 1.000 FAILURE. Backups from nearby locations or on cross streets may restrict or prevent movement of vehicles out of the intersection approaches. Potentially very long delays with continuously increasing queue lengths. 2-74 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 10 TABLE 3-2 LEVEL OF SERVICE CRITERIA FOR UNSIGNALIZED INTERSECTIONS (HCM 6 METHODOLOGY)2 Level of Service (LOS) Highway Capacity Manual (HCM) Delay Per Vehicle (seconds/vehicle) Level of Service Description A  10.0 Little or no delay B > 10.0 and  15.0 Short traffic delays C > 15.0 and  25.0 Average traffic delays D > 25.0 and  35.0 Long traffic delays E > 35.0 and  50.0 Very long traffic delays F > 50.0 Severe congestion 2 Source: Highway Capacity Manual 6, Chapter 20: Two-Way Stop-Controlled Intersections. The LOS criteria apply to each lane on a given approach and to each approach on the minor street. LOS is not calculated for major-street approaches or for the intersection as a whole. 2-75 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 11 3.4 Existing Level of Service Results Table 3-3 summarizes the existing peak hour service level calculations for the four (4) key study intersections based on existing traffic volumes and current street geometrics. Review of Table 3-3 indicates that three (3) of the four (4) key study intersections currently operate at an acceptable level of service during the AM and PM peak hours. The exception is SR-55 SB Ramps at Fourth Street, which currently operates at unacceptable LOS E during the AM peak hour. Appendix C presents the ICU/LOS calculation worksheets for the four (4) key study intersections for the AM peak hour and PM peak hour. 2-76 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 12 TABLE 3-3 EXISTING PEAK HOUR INTERSECTION CAPACITY ANALYSIS Key Intersection Jurisdiction Minimum Acceptable LOS Control Type Time Period ICU/HCM LOS 1. Tustin Avenue at Fourth Street Santa Ana E 8 Traffic Signal AM 0.602 B PM 0.783 C 2. Tustin Avenue at First Street Tustin D 6 Traffic Signal AM 0.490 A PM 0.517 A 3. SR-55 SB Ramps at Fourth Street Santa Ana/ Caltrans D 3 Traffic Signal AM 0.902 E PM 0.783 C 4. SR-55 NB Ramps at Fourth Street/Irvine Boulevard Tustin/ Caltrans D 3 Traffic Signal AM 0.699 B PM 0.757 C 2-77 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 13 4.0 TRAFFIC FORECASTING METHODOLOGY In order to estimate the traffic impact characteristics of the proposed Project, a multi-step process has been utilized. The first step is traffic generation, which estimates the total arriving and departing traffic on a peak hour and daily basis. The traffic generation potential is forecast by applying the appropriate vehicle trip generation equations or rates to the project development tabulation. The second step of the forecasting process is traffic distribution, which identifies the origins and destinations of inbound and outbound project traffic. These origins and destinations are typically based on demographics and existing/expected future travel patterns in the study area. The third step is traffic assignment, which involves the allocation of project traffic to study area streets and intersections. Traffic assignment is typically based on minimization of travel time, which may or may not involve the shortest route, depending on prevailing operating conditions and travel speeds. Traffic distribution patterns are indicated by general percentage orientation, while traffic assignment allocates specific volume forecasts to individual roadway links and intersection turning movements throughout the study area. With the forecasting process complete and project traffic assignments developed, the impact of the proposed project is isolated by comparing operational (LOS) conditions at selected key intersections using expected future traffic volumes with and without forecast project traffic. The need for site- specific and/or cumulative local area traffic improvements can then be evaluated and the significance of the project’s impacts identified. 2-78 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 14 5.0 PROJECT TRAFFIC CHARACTERISTICS 5.1 Project Traffic Generation Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. Generation equations and/or rates used in the traffic forecasting procedure are found in the 9th Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington D.C., 2012]. Table 5-1 summarizes the trip generation rates used in forecasting the vehicular trips generated by the proposed Project and also presents the project’s forecast peak hour and daily traffic volumes. As shown in the upper portion of Table 5-1, ITE Land Use 931: Quality Restaurant and ITE Land Use 946: Gasoline/Service Station With Convenience Market and Car Wash trip rates will be used to forecast the trip generation of the existing development. ITE Land Use 820: Shopping Center, ITE Land Use 937: Coffee/Donut Shop With Drive-Through Window, and ITE Land Use 945: Gasoline/Service Station With Convenience Market will be used to forecast the trip generation of the proposed Project. A review of the middle portion of this table indicates that the existing land uses generate 1,257 daily trips, with 39 trips (21 inbound, 18 outbound) produced in the AM peak hour and 66 trips (37 inbound, 29 outbound) produced in the PM peak hour. A review of the lower portion of Table 5-1 indicates that the proposed Project is forecast to generate 2,135 daily trips, with 120 trips (63 inbound, 57 outbound) produced in the AM peak hour and 118 trips (58 inbound, 60 outbound) produced in the PM peak hour. Review of the last row of Table 5-1 shows that with application of existing trip credits, the proposed Project is forecast to generate a new of 878 daily trips, a net of 81 (42 inbound, 39 outbound) AM peak hour trips, and a net of 52 (21 inbound, 31 outbound) PM peak hour trips. 5.2 Project Trip Distribution and Assignment Figures 5-1 and 5-2 present the trip distribution pattern for the gas station and commercial components proposed Project, respectively. Project traffic volumes both entering and exiting the project site have been distributed and assigned to the adjacent street system based on the following considerations:  location of site access points in relation to the surrounding street system,  the site's proximity to major traffic carriers and regional access routes,  physical characteristics of the circulation system such as lane channelization and presence of traffic signals that affect travel patterns,  presence of traffic congestion in the surrounding vicinity, and  ingress/egress availability at the project site. The anticipated near-term AM and PM peak hour project traffic volumes associated with the proposed Project (the net trip volumes and existing trip credits) are presented in Figures 5-3 and 5-4, 2-79 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 15 respectively. Figure 5-4 also presents the daily Project traffic volumes. The traffic volume assignments presented in Figures 5-3 and 5-4 reflect the traffic distribution characteristics shown in Figures 5-1 and 5-2 and the traffic generation forecast presented in Table 5-1. 5.3 Existing Plus Project Traffic Conditions The Existing Plus Project traffic conditions have been generated based upon existing conditions and the estimated project traffic. These forecast traffic conditions have been prepared pursuant to the California Environmental Quality Act (CEQA) guidelines, which require that the potential impacts of a Project be evaluated upon the circulation system as it currently exists . This traffic volume scenario and the related intersection capacity analyses will identify the roadway improvements necessary to mitigate the direct traffic impacts of the Project, if any. Figures 5-5 and 5-6 present projected AM and PM peak hour traffic volumes at the four (4) key study intersections and three (3) Project driveways with the addition of the trips generated by the proposed Project to existing traffic volumes. Figure 5-6 also presents the Existing Plus Project daily traffic volumes. 2-80 2-81 2-82 2-83 2-84 2-85 2-86 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 16 TABLE 5-1 PROJECT TRIP GENERATION RATES AND FORECAST3 Description Daily 2-Way AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Trip Generation Rates:  820: Shopping Center (TE/TSF) 4 181.80 62% 38% 4.67 48% 52% 14.08  931: Quality Restaurant (TE/TSF) 89.95 100% 0% 0.81 67% 33% 7.49  937: Coffee/Donut Shop With Drive-Through Window (TE/TSF) 818.58 51% 49% 100.58 50% 50% 42.80  945: Gasoline/Service Station With Convenience Market (TE/VFP) 162.78 50% 50% 10.16 50% 50% 13.51  946: Gasoline/Service Station With Convenience Market and Car Wash (TE/VFP) 152.84 51% 49% 11.84 51% 49% 13.86 Existing Development Trip Generation:  Gas Station With Market With Car Wash (8 VFP) 1,223 48 47 95 57 54 111 Pass-By (Daily 25%, AM 62%, PM 56%) -306 -30 -29 -59 -32 -30 -62 Existing Gas Station Subtotal 917 18 18 36 25 24 49  Quality Restaurant (4,200 SF) 378 3 0 3 21 10 31 Pass-By (Daily 10%, AM 0%, PM 44%) -38 0 0 0 -9 -5 -14 Existing Restaurant Subtotal 340 3 0 3 12 5 17 Proposed Project Trip Generation:  Gas Station With Market (8 VFP) 1,302 41 40 81 54 54 108 Pass-By (Daily 25%, AM 62%, PM 56%) -326 -25 -25 -50 -30 -30 -60 Proposed Gas Station Subtotal 976 16 15 31 24 24 48  Commercial Building (7,417 SF) 5 2,319 94 85 179 51 55 106 Pass-By (Daily 50%, AM 50%, PM 34%) -1,160 -47 -43 -90 -17 -19 -36 Proposed Gas Station Subtotal 1,159 47 42 89 34 36 70 Total Existing Development Trip Generation (A) 1,257 21 18 39 37 29 66 Total Proposed Project Trip Generation (B) 2,135 63 57 120 58 60 118 Total Net Project Trip Generation (C) = (B) – (A) 878 42 39 81 21 31 52 Notes:  TE/TSF = Trip End per 1,000 Square Feet of Gross Floor Area  TE/VFP = Trip End per Vehicle Fueling Position 3 Source: Trip Generation, 9th Edition, Institute of Transportation Engineers (ITE), Washington, D.C. (2012). 4 Trip Generation rates based on the following equations:  Daily: Ln(T) = 0.65Ln(X) + 5.83  AM Peak Hour: Ln(T) = 0.61Ln(X) + 2.24  PM Peak Hour: Ln(T) = 0.67Ln(X) + 3.31 5 In order to be conservative, the Daily and AM Peak Hour includes 6,000 SF of retail and 1,500 SF of coffee shop with drive-through window. The PM Peak Hour includes 7,417 SF of retail. 2-87 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 17 6.0 FUTURE TRAFFIC CONDITIONS 6.1 Ambient Traffic Growth Horizon year, background traffic growth estimates have been calculated using an ambient traffic growth factor. The ambient traffic growth factor is intended to include unknown and future cumulative projects in the study area, as well as account for regular growth in traffic volumes due to the development of projects outside the study area. The future growth in traffic volumes has been calculated at one percent (1.0%) per year. Applied to the Year 2017 existing traffic volumes, this factor results in a 2.0% growth in existing volumes to the near-term horizon year 2019. 