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HomeMy WebLinkAboutAGENDA PACKET_05-14-18City of Santa Ana Planning Commission Meeting Agenda MAY 14, 2018 CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California 5:30 P.M. MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative ERIC ALDERETE Ward 1 Representative LYNNETTE VERINO Ward 2 Representative KENNETH NGUYEN Ward 3 Representative PHIL BACERRA Ward 4 Representative BEATRIZ MENDOZA Ward 6 Representative The Planning Commission Agenda can be found online at http://www.ci.santa-ana.ca.us/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 TELECONFERENCE INFORMATION: Commissioner Alderete will participate in the meeting via telephone conference from Kimpton Epic Hotel, 270 Biscayne Boulevard Way, Miami, Florida, 33131. The agenda will be posted at the teleconference location and the meeting will be conducted in a manner that protects the rights of any party or member of the public appearing before the legislative body. REVISED 5/10/2018 PLANNING COMMISSION AGENDA 1 MAY 14, 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, commissi ons, 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 Cale ndar 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 MAY 14, 2018 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA MAY 14, 2018 5:30 P.M. CALL TO ORDER CHAIR MCLOUGHLIN COMMISSION MEMBERS ALDERETE, BACERRA, CONTRERAS-LEO, MENDOZA, NGUYEN, VERINO ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - 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 APRIL 23, 2018 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * ** 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 MAY 14, 2018 PUBLIC HEARING 1.SITE PLAN REVIEW NO. 2017-09 AND DENSITY BONUS AGREEMENT NO. 2017-02 TO ALLOW THE CONSTRUCTION OF A 552-UNIT MIXED-USE AFFORDABLE RESIDENTIAL COMMUNITY WITH 10,000 SQUARE FEET OF COMMERCIAL SPACE LOCATED AT 2110 AND 2114 EAST FIRST STREET {STRATEGIC PLAN NOS. 3, 2; 3, 5} – Ali Pezeshkpour, Case Planner Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Staff has requested the matter be continued to a Special Meeting. Continue the matter to a Special Meeting to be RECOMMENDED ACTIONS: determined at a later date. 2. CONDITIONAL USE PERMIT NO. 2017-34 AND 2017-35 TO ALLOW AFTER-HOURS OPERATION UNTIL 2:00 A.M. AND THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT MAIN SPORTS GRILL LOCATED AT 2531 SOUTH MAIN STREET, JOSEPH M. RODRIGUEZ, APPLICANT {STRATEGIC PLAN NOS. 3, 2 } – Escarlet Mar, Case Planner Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. RECOMMENDED ACTIONS: 1.Adopt a resolution approving Conditional Use Permit No. 2017-34 to allow after- hours operation until 2:00 a.m. 2.Adopt a resolution approving Conditional Use Permit No. 2017-35 to allow the sale of alcoholic beverages for on-premise consumption. 3. CONDITIONAL USE PERMIT NO. 2018-07 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT A GUS’S WORLD FAMOUS FRIED CHICKEN PROPOSED AT 102 NORTH SYCAMORE STREET– THERESA BRENNAN, APPLICANT {STRATEGIC PLAN NOS. 3, 2} –Ivan Orozco, Case Planner 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. PLANNING COMMISSION AGENDA 4 MAY 14, 2018 Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. RECOMMENDED ACTION: Adopt a resolution approving Conditional Use Permit No. 2018-07. 4. CONDITIONAL USE PERMIT NO. 2018-08 TO ALLOW AN EXISTING 58-FOOT TALL WIRELESS COMMUNICATION FACILITY LOCATED AT 2907 SOUTH CRODDY WAY – SBA MONARCH TOWERS III, LLC, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 5 } – Escarlet Mar, Case Planner Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. RECOMMENDED ACTION: Adopt a resolution approving Conditional Use Permit No. 2018-08 as conditioned. 5. CONDITIONAL USE PERMIT NO. 2018-09 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT FURAIBO RESTAURANT LOCATED AT 3396 SOUTH BRISTOL STREET, TAIT AND ASSOCIATES, APPLICANT {STRATEGIC PLAN NOS. 3, 2} –Jerry Guevara, Case Planner Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. RECOMMENDED ACTION: Adopt a resolution approving Conditional Use Permit No. 2018-09. 6. CONDITIONAL USE PERMIT NO. 2018-10 TO ALLOW AN EXISTING 53-FOOT TALL WIRELESS COMMUNICATION FACILITY LOCATED AT 2555 SOUTH MAIN STREET - SBA MONARCH TOWERS III, LLC, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 5}– Escarlet Mar, Case Planner Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. RECOMMENDED ACTION: Adopt a resolution approving Conditional Use Permit No. 2018-10 as conditioned. * * * END OF BUSINESS CALENDAR * * * PLANNING COMMISSION AGENDA 5 MAY 14, 2018 COMMENTS 7. STAFF COMMENTS 8. PLANNING COMMISSION MEMBER COMMENTS ADJOURNMENT - In observance of Memorial Day, the meeting schedule for May 28 will be cancelled. The next meeting of the Planning Commission is scheduled for Monday, June 11, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS  Metro East Mixed Use Overlay Zone  TM2018-01_1514 N English Street  CUP2018-11_1606 S Standard Ave (La Bahia De Acapulco)  CUP2018-06_2407 S Bristol (IHOP)  Work Study: Brown Act Information Session 1 PLANNING COMMISSION MINUTES April 23, 2018 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA April 23, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:33 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE PHIL BACERRA MARK MCLOUGHLIN, Chair CYNTHIA CONTRERAS-LEO, Vice-Chair BEATRIZ MENDOZA (left at 7:10 p.m.) KENNETH NGUYEN LYNNETTE VERINO COMMISSIONERS Absent: None. STAFF Present: VINCE FREGOSO, Acting Planning Manager LISA STORCK, Assistant City Attorney JASON GABRIEL, Principal Civil Engineer TAIG HIGGINS, Principal Civil Engineer ALI PEZESHKPOUR, Case Planner IVAN OROZCO, Case Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE VICE CHAIR CONTRERAS-LEO PUBLIC COMMENTS (on non-agenda items) The following community members spoke in opposition to the project located at 2525 N. Main Street: Carol Park Dale Helvig Lisa Ganz CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A-B. MOTION: Bacerra SECOND: Nguyen VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (7) A-1 2 PLANNING COMMISSION MINUTES April 23, 2018 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A. MINUTES FROM THE REGULAR MEETING OF APRIL 9, 2018 MOTION: Approve Minutes as amended. B. EXCUSED ABSENCES MOTION: Excuse the absence of commission