6.2 Cumulative Projects Traffic Characteristics In order to make a realistic estimate of future on-street conditions prior to implementation of the proposed Project, the status of other known development projects (cumulative projects) within a two-mile radius of the proposed project has been researched at the City of Santa Ana and City of Tustin. With this information, the potential impact of the proposed Project can be evaluated within the context of the cumulative impact of all ongoing development. Based on our research during the scoping process, there are sixteen (16) cumulative projects in the City of Santa Ana and eight (8) cumulative projects in the City of Tustin that are being processed for approval. These twenty-four (24) cumulative projects have been included as part of the cumulative background setting. Table 6-1 provides a brief description for each of the twenty-four (24) cumulative projects. Figure 6-1 graphically illustrates the location of the twenty-four (24) cumulative projects. These cumulative projects are expected to generate vehicular traffic, which may affect the operating conditions of the key study intersections. Table 6-2 summarizes the trip generation potential for all twenty-four (24) cumulative projects on a daily and peak hour basis for a typical weekday. As shown, the cumulative projects are expected to generate 30,720 daily trips, with 2,501 trips (1,176 inbound, 1,325 outbound) anticipated during the AM peak hour and 2,962 trips (1,506 inbound, 1,456 outbound) produced during the PM peak hour. The AM and PM peak hour traffic volumes associated with the twenty-four (24) cumulative projects in the Year 2019 are presented in Figures 6-2 and 6-3, respectively. Figure 6-3 also presents the daily related project traffic volumes. 6.2.1 Year 2019 Traffic Volumes Figures 6-4 and 6-5 present the AM and PM peak hour cumulative traffic volumes (existing traffic + ambient growth + cumulative projects) at the four (4) key study intersections for the Year 2019. Figure 6-5 also presents the Year 2019 daily cumulative traffic volumes. Figures 6-6 and 6-7 illustrate the Year 2019 forecast AM and PM peak hour traffic volumes, with the inclusion of the trips generated by the proposed Project. Figure 6-7 also presents the Year 2019 daily cumulative plus project traffic volumes. 2-88 2 - 8 9 2-90 2-91 2-92 2-93 2-94 2-95 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 18 TABLE 6-1 LOCATION AND DESCRIPTION OF CUMULATIVE PROJECTS6 No. Cumulative Project Location/Address Description City of Santa Ana Development 1. Artist Gateway 117 South Sycamore Street 14 DU Live/Work 2. Depot at Santiago 923 North Santiago Street 70 DU Apartments, 12.623 TSF Retail/Office 3. Lotus Townhomes 627 East Washington Avenue 8 DU Townhomes 4. Rocket Express Car Wash 1703 East Seventeenth Street 4.995 TSF Car Wash, 20.146 TSF Existing Commercial Demolition 5. Sexlinger Homes and Orchard 1584 East Santa Clara Avenue 24 DU Single Family Detached 6. First Street Family Apartments 1440 East First Street 69 DU Apartments, 47.04 TSF Existing Office Demolition 7. One Broadway Plaza 1109 North Broadway 518.000 SF Office Tower with 16.000 TSF of Restaurant Floor Area 8. East First Street Apartments 2222 East First Street 419 DU Senior Residential Apartments 9. First Street Care Home 2151 East First Street Convert 75 Room Motel to 72 DU Supportive Housing Apartments 10. Tom’s Trucks Residential Development 1008 East Fourth Street 170 DU Single Family Detached 11. The Madison 200 N. Cabrillo Park Drive 260 DU Apartments, 6,561 TSF Commercial 12. 2114 East First Apartments 2114 East First Street 694 DU Affordable Apartments, 9.700 TSF Commercial 13. 888 Adaptive Reuse 888 North Main Street 146 Condominiums 14. Elk’s Lodge 1701 East St. Andrew Place 46.438 TSF Lodge 15. Hampton Inn Hotel 2129 North Main Street 135 Room Hotel 16. Tustin Avenue Retail 1660 E. First Street 601 DU Apartments, 16.430 TSF Commercial City of Tustin Development 17. Tustin Red Hill Mixed-Use 13751-13841 Red Hill Avenue 201 DU Apartments, 3.000 TSF Health Club, 10.000 TSF General Office, 4.000 TSF Shopping Center, 3.000 TSF High- Turnover Restaurant 18. 4 Unit Condominium Complex 1051 Bonita Street 4 DU Condominiums 19. 5 Detached Residential Condos 1381-1391 San Juan Street 5 DU Condominiums 20. New Office Building 721 West First Street 7.200 TSF Office 21. Restaurant 14232 Newport Avenue 1.800 TSF Fast-Food Restaurant w/ Drive-Thru 6 Source: City of Santa Ana and City of Tustin Planning Department staff. 2-96 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 19 TABLE 6-1 (CONTINUED) LOCATION AND DESCRIPTION OF CUMULATIVE PROJECTS7 No. Cumulative Project Location/Address Description 22. Grace Harbor Church 12881 Newport Avenue 10.015 TSF 2-story Classroom 23. Habitat for Humanity 140 South A Street 2 DU Condominiums 24. Intracorp So Cal-1 420 West 6th Street 140 DU Single Family Attached 7 Source: City of Santa Ana and City of Tustin Planning Department staff. 2-97 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 20 TABLE 6-2 CUMULATIVE PROJECTS TRIP GENERATION FORECAST8 Cumulative Project Description Daily 2-Way AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 1. Artist Gateway 93 1 6 7 6 3 9 2. Depot at Santiago 658 15 32 47 31 24 55 3. Lotus Townhomes 46 1 3 4 3 1 4 4. Rocket Express Car Wash 529 15 15 30 21 20 41 5. Sexlinger Homes and Orchard 229 5 13 18 15 9 24 6. First Street Family Apartments 459 7 28 35 28 15 43 7. One Broadway Plaza 6,175 641 94 735 198 596 794 8. East First Street Apartments 1,524 30 59 89 60 51 111 9. First Street Care Home 479 7 30 37 29 16 45 10. Tom’s Trucks Residential Development 1,618 32 96 128 107 63 170 11. The Madison 2,010 30 104 134 115 69 184 12. 2114 East First Apartments 4,988 76 286 362 291 163 454 13. 888 Adaptive Reuse 848 11 53 64 51 25 76 14. Elk’s Lodge 1,571 63 32 95 62 65 127 15. Hampton Inn Hotel 1,103 42 30 72 41 40 81 16. Tustin Avenue Retail 4,464 67 240 307 257 155 412 17. Tustin Red Hill Mixed-Use 2,098 57 102 159 115 81 196 18. 4 Unit Apartment Complex 27 0 2 2 1 1 2 19. 5 Detached Residential Condos 29 0 2 2 2 1 3 20. New Office Building 122 15 2 17 3 13 16 21. Restaurant 670 21 21 42 15 14 29 22. Grace Harbor Church 155 29 23 52 5 7 12 23. Habitat for Humanity 12 0 1 1 1 0 1 24. Intracorp So Cal-1 813 11 51 62 49 24 73 Cumulative Projects Total Trip Generation Potential 30,720 1,176 1,325 2,501 1,506 1,456 2,962 8 Source: Trip Generation, 9th Edition, Institute of Transportation Engineers (ITE), Washington, D.C. (2012). 2-98 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 21 7.0 TRAFFIC IMPACT ANALYSIS METHODOLOGY The relative impact of the proposed Project during the AM peak hour and PM peak hour was evaluated based on analysis of future operating conditions at the four (4) key study intersections, without, then with, the proposed Project. The previously discussed capacity analysis procedures were utilized to investigate the future volume-to-capacity relationships and service level characteristics at each study intersection. The significance of the potential impacts of the Project at each key intersection was then evaluated using the following traffic impact criteria. 7.1 Impact Criteria and Thresholds 7.1.1 City of Santa Ana For the study intersection solely under the jurisdiction of the City of Santa Ana, impacts to local and regional transportation systems are considered significant if:  An unacceptable peak hour Level of Service (LOS) at any of the key intersections is projected and the project increases traffic demand at the study intersection by 1% of capacity (ICU increase  0.010). The City of Santa Ana considers LOS D (ICU = 0.801 - 0.900) to be the minimum acceptable LOS for all intersections, except for those locations located within the City’s defined major development areas, where LOS E is considered acceptable. Based on the above, the following summarizes the LOS required for the Santa Ana key study intersection: LOS “D” Requirements 3. SR-55 SB Ramps at Fourth Street LOS “E” Requirements 1. Tustin Avenue at Fourth Street  At unsignalized intersections, an impact is considered to be significant if the project causes an intersection at LOS D or better to degrade to LOS E or F and the traffic signal warrant analysis determines that a signal is justified. 7.1.2 City of Tustin For the study intersection within the jurisdiction of the City of Tustin, impacts to local and regional transportation systems are considered significant if:  An unacceptable peak hour Level of Service (LOS) at any of the key intersections is projected and, for this analysis, if the project increases traffic demand at the study intersection by 1% of capacity (ICU increase  0.010), causing or worsening LOS E or F (ICU > 0.901), the impact is considered significant. The City of Tustin considers LOS D to be the minimum acceptable condition that should be maintained during the peak commute hours at the intersection listed below: 2-99 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 22 LOS “D” Requirements 2. Tustin Avenue at First Street 4. SR-55 NB Ramps at Fourth Street/Irvine Boulevard 7.2 Traffic Impact Analysis Scenarios The following scenarios are those for which volume/capacity calculations have been performed at the four (4) key intersections for existing plus project, near-term (Year 2019) traffic conditions: A. Existing Traffic Conditions; B. Existing Plus Project Traffic Conditions; C. Scenario (B) with Improvements, if necessary; D. Near-Term (Year 2019) Cumulative Traffic Conditions, E. Near-Term (Year 2019) Cumulative plus Project Traffic Conditions; F. Scenario (E) with Improvements, if necessary; and G. Scenario (H) with Improvements, if necessary. 2-100 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 23 8.0 PEAK HOUR INTERSECTION CAPACITY ANALYSIS 8.1 Existing Plus Project Analysis Table 8-1 summarizes the peak hour Level of Service results at the four (4) key study intersections for existing plus project traffic conditions. The first column (1) of ICU/LOS values in Table 8-1 presents a summary of existing AM and PM peak hour traffic conditions (which were also presented in Table 3-3). The second column (2) lists existing plus project traffic conditions. The third column (3) shows the increase in ICU value due to the added peak hour Project trips and indicates whether the traffic associated with the Project will have a significant impact based on the LOS standards and significant impact criteria defined in this report. The fourth column (4) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 8.1.1 Existing Plus Project Traffic Conditions Review of columns (2) and (3) of Table 8-1 indicate that traffic associated with the proposed Project will not significantly any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic. Appendix C presents the existing plus project ICU/LOS calculations for the four (4) key study intersections. 2-101 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 24 TABLE 8-1 EXISTING PLUS PROJECT PEAK HOUR INTERSECTION CAPACITY ANALYSIS SUMMARY Key Intersection Mi n i m u m Ac c e p t a b l e L O S Time Period (1) Existing Traffic Conditions (2) Existing Plus Project Traffic Conditions (3) Significant Impact (4) Existing Plus Project Plus Improvements Traffic Conditions ICU LOS ICU LOS Increase Yes/No ICU LOS 1. Tustin Avenue at Fourth Street E AM 0.602 B 0.607 B 0.005 No -- -- PM 0.783 C 0.784 C 0.001 No -- -- 2. Tustin Avenue at First Street D AM 0.490 A 0.494 A 0.004 No -- -- PM 0.517 A 0.519 A 0.002 No -- -- 3. SR-55 SB Ramps at Fourth Street D AM 0.902 E 0.904 E 0.002 No -- -- PM 0.783 C 0.784 C 0.001 No -- -- 4. SR-55 NB Ramps at Fourth St/Irvine Blvd D AM 0.699 B 0.700 C 0.001 No -- -- PM 0.757 C 0.758 C 0.001 No -- -- Note:  Bold ICU/LOS values indicate adverse service levels based on the Cities LOS standards. 2-102 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 25 8.2 Year 2019 Traffic Conditions Table 8-2 summarizes the peak hour Level of Service results at the four (4) key study intersections for the Year 2019 horizon year. The first column (1) of ICU/LOS values in Table 8-2 presents a summary of existing AM and PM peak hour traffic conditions. The second column (2) lists projected cumulative traffic conditions (existing plus ambient plus cumulative projects traffic) based on existing intersection geometry, but without any traffic generated from the proposed Project. The third column (3) presents forecast Year 2019 near-term traffic conditions with the addition of Project traffic. The fourth column (4) shows the increase in ICU value due to the added peak hour Project trips and indicates whether the traffic associated with the Project will have a significant impact based on the LOS standards and significant impact criteria defined in this report. The fifth column (5) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 8.2.1 Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) background traffic conditions indicates that with the addition of ambient traffic growth and cumulative projects traffic, one (1) of the four (4) key study intersections will operate at an adverse LOS. The location identified below is forecast to operate at an unacceptable level of service: AM Peak Hour PM Peak Hour Key Intersection ICU/HCM LOS ICU/HCM LOS 6. SR-55 SB Ramps at Fourth Street 0.968 E -- -- The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS based on the LOS criteria identified in this report. 8.2.2 Year 2019 Cumulative Plus Project Conditions Review of columns (3) and (4) of Table 8-2 indicate that traffic associated with the proposed Project will not significantly impact any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at an adverse LOS E during the AM peak hour, with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. Appendix C also presents the near-term ICU/LOS calculations for the four (4) key study intersections. 2-103 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 26 TABLE 8-2 YEAR 2019 PEAK HOUR INTERSECTION CAPACITY ANALYSIS SUMMARY Key Intersection Mi n i m u m Ac c e p t a b l e L O S Time Period (1) Existing Traffic Conditions (2) Year 2019 Cumulative Traffic Conditions (3) Year 2019 Plus Project Traffic Conditions (4) Significant Impact (5) Year 2019 Plus Project Plus Improvements Traffic Conditions ICU LOS ICU LOS ICU LOS Increase Yes/No ICU LOS 1. Tustin Avenue at Fourth Street E AM 0.602 B 0.746 C 0.762 C 0.016 No -- -- PM 0.783 C 0.849 D 0.850 D 0.001 No -- -- 2. Tustin Avenue at First Street D AM 0.490 A 0.606 B 0.610 B 0.004 No -- -- PM 0.517 A 0.599 A 0.602 B 0.003 No -- -- 3. SR-55 SB Ramps at Fourth Street D AM 0.902 E 0.968 E 0.970 E 0.002 No -- -- PM 0.783 C 0.847 D 0.848 D 0.001 No -- -- 4. SR-55 NB Ramps at Fourth St/Irvine Blvd D AM 0.699 B 0.777 C 0.778 C 0.001 No -- -- PM 0.757 C 0.822 D 0.824 D 0.002 No -- -- Notes:  Bold ICU/LOS values indicate adverse service levels based on the Cities LOS standards. 2-104 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 27 9.0 SITE ACCESS AND INTERNAL CIRCULATION EVALUATION 9.1 Site Access Vehicular access to the existing gas station at 325 N. Tustin Avenue is currently provided by one (1) right in-right out driveway on Tustin Avenue and four (4) right in-right out driveways on Fourth Street. Access to the existing restaurant at 301 N. Tustin Avenue is currently provided by one (1) full access driveway and one (1) right in-right out driveway on Tustin Avenue. Vehicular access will remain generally similar to the current driveways with the exception of the removal of the one (1) right in-right out driveway at the existing restaurant along Tustin Avenue and the westerley right in-right out driveway along Fourth Street. A total of three (3) driveways will provide access to the proposed Project site. Table 9-1 summarizes the intersection level of service results for the three (3) proposed Project driveways under near-term (Year 2019) traffic conditions at completion and full occupancy of the proposed Project. As shown, these key study intersections are forecast to operate at LOS C or better during the AM peak hour and PM peak hour. Appendix D presents the near-term HCM/LOS calculations for the three (3) Project driveways. 9.2 Internal Circulation Evaluation The on-site circulation was evaluated in terms of vehicle-pedestrian conflicts. Based on our review of the preliminary site plan, the overall layout does not create any unsafe vehicle-pedestrian conflict points and the driveway throating is sufficient such that access to parking spaces is not impacted by internal vehicle queuing/stacking. Curb return radii have been confirmed and are adequate for service/delivery trucks and trash trucks. The on-site circulation is very good based on our review of the proposed site plan, whereas the alignment, spacing, and throating of the Project driveways is adequate. The circulation around the buildings is adequate with sufficient sight distance along the drive aisles. 2-105 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 28 TABLE 9-1 PROJECT DRIVEWAY PEAK HOUR INTERSECTION CAPACITY ANALYSIS SUMMARY Key Intersection Intersection Control Time Period (1) Year 2019 Plus Project Traffic Conditions Delay LOS A. Project Driveway 1 at Fourth Street One-Way Stop AM 21.0 s/v C PM 18.9 s/v C B. Tustin Avenue at Project Driveway 2 One-Way Stop AM 12.2 s/v B PM 15.4 s/v C C. Tustin Avenue at Project Driveway 3 One-Way Stop AM 15.2 s/v C PM 19.8 s/v C Notes:  Bold Delay/LOS values indicate adverse service levels based on the Cities LOS standards  s/v = seconds per vehicle 2-106 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 29 10.0 RECOMMENDED INTERSECTION IMPROVEMENTS For those intersections where projected traffic volumes are expected to result in unacceptable operating conditions, this report recommends (identifies) improvement measures that change the intersection geometry to increase capacity. These capacity improvements involve roadway widening and/or re-striping to reconfigure (add lanes) to specific approaches of a key intersection. The identified improvements are expected to:  mitigate the impact of existing traffic, Project traffic and future non-project (ambient traffic growth and cumulative project) traffic and  improve Levels of Service to an acceptable range and/or to pre-project conditions. 10.1 Existing Plus Project Traffic Conditions The results of the intersection capacity analysis presented previously in Table 8-1 shows that the proposed Project will not significantly impact any of the four (4) key study intersections under the “Existing Plus Project” traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 10.2 Year 2019 Plus Project Traffic Conditions The results of the intersection capacity analyses presented previously in Table 8-2 shows that the proposed Project will not significantly impact any of the four (4) key study intersections under the “Year 2019 Plus Project” traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 2-107 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 30 11.0 CONGESTION MANAGEMENT PROGRAM (CMP) COMPLIANCE ASSESSMENT This analysis is consistent with the requirements and procedures outlined in the current Orange County Congestion Management Program (CMP). The CMP requires that a traffic impact analysis be conducted for any project generating 2,400 or more daily trips, or 1,600 or more daily trips for projects that directly access the CMP Highway System (HS). Per the CMP guidelines, this number is based on the desire to analyze any impacts that will be 3.0% or more of the existing CMP highway system facilities’ capacity. However, as noted in this focused traffic study, the proposed Project is expected to generate a net of 878 daily trips, and thus does not meet the criteria required for a CMP traffic analysis. Therefore, it is concluded that the proposed Project will not have any significant traffic impacts on the Congestion Management Program Highway System. 2-108 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 31 12.0 STATE OF CALIFORNIA (CALTRANS) METHODOLOGY In conformance with the current Caltrans Guide for the Preparation of Traffic Impact Studies, existing and projected AM and PM peak hour operating conditions at the two (2) state-controlled study intersections within the study area have been evaluated using the Highway Capacity Manual 6th Edition operations method of analysis. These state-controlled locations include the following intersections: 3. SR- 55 Ramps at Fourth Street 4. SR-55 NB Ramps at Fourth St/Irvine Blvd Caltrans “endeavors to maintain a target LOS at the transition between LOS “C” and LOS “D” on State highway facilities”; it does not require that LOS “D” (shall) be maintained. However, Caltrans acknowledges that this may not always be feasible and recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. For this analysis, LOS D is the target level of service standard and will be utilized to assess the project impacts at the state-controlled study intersections. 12.1 Highway Capacity Manual (HCM) Method of Analysis (Signalized Intersections) AM and PM peak hour operating conditions for the key study intersections were evaluated using the methodology outlined in Chapter 19 of the Highway Capacity Manual 6 (HCM 6) for signalized intersections. Based on the HCM operations method of analysis, level of service for signalized intersections and approaches is defined in terms of control delay, which is a measure of the increase in travel time due to traffic signal control, driver discomfort, and fuel consumption. Control delay includes the delay associated with vehicles slowing in advance of an intersection, the time spent stopped on an intersection approach, the time spent as vehicles move up in the queue, and the time needed for vehicles to accelerate to their desired speed. LOS criteria for traffic signals are stated in terms of the control delay in seconds per vehicle. The LOS thresholds established for the automobile mode at a signalized intersection are shown in Table 12-1. 