members: None. * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS 1. FISCAL YEAR 2018-2019 CAPITAL IMPROVEMENT PROGRAM Principal Civil Engineer Gabriel provided a presentation which included information on the following:  Funding allocation  Upcoming projects  Traffic improvements  Utility improvements  City facility improvements  Featured programs  CIP project tracking  CIP outreach plan Commission discussion ensued regarding funding sources, automated water meters, previous-year budget, and zoo accreditation. MOTION: Adopt a resolution finding the Fiscal Year 2018-2019 Capital Improvement Program consistent with the Santa Ana General Plan. MOTION: Verino SECOND: Bacerra VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A-2 3 PLANNING COMMISSION MINUTES April 23, 2018 PUBLIC HEARINGS 2. AMENDMENT APPLICATION NO. 2018-02 TO ALLOW A ZONE CHANGE FROM RESIDENTIAL (R1) TO OPEN SPACE (O) AND GENERAL PLAN AMENDMENT NO. 2018-02 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL (LR-7) TO INSTITUTIONAL (INS) FOR THE MATER DEI HIGH SCHOOL PARKING STRUCTURE EXPANSION PROJECT LOCATED AT 1202 WEST EDINGER AVENUE– PATRICK MURPHY, APPLICANT Legal notice published in the Orange County Reporter on April 13, 2018 and notices mailed on April 13, 2018. At the request of the applicant, the matter was continued from the meeting held on April 9, 2018 by a vote of 7:0. The following disclosures were made: Commissioner Bacerra spoke with Mike Tardif in regards to the matter. Chair McLoughlin spoke with the applicant in regards to the matter. Acting Planning Manager Fregoso provided a presentation which included a description of the project, project background, project analysis, and reviewed the elements of the amendment to the Development Agreement. Discussion ensued regarding public improvements, security of the alley, and provisions for the proposed parking structure. Commission asked why the Development Agreement was brought forward for consideration when it is not land use related. Staff indicated that the code requires the Commission to review Development Agreements. The applicant spoke in support of the matter and addressed concerns regarding security of the alley and graffiti. Chair McLoughlin opened the Public Hearing. The following spoke on the matter: Annette Santoyo spoke in opposition; concerned with graffiti, illegal activity and speeding. Angel Bravo indicated he had a positive experience with the Developer. Armando Maldonado spoke in opposition; concerned with traffic congestion during construction, security of alley, and dust from construction activities. Chuck Dobson spoke in favor of the project. Luis Eulloqui spoke in opposition; concerned with dust from construction activities, traffic congestion, and lack of security. Gabriel Avelar spoke in opposition; concerned with lack of security, loitering, dust from construction activities, traffic congestion, and placement of parking structure exit. A-3 4 PLANNING COMMISSION MINUTES April 23, 2018  Richard Garcia spoke in opposition; concerned with traffic congestion, speeding, lack of security, and loitering.  Mike Tardif spoke in support of the project. There were no other speakers and the hearing was closed. Commission discussion ensued regarding traffic calming measures, increase in communication to the surrounding neighborhood, a dust mitigation plan, a security plan for the parking structure, and expected project completion date. Commissioner Bacerra introduced a motion to approve Recommended Actions No. 2 and No. 3 but make no recommendation on Recommended Action No. 1. Commissioner Nguyen seconded the motion. Commissioner Verino introduced a substitute motion to approve the matter as recommended by staff. Vice Chair Contreras-Leo seconded the motion. Vote was taken by roll call. SUBSTITUTE MOTION: Recommend that the City Council: 1. Deny the Third Amendment to Development Agreement No. 1999-01 (DA No. 2015-02) for the Mater Dei High School campus expansion project. 2. Adopt an ordinance approving Amendment Application No. 2018-02. 3. Adopt a resolution approving General Plan Amendment No. 2018-02. MOTION: Verino SECOND: Contreras-Leo VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Mendoza, Verino (6) NOES: Nguyen (1) ABSTAIN: None (0) ABSENT: None (0) Motion passes. Original motion not voted upon. *Commissioner Mendoza left the meeting at 7:10 p.m. and did not return. 3. CONDITIONAL USE PERMIT NO. 2016-32 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION FOR EL CORTIJO GRILL LOCATED AT 413 WEST SEVENTEENTH STREET, UNITS 106 AND 107 – BLANCA YEPEZ, APPLICANT A-4 5 PLANNING COMMISSION MINUTES April 23, 2018 Legal notice published in the Orange County Reporter on April 13, 2018 and notices mailed on April 13, 2018. Case Planner Orozco provided a presentation which included a description of the project, project background, project analysis, and provided an analysis of the issues. Discussion ensued regarding unpermitted signage. The applicant spoke in support of the matter. Chair McLoughlin opened the Public Hearing. The following spoke on the matter: Richard Garcia spoke in opposition; alleged that applicant holds unpermitted events in banquet halls. There were no other speakers and the hearing was closed. Further discussion ensued regarding the allegations against applicant, the ABC license application process, and possibly continuing the matter in order to investigate the allegation. Applicant denied the allegations and informed the Commission that she did not intend to hold special events at this particular site. MOTION: Adopt a resolution approving Conditional Use Permit No. 2016-32. MOTION: Verino SECOND: Alderete VOTE: AYES: Alderete, Bacerra, Contreras-Leo, McLoughlin, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Mendoza (1) ***END OF BUSINESS CALENDAR*** WORK STUDY SESSION 4.UPDATE ON CURRENT PLANNING PROJECTS Matter continued from the meeting held on April 9, 2018. Senior Planner Pezeshkpour provided a presentation which included information on Current Planning staff, duties, and projects. The following community members spoke in opposition to the project located at 2525 N. Main Street. *The project was listed as a current project in the presentation. A-5 6 PLANNING COMMISSION MINUTES April 23, 2018  Cathy Morehead  Dale Helvig  Andrew Ganahl  Kelly Medina  Sylvia Livingston  Rory Kirk ***END OF WORK STUDY SESSION*** COMMENTS 5. STAFF COMMENTS: Acting Planning Manager Fregoso announced that the new Executive Director, Minh Thai, will start on May 1. 6. PLANNING COMMISSION MEMBER COMMENTS: Commissioner Nguyen  Thanked staff for their work. Commissioner Bacerra  Thanked Case Planner Guevara for his work on the Elks Lodge project.  Requested that a Work Study session on the project located at 2525 N. Main Street be presented at least one month before it is brought forward to the Commission for consideration.  Inquired about a code amendment to reduce parking. Chair McLoughlin  Commented on the need for City staff to also consider the impacts of projects in nearby cities on Santa Ana residents. ADJOURNED – 8:12 P.M. - The next meeting of the Planning Commission is scheduled for Monday, May 14, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-6 2-1 2-2 2-3 2-4 2-5 2-6 2-7 This page left blank intentionally. Resolution No. 2018-xx Page 1 of 8 LS 5.14.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-34 AS CONDITIONED TO ALLOW THE HOURS OF OPERATION TO EXTEND TO 2:00 A.M., AND CONDITIONAL USE PERMIT NO. 2017-35 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT MAIN SPORTS GRILL LOCATED AT 2531 SOUTH MAIN 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. Joseph M. Rodriguez (“Applicant”) is requesting approval of Conditional Use Permit No. 2017-34 as conditioned to allow the facility to operate until 2:00 a.m., and Conditional Use Permit No. 2017-35 as conditioned to allow the sale of beer, wine and distilled spirits for on-premises consumption at an existing eating establishment located at 2531 South Main Street. B. Santa Ana Municipal Code Section 41-365.5(f) requires a conditional use permit for any eating establishment open any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption that is ancillary to the primary restaurant use. D. On March 12, 2018, the Planning Commission held a public hearing on Conditional Use Permit Nos. 2017-34 and 2017-35. The Planning Commission continued the matter to allow the Applicant time to comply with the Santa Ana Municipal Code (“SAMC”) and attend a Delhi neighborhood community meeting. E. On May 14, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time, considered all testimony, oral and written. EXHIBIT 1 2-8 Resolution No. 2018-xx Page 2 of 8 F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2017-34 to allow the after-hours operation until 2:00 A.M.: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The after-hours operations will provide an additional amenity to individuals that wish to have a late night meal. This will thereby benefit the community by providing a food-related amenity offering service past 12:00 midnight, which is consistent with that of other restaurants in the area. The Santa Ana Municipal Code has established operation standards to mitigate any potential problems created by the after-hours operation that will not negatively impact the surrounding community, such as requiring a full suitable kitchen and provide exterior lighting in compliance with Police Department requirements. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The after-hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. For example, the rear door is an exit-only door and no outdoor activities will be permitted that will disrupt the nearby residential land uses. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. The after-hours conditions limit operations to indoor activities after the midnight hour, therefore mitigating any outside ambient noise, as well as limiting the amplified sound within the building. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants. Moreover, the offering of after-hours will allow Main Sports Grill, an existing locally-owned restaurant, to remain economically viable and competitive with nearby full-service restaurants in the vicinity 2-9 Resolution No. 2018-xx Page 3 of 8 and contributes to the overall success of the City of Santa Ana. 4.That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishments operating after-hours pursuant to Chapter 41 of the Santa Ana Municipal Code. The establishment will contain the necessary equipment to qualify as a bona fide eating establishment, and operational standards applicable to the proposed after-hours will prevent or mitigate any impacts from the restaurant onto adjacent properties. 5.That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of full- service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Main Sports Grill is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. G. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2017-35 to allow for the sale of alcoholic beverages for on-premises consumption: 1.That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential 2-10 Resolution No. 2018-xx Page 4 of 8 impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to those living or working in the area because operational standards applicable to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer beer, wine and distilled spirits for sale to their guests and provide a one-stop dining experience to its visitors. Moreover, the offering of alcoholic beverages will allow Main Sports Grill to remain economically viable and competitive with nearby full- service restaurants in the vicinity and contributes to the overall success of the City of Santa Ana. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and standards imposed on an eating establishment selling alcoholic beverages for on-premises consumption pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the eating establishment will utilize less than five (5) percent of the gross floor area for the display and/or storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. 2-11 Resolution No. 2018-xx Page 5 of 8 The proposed sale of alcoholic beverage for on-premises consumption at this location will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of full-service restaurants that offer alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Main Sports Grill is located in a commercial building and its operations will be compatible with the surrounding commercial businesses. H. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the after-hours operation and the on-premises sale of alcoholic beverages at a full-service restaurant within an existing structure. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no expansion of square footage is proposed. 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 Conditional Use Permit No. 2017-34 and Conditional Use Permit No. 2017-35, both conditioned as set forth in Exhibit A, attached hereto and incorporated 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 May 14, 2018, and exhibits attached thereto all of which are incorporated herein by this reference. 2-12 Resolution No. 2018-xx Page 6 of 8 ADOPTED this 14th day of May, 2018 by the following vote: 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 May 14, 2018. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 2-13 Resolution No. 2018-xx Page 7 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit Nos. 2017-34 and 2017-35 Conditional Use Permit No. 2017-34 to allow after-hours operation until 2:00 a.m. and Conditional Use Permit No. 2017-35 to allow the sale of alcoholic beverages for on- premises consumption at 2531 South Main Street.are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by these conditional use permits. The Applicant must remain in compliance with all conditions listed below throughout the life of each conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1.CUP No. 2017-35 allows alcoholic beverage sales for on-premises consumption at a “Bona Fide Public Eating Place.” Any “Public Premises” Alcoholic Beverage Control (ABC) license owned by the Applicant, tenant, successor in interest, and/or property owner may not be operated at the subject site. 2.Any and all existing or new lighting on the building’s exterior must be maintained in good working order. 3.All exterior lightning will be directed towards the restaurant and/or sidewalk and not towards other properties. 4.Prior to release of the Alcohol Beverage Control (ABC) license, the Applicant shall construct a trash/recycling enclosure on-site in full compliance with all applicable current City standards and shall obtain a sign permit for any on-site signage. 5.Onsite landscaping shall be maintained in accordance with all applicable SAMC and Citywide Design Guideline requirements at all times. 6.CUP Nos. 2017-34 and 2017-35 shall be reviewed after one (1) year, at which time a memo shall be prepared for the Planning Commission detailing any and all code enforcement and/or Police Department (PD) activity on-site. 7.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 2-14 Resolution No. 2018-xx Page 8 of 8 ordered at various hours of the day in order to maintain an on-premises Alcoholic Beverage Control license for an eating establishment. 8.The rear door will be an exit-only door and no outdoor activities are permitted. 9.Prior to release of the Alcohol Beverage Control (ABC) license, the Entertainment permit application for the restaurant shall be approved. 2-15 CUP No. 2017-34 AND CUP No. 2017-35 MAIN SPORTS GRILL (Front/West Elevation) 2531 SOUTH MAIN STREET Exhibit 2 2-16 CUP No. 2017-34 AND CUP No. 2017-35 MAIN SPORTS GRILL (Rear/East Elevation) 2531 SOUTH MAIN STREET Exhibit 3 2-17 1/4/2018 . http://apps.spatialstream.com/production/dashboard/8/8/2/CurrentBuild//html/Reporting.html 1/1 CUP 2017-34 & 2017-35 Main Sports Grill2531 South Main Street Exhibit 3 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2-18 CUP No. 2017-34 AND CUP No. 2017-35 MAIN SPORTS GRILL 2531 SOUTH MAIN STREET Exhibit 5 2-19 CUP No. 2017-34 AND CUP No. 2017-35 MAIN SPORTS GRILL 2531 SOUTH MAIN STREET Exhibit 6 2-20 2-21 2-22 2-23 2-24 2-25 2-26 2-27 2-28 Exhibit 8 - Site Chronology • June 1973- Subject building constructed. • August 1973- The Bobkin Bar opens for business. • May 1975- The Bobkin begins offering beer, wine, and distilled spirits through a Type 48 Alcoholic Beverage Control (ABC) license (public premise/bar). • March 1982- ABC license exchanged from a Type 48 to a Type 47 (beer, wine and distilled spirits with food sales). • April 1985- ABC license returned to a Type 48. • March 1991- Lalo’s Place begins operation. • May 2007- The Bobkin reopens. • July 2008 - The Bobkin vacates the premise, although Business License records indicate that business license fees continue to be paid. • November 2016-An illegal marijuana dispensary is reported at the subject location. • November 2016- First notice of violation issued to illegal marijuana dispensary. • February 2017- Second notice of violation issued to illegal marijuana dispensary. • May 2017- The Bobkin cancels ABC license Type 48. • May 2017- Elizabeth Helguero signs commercial lease agreement to occupy the subject building. • June 2017- Main Sports Grill restaurant begins operation without required City permits. • August 2017- Third notice of violation issued to illegal marijuana dispensary. • December 2017- Conditional use permit applications submitted for Main Sports Grill. • January 2018- City and State staff conduct site visits and discovers the restaurant is open for business and selling alcoholic beverages without required City permits. • January 2018- Main Sports Grill certificate of occupancy application is submitted. Pending occupancy inspection, restaurant closes for business. 2-29 •January 2018- An application for a Category 4 Entertainment Permit is submitted for review. •February 2018- Elizabeth Helguero submits building permit applications to construct a new trash and recycling enclosure, restripes the parking lot, landscapes and removes all debris from subject site. •March 2018- Planning Commission first public hearing held; item continued until further date pending a list of additional information requested by Commissioners as outlined in Table 3. •March 2018- Main Sports Grill restaurant applies for a Type 47 ABC license. The Type 48 ABC license will need to be surrendered or canceled to comply with all Santa Ana Municipal Code regulations. 2-30 2-31 Exhibit 10 – Community Meeting Notes The applicant’s representatives attended a Delhi neighborhood community meeting at the Delhi Community Center on April 4, 2018 where the applicant’s representatives presented the project and received feedback from the community. Approximately 20 residents and business owners attended the meeting. The questions and comments of those in attendance are outlined below, with information on how the project was revised to address concerns. 