2-109 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 32 TABLE 12-1 LEVEL OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS (HCM 6 METHODOLOGY)9 Level of Service (LOS) Control Delay Per Vehicle (seconds/vehicle) Level of Service Description A < 10.0 This level of service occurs when progression is extremely favorable and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. B > 10.0 and < 20.0 This level generally occurs with good progression, short cycle lengths, or both. More vehicles stop than with LOS A, causing higher levels of average delay. C > 20.0 and < 35.0 Average traffic delays. These higher delays may result from fair progression, longer cycle lengths, or both. Individual cycle failures may begin to appear at this level. The number of vehicles stopping is significant at this level, though many still pass through the intersection without stopping. D > 35.0 and < 55.0 Long traffic delays At level D, the influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, long cycle lengths, or high v/c ratios. Many vehicles stop and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. E > 55.0 and < 80.0 Very long traffic delays This level is considered by many agencies to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths and high v/c ratios. Individual cycle failures are frequent occurrences. F  80.0 Severe congestion This level, considered to be unacceptable to most drivers, often occurs with over saturation, that is, when arrival flow rates exceed the capacity of the intersection. It may also occur at high v/c ratios below 1.0 with many individual cycle failures. Poor progression and long cycle lengths may also be major contributing factors to such delay levels. 9 Source: Highway Capacity Manual 6, Chapter 19: Signalized Intersections. 2-110 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 33 12.2 Existing Plus Project Traffic Conditions – Caltrans Methodology Table 12-2 summarizes the existing plus project peak hour HCM level of service results at the two (2) state-controlled study intersections within the study area. The first column (1) of HCM/LOS values in Table 12-2 presents a summary of existing traffic conditions. The second column (2) presents existing plus project traffic conditions. The third column (3) indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. The fourth column (4) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 12.2.1 Existing Traffic Conditions Review of column (1) of Table 12-2 indicates that all two (2) state-controlled study intersections currently operate an acceptable LOS C or better during the AM and PM peak hours. 12.2.2 Existing Plus Project Traffic Conditions Review of columns (2) and (3) of Table 12-2 indicates that traffic associated with the proposed Project will not significantly impact any of the two (2) state-controlled study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Appendix E presents the Caltrans level of service calculation worksheets for the two (2) state- controlled study intersections. 2-111 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 34 12.3 Year 2019 Traffic Conditions – Caltrans Methodology Table 12-3 summarizes the Year 2019 peak hour HCM level of service results at the two (2) state- controlled study intersections within the study area. The first column (1) of HCM/LOS values in Table 12-3 presents a summary of existing traffic conditions. The second column (2) presents Year 2019 cumulative traffic conditions based on existing intersection geometry, but without any project generated traffic. The third column (3) presents future forecast traffic conditions with the addition of Project traffic. Column four (4) indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. The fifth column (5) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 12.3.1 Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) cumulative traffic conditions indicates that with the addition of ambient traffic growth and related projects traffic, both state-controlled study intersections currently operate an acceptable LOS C or better during the AM and PM peak hours. 12.3.2 Year 2019 Cumulative Plus Project Traffic Conditions Review of columns (3) and (4) of Table 12-3 indicates that traffic associated with the proposed Project will not significantly impact any of the two (2) state-controlled study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Appendix E presents the Caltrans level of service calculation worksheets for the two (2) state- controlled study intersections. 2-112 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 35 TABLE 12-2 EXISTING PLUS PROJECT PEAK HOUR INTERSECTION CAPACITY ANALYSIS - CALTRANS Key Intersection Time Period (1) Existing Traffic Conditions (2) Existing Plus Project Traffic Conditions (3) Impact (4) Existing Plus Project Plus Improvements Traffic Conditions HCM (s/v) HCM (s/v) HCM (s/v) LOS Yes/No HCM (s/v) LOS 3. SR-55 SB Ramps at Fourth Street AM PM 25.8 C 25.9 C No -- -- 22.3 C 22.3 C No -- -- 4. SR-55 NB Ramps at Fourth Street/Irvine Blvd AM PM 22.6 C 22.7 C No -- -- 21.0 C 21.1 C No -- -- Notes:  s/v = seconds per vehicle 2-113 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 36 TABLE 12-3 YEAR 2019 PEAK HOUR INTERSECTION CAPACITY ANALYSIS - CALTRANS Key Intersection Time Period (1) Existing Traffic Conditions (2) Year 2019 Cumulative Traffic Conditions (3) Year 2019 Cumulative Plus Project Traffic Conditions (4) Impact (5) Year 2019 Cumulative Plus Project Plus Improvements Traffic Conditions HCM (s/v) LOS HCM (s/v) LOS HCM (s/v) LOS Yes/No HCM LOS 3. SR-55 SB Ramps at Fourth Street AM PM 25.8 C 32.7 C 32.8 C No -- -- 22.3 C 25.0 C 25.0 C No -- -- 4. SR-55 NB Ramps at Fourth Street/Irvine Blvd AM PM 22.6 C 26.9 C 27.0 C No -- -- 21.0 C 27.0 C 27.1 C No -- -- Notes:  s/v = seconds per vehicle 2-114 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 37 12.4 Recommended Improvements – Caltrans Methodology 12.4.1 Existing Plus Project Traffic Conditions The results of the Caltrans assessment presented previously in Table 12-2 shows that the proposed Project will not significantly impact either of the two (2) key study intersections under the “Existing Plus Project” traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 12.4.2 Year 2019 Plus Project Traffic Conditions The results of the Caltrans assessment presented previously in Table 12-3 shows that the proposed Project will not significantly impact either of the two (2) key study intersections under the “Year 2019 Plus Project” traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 2-115 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 38 13.0 ROADWAY SEGMENT EVALUATION Per City of Santa Ana requirements, this section of the report analyzes the daily operating conditions of the key roadway segment within the vicinity of the proposed Project. One (1) key roadway segment within the City of Santa Ana has been selected for evaluation and is listed below: A. Tustin Avenue, between Fourth Street and First Street (Santa Ana) 13.1 Roadway Link Capacities Daily operating conditions for the one (1) key roadway segment (links) identified above have been investigated according to the daily volume-to-capacity (V/C) of each link. The daily V/C relationship is used to estimate the LOS of the roadway segment with the volume based on 24-hour traffic count data and the capacity based on the Orange County Master Plan of Arterial Highways (MPAH) street classifications. The daily and peak hour roadway link capacity of each street classification according to the Orange County MPAH is presented in Table 13-1, along with the six corresponding service levels and associated V/C ratios. 13.2 Roadway Link Level of Service Criteria According to the City of Santa Ana, LOS D is the minimum acceptable condition that should be maintained for roadway segments. However, the City of Santa Ana has defined exceptions to this criteria in major development areas where LOS E is considered acceptable. LOS “D” Requirements A. Tustin Avenue, between Fourth Street and First Street If the daily roadway V/C ratio results in unacceptable LOS conditions, a peak hour link analysis is conducted to determine if the roadway operates at a satisfactory service level during the peak hours. 2-116 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 39 TABLE 13-1 ROADWAY LINK CAPACITIES10 Facility Type Number of Lanes Level of Service Criteria With Associated Roadway Capacity Daily Values (VPD) Peak Hour Capacity (VPH)11 Level of Service (LOS) A B C D E F Principal 8-lanes divided 45,000 52,500 60,000 67,500 75,000 -- 7,500 Major 6-lanes divided 33,900 39,400 45,000 50,600 56,300 -- 5,630 Primary 4-lanes divided 22,500 26,300 30,000 33,800 37,500 -- 3,750 Divided Collector 2-lanes divided 9,000 12,000 15,000 20,000 22,000 -- 2,200 Secondary 4-lanes undivided 15,000 17,500 20,000 22,500 25,000 -- 2,500 Commuter 2-lanes undivided 7,500 8,800 10,000 11,300 12,500 -- 1,250 V/C Ratio ≤ 0.600 0.601-0.700 0.701-0.800 0.801-0.900 0.901-1.000 ≥ 1.01 Notes:  VPD = vehicles per day  VPH = vehicles per hour 10 Source: Most current Orange County Master Plan of Arterial Highways. 11 Peak hour capacity based on 10% of the daily LOS “E” capacity. 2-117 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 40 13.3 Roadway Link Analysis Results 13.3.1 Existing Plus Project Analysis Table 13-2 summarizes the results of the Existing Plus Project daily analysis for the one (1) key roadway segment. The first column (1) shows the number of lanes, the second column (2) shows the arterial classification and the third column (3) shows the existing LOS “E” capacity. The fourth column (4) shows the daily volume, V/C ratio and resulting level of service for “Existing” traffic conditions. The fifth column (5) shows the daily volume, V/C ratio and resulting level of service for “Existing Plus Project” traffic conditions and indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. Existing Traffic Conditions Review of column (4) of Table 13-2 indicates that the one (1) key roadway segment currently operates at LOS A. Existing Plus Project Traffic Conditions Review of column (5) of Table 13-2 indicates that the one (1) key roadway segment is forecast to continue to operate at an acceptable service level on a daily basis with the addition of Project generated traffic to existing traffic and will not have a significant impact. 2-118 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 41 TABLE 13-2 EXISTING PLUS PROJECT ROADWAY SEGMENT LEVEL OF SERVICE SUMMARY Key Roadway Segment (1) No. of Existing Lanes (2) Arterial Classification (3) Existing Capacity at LOS “E” (4) Existing Traffic Conditions (5) Existing Plus Project Traffic Conditions Daily Volume V/C Ratio LOS Daily Volume V/C Ratio LOS Increase Impact (Yes/No) A. Tustin Avenue, between Fourth Street and First Street 5D Major 46,90012 17,315 0.369 A 18,153 0.387 A 0.018 No 12 Major 5-lane LOS E capacity was interpolated between Major 6-lane and Primary 4-lane arterials. 