1.Will the business only cater to adults? The business will cater to all age groups and provide a family environment for everyone to attend. 2.Is the proposed business a restaurant or a bar? The proposed business will operate as a restaurant and is requesting an ABC license to sell alcoholic beverages for on-premise consumption (Type 47 – beer, wine, and distilled spirits) that requires food sales. 3.Will the business have a security guard during business hours? If so, will this security guard carry a concealed weapon? A security guard will be on site at all times during business hours and will only carry a taser, pepper spray, and handcuffs. 4.The rear portion of the building will become a nuisance to the adjacent single family residence and cause an increase in vehicle trips. The rear door of the business will only be an emergency exit and all patrons of the business will enter and exit from Main Street. Additional security cameras have been placed throughout the property to deter any public nuisance to the adjacent neighbors. 5.Concern about perceived public drinking and driving in the neighborhood. A request was made that the business owner help limit the number of drinks a patron may purchase to prevent patrons from being inebriated. Applicant clarified their track record with El Conejo Feliz in the city of Anaheim and stated they are committed to monitoring and ensuring the safety of the customers and neighborhood. 2-32 Exhibit 10 – Community Meeting Notes The applicant’s representatives attended a Delhi neighborhood community meeting at the Delhi Community Center on April 4, 2018 where the applicant’s representatives presented the project and received feedback from the community. Approximately 20 residents and business owners attended the meeting. The questions and comments of those in attendance are outlined below, with information on how the project was revised to address concerns. 1.Will the business only cater to adults? The business will cater to all age groups and provide a family environment for everyone to attend. 2.Is the proposed business a restaurant or a bar? The proposed business will operate as a restaurant and is requesting an ABC license to sell alcoholic beverages for on-premise consumption (Type 47 – beer, wine, and distilled spirits) that requires food sales. 3.Will the business have a security guard during business hours? If so, will this security guard carry a concealed weapon? A security guard will be on site at all times during business hours and will only carry a taser, pepper spray, and handcuffs. 4.The rear portion of the building will become a nuisance to the adjacent single family residence and cause an increase in vehicle trips. The rear door of the business will only be an emergency exit and all patrons of the business will enter and exit from Main Street. Additional security cameras have been placed throughout the property to deter any public nuisance to the adjacent neighbors. 5.Concern about perceived public drinking and driving in the neighborhood. A request was made that the business owner help limit the number of drinks a patron may purchase to prevent patrons from being inebriated. Applicant clarified their track record with El Conejo Feliz in the city of Anaheim and stated they are committed to monitoring and ensuring the safety of the customers and neighborhood. 2-33 3-1 3-2 3-3 3-4 LS 5.14.18 RESOLUTION NO. 2018-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-07 TO ALLOW THE ON- PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES AT GUS’S WORLD FAMOUS FRIED CHICKEN LOCATED AT 102 NORTH SYCAMORE STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2018-07 to allow an on-premises Alcoholic Beverage Control (ABC) license for the property located at 102 North Sycamore Street. B. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption of beer and wine service that is ancillary to the primary restaurant use. C. On May 14, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-07. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2018-07 to allow for the on-premises ABC license: 1.That the proposed use provides a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed sale of alcoholic beverages for on-premise consumption will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. Standards are applicable to the alcoholic beverage control license which will address any potential EXHIBIT 1 3-5 impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2.That the proposed use under the circumstances of the particular case not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to persons residing or working in the vicinity because operational standards in the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the sale of alcohol will be ancillary to the main use ensuring that Gus’s World Famous Fried Chicken continues to operate as a bona-fide restaurant. The site complements the adjacent commercial downtown land uses; providing retail opportunities while ensuring the health and safety of the residents working in the vicinity. The sale of alcohol in the restaurant will occur within the premises. All health codes and regulations will be followed, in addition to employee training programs focused on security, alcohol responsibility, and preventing the sale of alcoholic beverages to minors, which ensure that the alcohol sales are handled in a responsible manner. 3.That the proposed use does not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed sale of alcoholic beverages will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Conversely, the ABC license will enhance the economic viability of the downtown area and create a more attractive eating opportunity for visitors and residents in the community. Moreover, the offering of alcoholic beverages will allow Gus’s World Famous Fried Chicken to remain economically viable and contribute to the overall success of eating establishments in the downtown. 4.That the proposed use complies with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol license will be in compliance with all applicable regulations and operation standards found in Chapter 41 of the Santa Ana Municipal Code, including alcohol storage and display area set forth in Section 41- 196(g). Operation standards will ensure the project remains in compliance with all applicable codes and regulations 3-6 related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. The facility will be maintained as a full-service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five (5%) percent of the gross floor area for the display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. 5.That the proposed use not adversely affect the General Plan or any specific plan of the City. The proposed sale of alcoholic beverages will not adversely affect the General Plan. Restaurants that offer food and alcoholic beverages are permitted within the District Center (DC) General Plan land use designation. The project is consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which promotes land uses that enhance the City’s economic and fiscal viability and that mitigate any potential impacts such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses. Furthermore, the project is consistent with Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City’s needs for goods and services. The granting of this application is also consistent with Policy 5.5 of the Land Use Element, which encourages projects that are compatible with and supporting of surrounding land uses. Gus’s World Famous Fried Chicken is located in the downtown commercial area and its operations will be compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on-premises sale of beer and wine at a full-service restaurant within an existing structure. Categorical Exemption Environmental Review No. 2018-31 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 3-7 environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-07. 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 May 14, 2018, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of May, 2018 by the following vote: 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, Planning Commission 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 May 14, 2018. Date: ________________ ____________________________________ Planning Commission Secretary City of Santa Ana 3-8 CUP-2018-07, Gus's World Famous Fried Chicken102 North Sycamore Street Exhibit 2 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 3-9 CUP 2018-07 GUS’S WORLD FAMOUS FRIED CHICKEN 102 NORTH SYCAMORE STREET Exhibit 3 3-10 CUP 2018-07 GUS’S WORLD FAMOUS FRIED CHICKEN 102 NORTH SYCAMORE STREET Exhibit 4 3-11 CUP 2018-07 GUS’S WORLD FAMOUS FRIED CHICKEN 102 NORTH SYCAMORE STREET Exhibit 5 3-12 4-1 4-2 4-3 4-4 LS 5.14.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-08 AS CONDITIONED TO ALLOW A 58-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 2907 SOUTH CRODDY WAY 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. SBA Monarch Towers III, LLC (“Applicant”) is requesting approval of Conditional Use Permit (“CUP”) No. 2018-08 to renew the entitlements of an existing 58-foot tall major wireless communications facility disguised as a mono-tree located at 2907 South Croddy Way. B. On December 3, 2007, the Santa Ana City Council approved Conditional Use Permit No. 2007-20 to construct a 58-foot tall major wireless communication facility at subject location. C. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-198.10, a Conditional Use Permit is required for major wireless communications facilities established in the City of Santa Ana. D. SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed ten (10) years. E. As the current facility has approached its 10 years, the Applicant is required to apply for a new CUP in order to maintain the entitlements for the current facility. F. On May 14, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-08. G. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2018-08 to allow a 58-foot tall major wireless communication facility: EXHIBIT 1 4-5 1.That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The project will continue to provide a service or facility which will contribute to the community. The major wireless communication facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to T- Mobile services by providing cellular service and data coverage for its users within the vicinity. The issuance of a new conditional use permit will allow the provider to continue to provide a service to the surrounding community. 2.That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The issuance of a new conditional use permit to maintain a wireless facility at this location will not be detrimental to persons residing or working in the area as the facility will remain in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The facility, in conjunction with the onsite improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the facility’s location at the rear of the site will maintain and increase the economic stability for this industrial area by providing an additional service for business owners, workers, and residents in the area. 4.That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to comply with all provisions pertaining to the continuation of existing wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility will be stealthed by its design and surrounding landscape and will comply with other standards outlined in the SAMC. 5.That the proposed use will not adversely affect the General Plan or any specific plan of the City. The major wireless communication facility will not adversely affect the General Plan as cellular facilities that are designed 4-6 to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the facility. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments’ impacts. The mono-tree location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2.2 encourages land uses that accommodate the City’s needs for services. Maintaining a cell phone provider’s coverage in the area adds to the services that are readily available for business owners, workers, and residents in the immediate vicinity. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to renew an existing major wireless facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of the project. Categorical Exemption Environmental Review No. 2017-115 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-08, 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 Request for Planning Commission Action dated May 14, 2018, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 4-7 ADOPTED this 14th day of May, 2018 by the following vote: 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 May 14, 2018. Date: ________________ ____________________________________ Recording Secretary 4-8 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2018-08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. 