2-119 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 42 13.3.2 Year 2019 Plus Project Analysis Table 13-3 summarizes the results of the Year 2019 Plus Project daily analysis for the one (1) key roadway segment. The first column (1) shows the number of lanes, the second column (2) shows the arterial classification and the third column (3) shows the existing LOS “E” capacity. The fourth column (4) shows the daily volume, V/C ratio and resulting level of service for “Year 2019 Cumulative” traffic conditions. The fifth column (5) shows the daily volume, V/C ratio and resulting level of service for “Year 2019 Cumulative Plus Project” traffic conditions and indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) background traffic conditions indicates that the addition of ambient traffic growth and cumulative projects traffic will not adversely impact the one (1) key roadway segment. The one (1) key study roadway segment is forecast to continue to operate at acceptable LOS A on a daily basis with the addition of ambient traffic growth and cumulative projects traffic. Year 2019 Cumulative Plus Project Traffic Conditions Review of column (5) of Table 13-3 indicates that traffic associated with the proposed Project will not significantly impact the one (1) key roadway segment, when compared to the LOS standards specified in this report. The one (1) key roadway segment is forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. 2-120 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 43 TABLE 13-3 YEAR 2019 CUMULATIVE PLUS PROJECT ROADWAY SEGMENT LEVEL OF SERVICE SUMMARY Key Roadway Segment (1) No. of Existing Lanes (2) Arterial Classification (3) Existing Capacity at LOS “E” (4) Year 2019 Cumulative Traffic Conditions (5) Year 2019 Cumulative Plus Project Traffic Conditions Daily Volume V/C Ratio LOS Daily Volume V/C Ratio LOS Increase Impact (Yes/No) A. Tustin Avenue, between Fourth Street and First Street 5D Major 46,90013 22,716 0.484 A 23,554 0.502 A 0.018 No 13 Major 5-lane LOS E capacity was interpolated between Major 6-lane and Primary 4-lane arterials. 2-121 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 44 14.0 SUMMARY OF FINDINGS AND CONCLUSIONS  Project Description – The Project site is comprised of two parcels and is currently occupied by an existing gas station building and car wash at 325 N. Tustin Avenue and a sit-down restaurant at 301 N. Tustin Avenue. The site is generally located south of Fourth Street and east of Tustin Avenue. Both properties are located in the Professional (P) zoning district. 301 N. Tustin Avenue has a General Plan land use designation of Professional & Administrative Office (PAO) and 325 N. Tustin has the General Plan land use designation of General Commercial (GC). As proposed, the Project requires approval of a general plan amendment to change the land use designation from PAO to GC, zone change from P to Commercial General (C2) and a conditional use permit for the proposed drive-through services. The Project will include the development of a commercial building with a drive-through and a gas station convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 7,417 square-feet (SF) commercial building with drive-through to replace a 4,200 sit-down restaurant and a 2,778 SF gas service station convenience store to replace the existing gas station building and car wash. Please note that the proposed Project will provide internal access between the two parcels.  Study Scope – The following four (4) key study intersections and one (1) key roadway segment were selected for detailed peak hour and daily V/C / level of service analyses under Existing Traffic Conditions, Existing Plus Project Traffic Conditions, Year 2019 Cumulative Traffic Conditions and Year 2019 Cumulative plus Project: Key Study Intersections 1. Tustin Avenue at Fourth Street (Santa Ana) 2. Tustin Avenue at First Street (Tustin) 3. SR-55 SB Ramps at Fourth Street (Santa Ana/Caltrans) 4. Sr-55 NB Ramps at Fourth Street/Irvine Boulevard (Tustin/Caltrans) Key roadway segment A. Tustin Avenue, between Fourth Street and First Street (Santa Ana)  Existing Traffic Conditions – Three (3) of the four (4) key study intersections currently operate at an acceptable level of service during the AM and PM peak hours for the Existing traffic conditions. The exception is SR-55 SB Ramps at Fourth Street, which currently operates at unacceptable LOS E during the AM peak hour.  Project Trip Generation – With the application of existing trip credits, the proposed Project is forecast to generate a new of 878 daily trips, a net of 81 (42 inbound, 39 outbound) AM peak hour trips, and a net of 52 (21 inbound, 31 outbound) PM peak hour trips.  Cumulative Projects Traffic Characteristics – Twenty-four (24) cumulative projects were considered as part of the cumulative background setting. The twenty-four (24) cumulative 2-122 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 45 projects are forecast to generate 30,720 daily trips, with 2,501 trips (1,176 inbound, 1,325 outbound) anticipated during the AM peak hour and 2,962 trips (1,506 inbound, 1,456 outbound) produced during the PM peak hour.  Existing Plus Project Traffic Conditions – The proposed Project will not significantly any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic under the Existing Plus Project traffic conditions.  Year 2019 Cumulative Traffic Conditions Plus Project –Traffic associated with the proposed Project will not significantly impact any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019.  Site Access Assessment – The three (3) proposed Project driveways under near-term (Year 2019) traffic conditions at completion and full occupancy of the proposed Project. As shown, these key study intersections are forecast to operate at LOS C or better during the AM peak hour and PM peak hour.  Internal Circulation Evaluation – The on-site circulation was evaluated in terms of vehicle- pedestrian conflicts. Based on our review of the preliminary site plan, the overall layout does not create any unsafe vehicle-pedestrian conflict points and the driveway throating is sufficient such that access to parking spaces is not impacted by internal vehicle queuing/stacking. Curb return radii have been confirmed and are adequate for service/delivery trucks and trash trucks. The on- site circulation is very good based on our review of the proposed site plan, whereas the alignment, spacing, and throating of the Project driveways is adequate. The circulation around the buildings is adequate with sufficient sight distance along the drive aisles.  CMP Compliance Assessment – The proposed Project is expected to generate a net of 878 daily trips, and thus does not meet the criteria required for a CMP traffic analysis. Therefore, it is concluded that the proposed Project will not have any significant traffic impacts on the Congestion Management Program Highway System.  State of California (Caltrans) Analysis for Existing Plus Project Traffic Conditions– Based on the evaluation using Caltrans criteria, the proposed Project will not significantly impact either of the two (2) state-controlled study intersections. Both intersections are forecast to continue to operate at acceptable LOS C with the addition of project generated traffic under the Existing Plus Project traffic conditions. 2-123 LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 2-17-3881-1 Tustin Avenue Retail, Santa Ana N:\3800\2173881 - Tustin Avenue Retail, Santa Ana\Report\3881 - Tustin Avenue Retail, Santa Ana TIA 03-13-18.doc 46  State of California (Caltrans) Analysis for Year 2019 Plus Project Traffic Conditions– Based on the evaluation using Caltrans criteria, the proposed Project will not significantly impact either of the two (2) state-controlled study intersections. Both intersections are forecast to continue to operate at acceptable LOS C with the addition of project generated traffic under the Year 2019 Plus Project traffic conditions.  Existing Roadway Segment Evaluation – The one (1) key roadway segment currently operates at LOS A under Existing traffic conditions.  Existing Plus Project Roadway Segment Evaluation – The one (1) key roadway segment is forecast to continue to operate at an acceptable service level on a daily basis with the addition of Project generated traffic to existing traffic and will not have a significant impact.  Year 2019 Cumulative Plus Project Roadway Segment Evaluation – The proposed Project will not significantly impact the one (1) key roadway segment, when compared to the LOS standards specified in this report. The one (1) key roadway segment is forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. 2-124 1120 Bristol Street  Suite 120  Costa Mesa  CA 92688  P. 714 850-7575 F. 714 850-7576 A rchitecture Planning Interiors Meeting Notes Neighborhood Meeting Tustin Ave. Retail Meeting Date: 12-13-16 Meeting Location: El Ranchito Restaurant, Santa Ana Attendees: (See attached for attendance list) Yoon Hee Choe, D.D.S. (Neighbor to the south) Maribel Martinez (Looking for space to lease) Paul S. Gregory (Business operator across the street) The following are the notes from the meeting held to present the Tustin Ave. Retail project to the surrounding neighbors. No negative comments received. Dr. Choe inquired if trees were to be planted along the property line. We responded that there would be. Ms. Martinez asked when the project would be completed and indicated she might be interested in leasing space in the building. Mr. Gregory asked when the restaurant would be shutting down. Sincerely, Bundy-Finkel Architects Richard Finkel, A.I.A. 2-125 Atlantic Square Starbucks - CDs February 19, 2018 Page 2 2-126 TUSTIN AVENUE RETAIL DEVELOPMENT SITE PLAN EXHIBIT 10 2-127 TUSTIN AVENUE RETAIL DEVELOPMENT ELEVATIONS – BUILDING A EXHIBIT 11 2-128 TUSTIN AVENUE RETAIL DEVELOPMENT ELEVATIONS – BUILDING B EXHIBIT 11 2-129 This page left blank intentionally. 2-130 3-1 3-2 3-3 3-4 3-5 3-6 Resolution No. 2018-xx Page 1 of 5 LS 09.24.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2018-09, AS CONDITIONED, TO ALLOW A 15-FOOT TALL FREESTANDING SIGN FOR THE BRISTOL PLACE SHOPPING CENTER LOCATED AT 3300 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. Greg Fick (Applicant) is requesting approval of Variance No. 2018-09 for the installation of a 15-foot tall freestanding sign for the Bristol Place Shopping Center at the property located at 3330 South Bristol Street. B. Pursuant to Section 41-862(c)(2) of the Santa Ana Municipal Code (SAMC); no freestanding sign shall exceed seven (7) feet in height. Subsequently, Section 41-862(c)(3) of the SAMC allows freestanding signs to be constructed up to a height of 15 feet for any development site of 15 acres or more. The Applicant is requesting a variance to allow the new freestanding sign to a height of 15 feet, as the subject site is only 12.7 acres in size. C. Variance No. 2018-09 came before the Planning Commission on September 24, 2018, for a duly noticed public hearing. Variance No. 2018- 09 would allow the installation of a new 15-foot freestanding sign for the integrated shopping center located at 3300 South Bristol Street. D. The Planning Commission determines that for Variance No. 2018-09 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 1.That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provision of this chapter. The project site has special circumstances related to size and surroundings. The site is located at the southwest corner of the Bristol Street and Alton Avenue intersection. As EXHIBIT 1 3-7 Resolution No. 2018-xx Page 2 of 5 the Bristol Street corridor is a major arterial street, vehicles travel at a higher speed than non-arterial streets. Allowing the sign to exceed the seven-foot height will promote superior visibility for advertising for vehicles traveling the corridor. The size of the shopping center is close to the 15 acres that is required to allow the proposed 15-foot tall freestanding sign. Surrounding developments of a similar size and use already provide taller signs that make the center more visible to patrons. Approval of the variance would create opportunities on the project site to advertise the services provided by the tenants, while the revitalization of the site through tenant improvements is occurring. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The ability to provide additional signable area and visibility to customers of the shopping center will allow the tenants to remain competitive with surrounding businesses. Additionally, granting the variance also allows the property owner the ability to preserve substantial property rights since the development of the site has always been an integrated shopping center since 1986, and has always maintained the property in compliance with all requirements of the SAMC. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. The sign is intended to be consistent with the surrounding integrated shopping centers. The sign will not incorporate any flashing or moving elements that may distract motorists or passersby. Additionally, the structure of the sign is designed to be consistent with the materials and color schemes of those used in the facades of the buildings in the development. Moreover, the site is located in an exclusively commercial area with residential communities located in the immediate vicinity, but at a distance from the proposed sign location. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed signage is consistent with several goals of the 3-8 Resolution No. 2018-xx Page 3 of 5 General Plan. Approval of the variance supports Policies 2.7 and 2.8 (to promote land uses which enhance the City’s economic and fiscal viability) and Policies 4.3, 4.4, and 4.5 of the Land Use Element (to protect and enhance development sites that are unique community assets). In addition, approval of the variance is consistent with the intent and purpose of Goals 1 and 2 of the Urban Design Element (to improve the physical appearance of the City through creating a sense of place, positive community image, and quality environment, and to improve the physical appearance of the City through development that is proportional and aesthetically related to its district setting). Furthermore, approval of the variance supports Objective 2.3 of Goal 2 of the Scenic Corridor Element (to use scenic corridors to provide identity, form, and an orientation framework for the City). E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The sign in question will be consistent with other signs already in place for the surrounding shopping centers in the area. In addition, the shopping center is already served by municipal services, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2018-45 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. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2018-09 for 3300 South Bristol Street as conditioned in Exhibit A, 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 Staff reports and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. 3-9 Resolution No. 2018-xx Page 4 of 5 ADOPTED this ____ day of September, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September ___, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3-10 Resolution No. 2018-xx Page 5 of 5 EXHIBIT A Conditions of Approval for Variance No. 2018-09 Variance No. 2018-09 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1.All proposed site improvements must conform to the Site Plan Review approval of DP No. 2018-05. 2.Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 3.Applicant will be responsible for regular maintenance of the freestanding sign, and all other signage provided on-site. 4.All on-site improvements shall be completed prior to the issuance of the building permit for the sign. 5.Prior to issuance of a building permit for the 15-foot freestanding sign, an updated sign program must be submitted and approved. 3-11 This page left blank intentionally. 9/12/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 VAR NO. 2018-09 BRISTOL PLACE MONUMENT SIGN3300 SOUTH BRISTOL STREET EXHIBIT 2 - VICINITY ZONING AND AERIAL VIEW © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 3-12 VAR No. 2018-09 BRISTOL PLACE MONUMENT SIGN 3300 SOUTH BRISTOL STREET SITE PHOTO EXHIBIT NO. 3 3-13 VAR No. 2018-09 BRISTOL PLACE MONUMENT SIGN 3300 SOUTH BRISTOL STREET SITE PLAN EXHIBIT NO. 4 3-14 VAR No. 2018-09 BRISTOL PLACE MONUMENT SIGN 3300 SOUTH BRISTOL STREET ELEVATIONS EXHIBIT NO. 5 3-15 4-1 4-2 4-3 4-4 1 LS 9.24.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE INCLUDING SECTIONS: 41-45, 41- 198.200 AND 41-1346 (CYBER CAFÉ STANDARDS), 41-199 (LAUNDROMAT STANDARDS), 41-765 (CONFORMANCE TO CITYWIDE DESIGN GUIDELINES), 41-196 (ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES), 41-194 AND 41-194.1 (ACCESSORY DWELLING UNITS), 41-1341 (DRIVE- THROUGH STANDARDS) AND 41-766 (INTERPRETATION OF CHAPTER REGULATIONS) OF THE SANTA ANA MUNICIPAL CODE 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. Various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to State and Federal laws. In a continuing effort to establish high-quality development standards and to create a user-friendly environment for residents and the business community within the City, the Planning Division is proposing revisions to various sections of Chapter 41 of the SAMC. B. After a thorough analysis of the current code requirements in the City, staff identified several sections of the code for amendments necessary to ensure clear, uniform, and legally consistent regulations. The proposed amendments will enable the City to implement a regulatory framework that protects the health, safety and welfare of the City and limits undue strain on homeowners, business operators and developers. C. On September 24, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2018-04. D. The City Council, on October 16, 2018, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. 4-5 2 E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action of decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41-45 (Cyber cafe) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-45. – Cyber cafe. Cyber cafe shall mean an establishment that provides more than six (6) four (4) or more computers and/or other electronic devices for access to the Internet, e-mail, video games or computer software programs which are networked (via LAN or WAN) or which function as a client/server program, and which seeks compensation in any form from users. Cyber cafe is synonymous with PC cafe, internet cafe or cyber centers, but does not include a cyber learning centers as defined in Section 41-46. or recreational or entertainment uses as defined in Section 41-142. Section 4. Section 41-194 (Purpose) and Section 41-194.1 (Definitions) of Chapter 41 of the SAMC are hereby amended to read as follows: Sec. 41-194. – Accessory Dwelling Units – Purpose. The purpose of this section is to provide reasonable regulations for the development of accessory dwelling units on residentially zoned properties on lots developed or proposed to be developed with single-family residential dwellings. Such regulations are intended to mitigate potential impacts to neighborhoods and comply with the goals and policies of the City's General Plan and comply with requirements codified in the State Planning and Zoning Law related to accessory dwelling units in residential areas, including California Government Code Section 65852.2. Sec. 41-194.1. – Definitions. As used in this section, the following words, terms or phrases have the following meanings: (1). “Attached accessory dwelling unit” means a residential unit that is attached to or located within the living area of an existing primary dwelling unit and that provides independent living, sleeping, eating, a single kitchen 4-6 3 for cooking, and sanitation facilities for one (1) or more persons. An attached accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1. (2). "Detached accessory dwelling unit" means a residential dwelling unit that is detached from the primary dwelling unit and that provides independent living, sleeping, eating, a single kitchen for cooking, and sanitation facilities for one (1) or more persons. A detached accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in Section 18007. (3). "Existing accessory structure" means an accessory structure, as defined in this chapter, that is fully enclosed and which was legally established and existing prior to adoption of this ordinance. (4). "Existing garage" means a building or portion of a building designed or used for parking or storage of motor vehicles that was legally established and existing prior to adoption of this ordinance. (5). "Living area" is defined as the interior habitable area of a dwelling unit, but not including a garage or any accessory structure. (6). "Primary dwelling" means an existing single-family residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities occupied and intended for one (1) household. Section 5. Section 41-196 (Establishments selling alcoholic beverages) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-196. – Establishments selling alcoholic beverages. (a) Conditional use permit required. Except as provided in subsection (b), no establishment may sell alcoholic beverages for either on-site or off-site consumption unless a conditional use permit has been approved for such establishment pursuant to Article V of this Chapter. Prior to the public hearing for the approval of said conditional use permit, the establishment must be in compliance with all provisions of Chapter 41. (b) Land use certificates for incidental alcohol sales. A land use certificate may be issued pursuant to the requirements of Section 41-675 for an establishment which serves alcoholic beverages for either on-site or off- site consumption only if the establishment falls within one (1) of the following categories: (1) Club or lodge establishments where admittance is limited to members and guests invited by members and where the sale of 4-7 4 alcoholic beverages is clearly incidental to other activities conducted on the premises. (2) Florists shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (c) Alcohol storage and display area for off-sale establishments. No off-sale establishment under ten thousand (10,000) square feet shall have a combined alcohol storage and display area that exceeds five (5) per cent of the gross floor area of the store area. (d) Separation requirement for off-sale establishments under ten thousand (10,000) square feet. No off-sale establishment may be granted a conditional use permit for the sale of alcoholic beverages if any of the following conditions apply: (1) The proposed establishment is within one thousand (1,000) linear feet of an existing off-sale alcohol license as measured from the primary entrance of one (1) establishment to the primary entrance of the other establishment. (2) The proposed establishment is within one thousand (1,000) linear feet of any property used as a school primarily