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.The Applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2017-32). 2.The proposed facility shall be maintained as per approved plans and any existing landscaping shall be enhanced and well maintained. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. 3.The permit Applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 4.The permit Applicant will provide a “single point of contact” in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City’s designated representative after approval of the new CUP. 5.The permit Applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit Applicant to comply. 6.The major wireless facility shall be subject to any applicable California Building Code or federal requirements for seismic safety, retrofit, and/or upgrades as deemed necessary by the Building Division. 7.Conditional Use Permit No. 2018-08 expires 10 years from the date of Planning Commission approval. 4-9 This page left blank intentionally. 4-10 5/3/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 CUP No. 2018-8, SBA Monarch Tower wireless communication facility2907 South Croddy Way Exhibit 2- Vicinity Zoning and Aerial Way © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 4-11 12 / 2 1 / 2 0 1 7 4-12 EXHIBIT 3- SITE PHOTOS A-21 Je f f r ey Rome architecture | telecommunications 131 Innovation Drive; Suite 100 I r v i n e , C a l i f o r n i a 9 2 6 1 7 tel 949.760.3929 | fax 949.760.3931 ASSOCIATES 4-13 A-3 24 13 Je f f r ey Rome architecture | telecommunications 131 Innovation Drive; Suite 100 I r v i n e , C a l i f o r n i a 9 2 6 1 7 tel 949.760.3929 | fax 949.760.3931 ASSOCIATES 4-14 5-1 5-2 5-3 5-4 5-5 This page left blank intentionally. 5-6 LS 5.14.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-09 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT FURAIBO RESTAURANT LOCATED AT 3396 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. Joey Ly with Tait and Associates (“Applicant”), representing FuRaiBo Restaurant, is requesting approval of Conditional Use Permit No. 2018-09 to allow the sale of alcoholic beverages for on-premises consumption for the property located at 3396 South Bristol Street. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off-premises consumption. C. On May 14, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-09. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2018-09 to allow the sale of alcoholic beverages for on-premises consumption: 1.That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts EXHIBIT 1 5-7 created by the use and ensure that the use will not negatively affect the surrounding community. 2.That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. FuRaiBo is a bona-fide restaurant and the addition of alcohol will be ancillary to the main use. All of the operational standards identified in SAMC Sec. 41-196 will apply to this establishment. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises. 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that offer a full selection of alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow FuRaiBo restaurant to remain economically viable and compete with nearby full-service restaurants in the local vicinity and contribute to the overall success of the City of Santa Ana. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on- premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full-service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5%) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations 5-8 related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed sale of alcoholic beverages for on-premises consumption at this location will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of full-service restaurants that provide alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. FuRaiBo is located within a commercial center and its operation is compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on-premises sale of alcoholic beverages at a full-service restaurant and minor tenant improvements. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. 5-9 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-09 for the alcoholic beverage control license for the sale of alcohol on-premises for the project located at 3396 South Bristol Street. 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 May 14, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 14th day of May, 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, Commission 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 May 14, 2018. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 5-10 CUP No. 2018-09 for FuRaiBo 3396 S. Bristol Street Exhibit 2 – Vicinity Zoning & Aerial Map Ha r b o r B l v d Sunflower Ave 5-11 CUP No. 2018-09 for FuRaiBo 3396 S. Bristol Street Exhibit 3 – Site Photos 5-12 CUP No. 2018-09 for FuRaiBo 3396 S. Bristol Street Exhibit 4 – Site Plan Su b j e c t U n i t 5-13 CUP No. 2018-09 for FuRaiBo 3396 S. Bristol Street Exhibit 5 – Floor Plan Alcohol Storage/ Display Area 5-14 6-1 6-2 6-3 6-4 LS 5.14.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-10 AS CONDITIONED TO ALLOW A 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 2555 SOUTH MAIN 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. SBA Monarch Towers III, LLC (“Applicant”) is requesting approval of Conditional Use Permit No. 2018-10 to renew the entitlements of an existing 60-foot high major wireless communications facility disguised as a mono-pine tree located at 2555 South Main Street. B. On March 3, 2008, the Santa Ana City Council approved Conditional Use Permit No. 2007-17 to construct a 60-foot tall major wireless communication facility at the subject location. C. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-198.10, a Conditional Use Permit is required for major wireless communications facilities established in the City of Santa Ana. D. SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed ten (10) years. E. As the current facility has approached its 10 years, the Applicant is required to apply for a new CUP in order to maintain the entitlements for the current facility. F. On May 14, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-10. G. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit (“CUP”) pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2018-10 to allow a 60-foot tall major wireless communication facility: EXHIBIT 1 6-5 1.That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The project will continue to provide a service or facility which will contribute to the community. The major wireless communication facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to T- Mobile services by providing cellular service and data coverage for its users within the vicinity. The issuance of a new conditional use permit will allow the provider to continue to provide a service to the surrounding community. 2.That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The issuance of a new conditional use permit to maintain a wireless facility at this location will not be detrimental to persons residing or working in the area as the facility will remain in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The mono-pine, in conjunction with the onsite improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the facility’s location will maintain and increase the economic stability for this industrial area by providing an additional service for business owners, workers, and residents in the area. 4.That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to comply with all provisions pertaining to the continuation of existing wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility will be stealthed by its design and surrounding landscape and will comply with other standards outlined in the SAMC. 5.That the proposed use will not adversely affect the General Plan or any specific plan of the City. The major wireless communication facility will not adversely affect the General Plan as cellular facilities that are designed 6-6 to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the mono-pine. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments’ impacts. The mono-pine tree’s location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2.2 encourages land uses that accommodate the City’s needs for services. Maintaining a cell phone provider’s coverage in the area adds to the services that are readily available for business owners, workers, and residents in the immediate vicinity. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to renew an existing major wireless facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of the project. Categorical Exemption Environmental Review No. 2018-48 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-10, 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 Request for Planning Commission Action dated May 14, 2018, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 6-7 ADOPTED this 14th day of May, 2018 by the following vote: 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 May 14, 2018. Date: ________________ ____________________________________ Recording Secretary 6-8 EXHIBIT A Conditions of Approval Conditional Use Permit No. 2018-10 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. 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.The mono-pine shall be maintained per the following specifications: a.The mono-pine should have 3.1 branches per foot for a full density coverage with limited spacing between the branches- 70 percent of the branches should be eight-foot or longer. b.Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. c.There should be a minimum space of seven feet between the top of the antenna and the top of the branches. d.Branches should have an upward sweep similar to that of actual Canary Island Pine trees. e.Branch foliage color should be an olive green with some brown “needles” to match an actual Canary Island Pine tree. f.All antennas shall be covered with “pine antenna socks” that match the approved foliage color. g.All “stand-off mounts” and “support pipe mounts” shall be concealed behind antennas and painted a darker shade of green (or black) with a “flat” paint finish to reduce reflection and visibility of the mounting. 2.The proposed facility shall be maintained as per approved plans and any existing landscaping shall be enhanced and well maintained. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. 6-9 3.The permit Applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 4.The permit Applicant will provide a “single point of contact” in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City’s designated representative after approval of the new CUP. 5.The permit Applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit Applicant to comply. 6.The major wireless facility shall be subject to any applicable California Building Code or federal requirements for seismic safety, retrofit, and/or upgrades as deemed necessary by the Building Division. 7.Conditional Use Permit No. 2018-10 expires 10 years from the date of Planning Commission approval. 6-10 5/3/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 CUP No. 2018-10, SBA Monarch Towers wireless communication facility2555 South Main Street Exhibit 2- Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 6-11 6-12 EXHIBIT 3 - SITE PHOTOS A - 1 1 J e f f r e y R o m e a r c h i t e c t u r e | t e l e c o m m u n i c a t i o n s 1 3 1 I n n o v a t i o n D r i v e ; S u i t e 1 0 0 I r v i n e , C a l i f o r n i a 9 2 6 1 7 t e l 9 4 9 . 7 6 0 . 3 9 2 9 | f a x 9 4 9 . 7 6 0 . 3 9 3 1 A S S O C I A T E S 6 - 1 3 A - 2 1 J e f f r e y R o m e a r c h i t e c t u r e | t e l e c o m m u n i c a t i o n s 1 3 1 I n n o v a t i o n D r i v e ; S u i t e 1 0 0 I r v i n e , C a l i f o r n i a 9 2 6 1 7 t e l 9 4 9 . 7 6 0 . 3 9 2 9 | f a x 9 4 9 . 7 6 0 . 3 9 3 1 A S S O C I A T E S A N T E N N A S T O B E C O V E R E D B Y M A T C H I N G S O C K S . 6 - 1 4 A - 3 2 4 1 3 J e f f r e y R o m e a r c h i t e c t u r e | t e l e c o m m u n i c a t i o n s 1 3 1 I n n o v a t i o n D r i v e ; S u i t e 1 0 0 I r v i n e , C a l i f o r n i a 9 2 6 1 7 t e l 9 4 9 . 7 6 0 . 3 9 2 9 | f a x 9 4 9 . 7 6 0 . 3 9 3 1 A S S O C I A T E S 6 - 1 5 This page left blank intentionally. 6-16