attended by minors, for a church or for park purposes as measured from the door of one (1) establishment to the door of the other use(s). (3) The proposed establishment is determined to be over concentrated by the State Department of Alcohol Beverage Control as defined in Business and Professions Code Section 23958.4. (e) Finding of public convenience or necessity for off-sale establishments under ten thousand (10,000) square feet located within an area of undue concentration. If the proposed off-sale establishment is located within an area deemed to have an undue concentration of off-sale alcohol licenses pursuant to the State Department of Alcoholic Beverage Control, the city may, at its discretion, prepare a letter of public convenience or necessity to allow the alcohol license pursuant to the process contained in Section 41-645.5. However, the conditions in subsections (2) (1) and (3) (2) of Section 41-196(d) may not be waived. (f) Operational standards for off-sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196: (1) No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. EXHIBIT 1 4-8 5 (2) 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. (6) 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. (8) 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. (9) 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. (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 4-9 6 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 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. (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. (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 4-10 7 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 SAMC 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. (g) Operational standards for on-sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196(a). (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 4-11 8 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 7:00 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 twenty-one (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 twenty- one (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. (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 twenty-five (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. 4-12 9 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 twenty-five (25) per cent of window coverage. Floor displays shall not exceed three (3) feet in height. (12) There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one (1) drink, get one (1) free", "two (2) for the price of one (1)", 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 ("SAMC") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond twenty (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 SAMC 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. (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 twenty-four (24) hours of being applied. 4-13 10 (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: (a) 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 limit/potential 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. (f) 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. 4-14 11 (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 (5) per cent of the gross floor area of the licensed establishment. Section 6. Section 41-198.200 (Cyber Cafes) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-198.200. – Cyber cafes. Notwithstanding any other provisions of this chapter, cyber cafes may be conducted in any C1, C2, C4, and C5 zones, provided they are carried on in accordance with the limitations hereinafter set forth, and provided a ministerial land use certificate is first obtained in accordance with Sections 41-675 through 41-677 of this Code. Cyber cafes shall not be permitted in a special district or a specific plan unless explicitly set forth as a permissible use. (a) Operational Standards. (1) Minors (under eighteen (18) years of age) shall not be permitted to enter or remain in a cyber cafe during the following periods unless accompanied by a parent or legal guardian: a. Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week; b. Saturday and Sunday after 10:00 p.m. c. The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city. d. Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two (2) inches in size. (2) The cyber cafe shall not be open to customers, patrons or any member of the public between the hours of 12:00 a.m. to 7:00 a.m. 4-15 12 (3) "No loitering" signs shall be posted at the front and rear of the business. In addition, a waiting area with not less than eight (8) seats shall be provided for customers waiting to use a computer. No outside waiting or seating area is permitted. (4) No person shall be permitted to consume alcohol on the premises. (5) Employees shall be at least twenty-one (21) years of age. There shall be a minimum of one (1) employee managing the cyber cafe during all working hours. If the business has more than thirty (30) computers, the business is required to add one (1) additional employee for every additional thirty (30) computers, or portion thereof, and for every thirty (30) computers thereafter, or any portion thereof. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name. (6) Occupancy shall not exceed that required under the California Building Code and California Fire Code, and the maximum occupancy load shall be posted at the main entrance. (7) The establishment shall maintain and operate a camera/video surveillance system with recording capability during all business hours. The system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera/video surveillance system shall be capable of delineating on playback of the system the activity and physical features of persons or areas within the premises. a. Tapes/disks shall be kept a minimum of seventy-two (72) hours. b. The business owner shall permit the city to inspect the tapes/disks during business hours. The system shall be maintained in good working order, including the running of the tape/disks. c. A sign shall be posted inside and at the entrance to the establishment indicating that the premises are under camera/video surveillance. (8) The business owner shall submit and receive approval of a fire exit plan from Orange County Fire Authority (OCFA). The plan shall address all existing requirements of the California Building Code and California Fire Code. This includes, but is not limited to, 4-16 13 providing an exiting plan showing equipment location, aisle locations and dimensioned widths, and having approved exit doors and panic hardware. (9) Any adult entertainment business is prohibited unless specifically approved pursuant to the requirements of Chapter 41, Article XVII of this Code. (10) Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times so as to allow an unimpaired line of sight by a police officer. (11) The business operator, at his/her expense shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing, and Saturday through Sunday between 12:00 p.m. and closing. a. The Chief of Police is authorized to require a specific owner/operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang related activity, weapons offenses, disturbances, and juvenile related crime, including truancy, or other good cause. b. Any decision of the Chief of Police may be appealed to the City Council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the Chief of Police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the Chief of Police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day. c. All appeals shall be in writing and on forms provided by the Planning and Building Agency and shall specify wherein there was any error of decision or requirement by the Chief of Police. Furthermore, a copy of such appeal shall be filed with the Planning Division and the Clerk of the Council. d. Upon receipt of such appeal, the Planning Division shall set the matter for hearing by the City Council. e. The City Council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any 4-17 14 additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the Clerk of the Council, and the Planning Division; one (1) copy thereof shall be sent to the applicant. (12) Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) foot-candle of light. Interior lighting shall be at maintained at a minimum of thirty (30) foot-candles of light. (13) No exterior pay phones shall be permitted. (14) No pool tables or other amusement devices not directly related to Internet computer devices shall be permitted. (15) No gaming tournaments for cash prizes shall be permitted. (16) Booths, stalls, or partitioned portions of a room shall have at least one side open to an adjacent public area or aisle so that the area inside the booth, stall or partitioned portion of a room is visible to persons in the adjacent public area or aisle and shall not exceed four (4) feet in height. The side open to the public area or aisle shall not have a door, curtain or other device capable of blocking visibility into the interior of the booth, stall or partitioned portion of a room. (17) Under no circumstances shall computers, electronic game machines and other devices, be used for illegal gaming or gambling. Illegal gaming or gambling includes, without limitation, computer contests or sweepstakes games deemed to be gambling under statute or case law. The business operator shall be responsible for ensuring customers do not use any electronic game machine or device for illegal gaming or gambling. (18) Adequate trash receptacles both inside and outside the establishment shall be provided. The business operator shall keep the outside of the business establishment, including the parking lot, free of litter, trash and debris at all times. (19) The Planning Division shall be notified, in writing, of any changes to the business location, floor plan and/or business name at least thirty (30) days prior to such changes. (b) Abatement of Nuisance. Any cyber café operated, conducted or maintained contrary to the provisions of this section shall be and hereby is 4-18 15 declared to be unlawful and a public nuisance, and the City may, in addition to or in lieu of any other remedy, commence an action or proceeding for the abatement, removal or enjoining thereof, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief to abate or remove such establishment and restrain and enjoin any person from operating, conducting or maintaining a cyber cafe contrary to the provisions of this code. (c) Penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. Any person violating, permitting or causing the violation of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in Chapter 1.10 of this code, or any successor provision thereto. Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of any provision of this section is committed, continued or permitted by such person and shall be deemed punishable therefor as provided in this section. As an alternative enforcement method, violations of this section may be addressed through the use of an administrative citation as set forth in Sections 1-21.1 through 1-21.9 of this code. Section. 7 Section 41-199 (Laundromats) of Chapter 41 of the SAMC is hereby amended to read as follows: Section 41-199. – Laundromats. Laundromats may be permitted in the C1, C2, C4 and C5 districts subject to the issuance of a conditional use permit. Laundromats are not permitted in any other use district unless explicitly set forth as a permissible use. Laundromats shall comply with the following development and performance operational standards: (a) Minors (under eighteen (18) years of age) shall not be permitted to enter or remain in a cyber cafe during the following periods unless accompanied by a parent or legal guardian: (1) Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week; (2) Saturday and Sunday after 10:00 p.m. (3) The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city. 4-19 16 (4) Notice of these hours of restriction for minors shall be posted at the entrance in lettering of at least two (2) inches in size. (b) The cyber cafe shall not be open to customers, patrons or any member of the public between the hours of 12:00 a.m. to 7:00 a.m. (c) "No loitering" signs shall be posted at the front and rear of the business. In addition, a waiting area with not less than eight (8) seats shall be provided for customers waiting to use a computer. No outside waiting or seating area is permitted. (d) No person shall be permitted to consume alcohol on the premises. (e) Employees shall be at least twenty-one (21) years of age. There shall be a minimum of one (1) employee managing the cyber cafe during all working hours. If the business has more than thirty (30) computers, the business is required to add one (1) additional employee for every additional thirty (30) computers, or portion thereof, and for every thirty (30) computers thereafter, or any portion thereof. During each employee's working hours, the employee shall wear a badge identifying the business and the employee's full name. (f) Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance. (g) The establishment shall maintain and operate a camera/video surveillance system with recording capability during all business hours. The system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera/video surveillance system shall be capable of delineating on playback of the system the activity and physical features of persons or areas within the premises. (5) Tapes/disks shall be kept a minimum of seventy-two (72) hours. (6) The business owner shall permit the city to inspect the tapes/disks during business hours. The system shall be maintained in good working order, including the running of the tape/disks. (7) A sign shall be posted inside and at the entrance to the establishment indicating that the premises are under camera/video surveillance. 4-20 17 (h) The business owner shall submit and receive approval of a fire exit plan from the city's fire department. The plan shall address all existing requirements of the uniform building code and uniform fire code. This includes, but is not limited to, providing an exiting plan showing equipment location, aisle locations and dimensioned widths, and having approved exit doors and panic hardware. (i) Any adult entertainment business is prohibited unless specifically approved pursuant to the requirements of Chapter 41, Article XVII of this Code. (j) Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times so as to allow an unimpaired line of sight by a police officer. (k) The business operator, at his/her expense shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing, and Saturday through Sunday between 12:00 p.m. and closing. (8) The chief of police is authorized to require a specific owner/operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang related activity, weapons offenses, disturbances, and juvenile related crime, including truancy, or other good cause. (9) Any decision of the chief of police may be appealed to the city council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the chief of police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the chief of police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day. (10) All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the chief of police. Furthermore, a copy of such appeal shall be filed with the planning department and the clerk of the council. (11) Upon receipt of such appeal, the planning department shall set the matter for hearing by the city council. 4-21 18 (12) The city council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the planning department; one (1) copy thereof shall be sent to the applicant. (l) Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) foot- candle of light. Interior lighting shall be at maintained at a minimum of thirty (30) foot-candles of light. (m) No exterior pay phones shall be permitted. (n) No pool tables or other amusement devices not directly related to Internet computer devices shall be permitted. (o) No gaming tournaments for cash prizes shall be permitted. (a) Storefront windows shall be of full-length type. The vertical plane of the glazing shall extend from the top of the floor or bulkhead to the top of the finished ceiling height. Bulkheads, if provided, shall be a maximum of one (1) foot in height above the finished floor level. The horizontal plane shall extend completely across the storefront except where shear panels are required by the Building code. (b) Glazing material must be approved by the Planning Division and the Police Department for color and tint. Tint must not exceed ten (10) percent. Reflective glass is not permitted. (c) Interior lighting must be approved by the Police Department. The minimum level shall be one (1) foot-candle per Santa Ana Municipal Code. (d) All service counters, seating areas, service sinks and coin-operated dispenser machines must not create an obstructed view of the entire interior assembly space. No displays, posters or other obstructive material shall be installed on or near the storefront windows. (e) No public telephones shall be located within the laundromat. (f) No electronic video games, billiard games or other gaming devices shall be allowed within the laundromat. 4-22 19 (g) No laundromat use may be initiated within three hundred (300) feet of any individual tenant space having more than five (5) percent of its floor area used for electronic video games or other gaming devices. (h) Public restrooms shall be locked at all times and available only through the request of the attendant on duty. (i) Service corridors shall be locked during all normal business hours. Storage/access doors shall be one and three-quarter (1 ¾) inches thick and secured with an approved dead bolt and non-removable hinge pins. (j) Rear exits are prohibited unless required by either the California Building Code or the California Fire Code. When required, rear exit doors shall be kept in a locked closed position and shall have panic hardware. (k) Hours of operation shall be restricted to 7:00 a.m. to 10:00 p.m. (l) A sign prohibiting loitering on the premises in accordance with Section 10- 96 of this code shall be kept posted on the premises at all times. (m) The exterior parking area must be illuminated to a minimum of one (1) foot-candle for sixty (60) feet horizontally in all directions from the laundromat tenant space. (n) One (1) employee shall be present during the hours of operation. Section 8. Section 41-765 (Approval of building permits) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-765. – Approval of building permits. Each application for a building permit shall be referred to the Planning Department Division whereupon such application shall be approved or disapproved by the Planning Manager or his or her designee as to conformance with the provisions of this chapter and with applicable design guidelines as adopted by City Council and amended from time to time. No building permit shall be issued until such application has been approved by the Planning Division department. However, the issuance of a building permit under this chapter or any other provisions of this code shall not be deemed or construed to permit or authorize any violation of any provisions of this chapter, or any other ordinance or law of the city. 4-23 20 Section 9. Section 41-766 (Interpretation of chapter) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-766. – Interpretation of chapter regulations. The Planning Manager shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Chapter. In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort and general welfare. Whenever the Planning Manager determines that the meaning or applicability of any of the requirements of this Chapter are subject to interpretation generally, or as applied to a specific case, the Planning Manager may issue an official interpretation or refer the question to the Planning Commission for determination. If ambiguity arises concerning the appropriate classification of a particular use or regulation within the meaning and intent of this Chapter with respect to any matters regulated by this Chapter based on established or unforeseen circumstances, including technological changes in processing or application of materials, the Planning Manager shall have the power to interpret the regulation based on understanding of this Chapter. Applicants may appeal the Planning Manager’s interpretation to the Planning Commission for review and interpretation, which shall be final; thereafter, such interpretation shall govern. Section 10. Section 41-1341 (Restaurants, cafes, etc.) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1341. – Restaurants, cafes, etc. (a) The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows: eight (8) spaces for each one thousand (1,000) square feet of gross floor area and open-air dining area except that an open-air dining area no greater than twenty-five (25) per cent of the gross floor area of the restaurant, or one thousand (1,000) square feet, whichever is smaller, is exempt from a parking requirement. (b) Each drive-through eating establishment shall have vehicular stacking lanes of at least eighty (80) feet from the center of the pick-up window or pay window, whichever is first to the menu board; and to the order point, and eighty (80) feet from the order point or menu board to the beginning of the drive-through lane. to the end of the drive-through lane. Such stacking lanes shall be located so that they do not serve as entries to parking spaces. 4-24 21 Section 11. Section 41-1346 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follow: Sec. 41-1346. – Reserved Cyber cafes. The minimum off-street parking requirements for cyber cafes are as follows: eight (8) spaces for each one (1,000) square feet of gross floor area. Section 12. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 this 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 sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this ______ day of ______________, 2018. _______________________ 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 __________________________________ 4-25 22 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-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, 2018 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 4-26