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Home My WebLink About75B - PH - 7-11 1904 W 1ST STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: PUBLIC HEARING —APPEAL APPLICATION NO. 2019-02 FILED BY FIEDLER GROUP ON BEHALF OF 7-ELEVEN INC. (PROJECT APPLICANT) PERTAINING TO CONDITIONAL USE PERMIT NO. 2019-12 AND TO CONSIDER A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL REVIEW NO. 2017-140) AND AMENDMENT APPLICATION NO. 2019- 02 TO PERMIT THE ESTABLISHMENT AND CONSTRUCTION OF A 7-ELEVEN CONVENIENCE STORE AND GAS STATION AT 1904 WEST FIRST STREET AND TO CHANGE THE ZONING DESIGNATIONS OF THE PROPERTIES AT 1904, 1910 AND 1916 WEST FIRST STREET AND AT 1901 WEST WALNUT STREET FROM LIGHT INDUSTRIAL (M1) TO GENERAL COMMERCIAL (C2) AND 2002 WEST FIRST STREET FROM COMMUNITY COMMERCIAL (C1) TO GENERAL COMMERCIAL (C2). CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER It is recommended that the City Council take the following actions: Adopt a resolution denvina Appeal Application No. 2019-02 and upholding the Planning Commission's action on Conditional Use Permit No. 2019-12; 2. Adopt a resolution approving Environmental Review No. 2017-140 (adopting a Mitigated Negative Declaration (MND) and a Mitigation Monitoring and Reporting Program (MMRP)). 3. Introduce and approve the first reading of an Ordinance approving Amendment Application No. 2019-02 to change the zoning designations of the properties located at 1904, 1910 and 1916 West First Street and 1901 West Walnut Street from Light Industrial (M1) to General Commercial (C2) and 2002 West First Street from Community Commercial (Cl) to C2. 75B-1 Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 2 Alternatively, if the City Council desires to approve the appeal, a resolution has been prepared and is attached in Exhibit 3 to this report. Recommendations 2 and 3 above would remain unchanged. PLANNING COMMISSION ACTION & BACKGROUND On May 13, 2019, the Planning Commission held a public hearing regarding Conditional Use Permit (CUP) No. 2019-12, Variance No. 2019-01, and making a recommendation to the City Council approval of an MND and adoption of an MMRP (Environmental Review (ER) No. 2017- 140), and Amendment Application (AA) No. 2019-02 to facilitate the establishment and construction of a new 2,480-square-foot convenience store (7-Eleven) with an 810-square-foot gas station canopy with two fuel pumps at 1904 West First Street. During the public hearing, the applicant raised concerns with the proposed mitigation measures and conditions of approval. In response to those concerns, the Planning Commission continued the item to May 28, 2019, and subsequently to June 10, 2019, to allow time for the applicant to work with staff to resolve the concerns. On June 10, 2019, the Planning Commission by a vote of 7:0 approved the CUP and the Variance and recommended approval of the MND and zone change and added the two following conditions to CUP No. 2019-12: 1. There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi-annual basis to determine if the hours for security shall be reduced or expanded, and 2. The Franchisee shall be an active member of the Casa Bonita Neighborhood Association. On June 20, 2019, the applicant submitted an appeal application pursuant to Section 41-645 of the SAMC (Exhibit 1) to the City requesting that the City Council reconsider the Planning Commission's decision to add the above added conditions of approval. DISCUSSION & RECOMMENDATION ADDeal ADDlication No. 2019-02 Pursuant to Santa Ana Municipal Code (SAMC) Section 41-365.5, retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. require review and approval by the Planning Commission. On June 10, 2019, the Planning Commission approved CUP No. 2019-12 allowing the proposed 7-Eleven convenience store to operate on a 24-hours day, seven days a week basis as conditioned by staff and added the two additional conditions of approval as noted above due to the site's proximity to sensitive land uses and to further protect and preserve the health, safety and general welfare of the surrounding community. The applicant is requesting that the City Council overturn the Planning Commission's decision of adding the additional conditions of approval. In particular, the application states the following: 75B-2 Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 3 r a security guard from 6:00 1. [The] Planning PM, Crelated ssioncondition for PD toloreview n of the, requval irement semi-annually. However, to 1 O:oo this requirement has a severe economic impact to the viability and the potential success o the project (as discussed at the hearing). 2. [The] Franchisee should not be required to join a neighborhood association by conditions. It should be an option for the franchise but not a mandate, and 3. Consideration of this appeal should be made to the fact that written conditions of approval were provided only two (2) days before the appeal's deadline, making the determination supposed to related to the appeal difficult to get completed in time. We, as the appli have ten (10) days to determine whether to appeal or not, but instead had less than two (2) full days due to receiving said conditions late. The City Council, in its review of this appeal, must determine whether the findings for gran19-12. ting a AMC have been hed for CUP No. 20 CUP it identifiein Section 41-638 of the d uphold or overturn the decision of he PlanningsCommiss on, n whole or n The City part, based upon these findings. ented at the ing Based on the full record to date, including testi eal statement detailed more fully belowony and review pres nthe Commission public hearing and review of the app eal with substantial supporting Appeal application has not substantiated the reasons for the app evidence. Staff recommends that the the two conditions of approval and'trecommendsCouncil r that the CityCouncims the Planning l,deny the appeal and add approve the Amendment Application and related Environmental documents and findings. uiring an on -site security guard rom The top10 00 p.m. and semi annual review by the e added condition of e San a Ana Pol ce Department wi0ll ha ea a.m ct. The applicant negative not economic anypanalyss h to substantiatee viability and hhowo potential security, guard ewould negatively d applicant estimates that this will impact the operations of the store economically; however, the app' was genen ng an Commission on inrly orderst Of mitigate 2,350.00 loitering t anhe store. This d panhandl ngooccu occurrences on s to and Plan g commonly observed at 7-Eleven locations throughout the City. In addition, the Planning County's General Commission raised safety concerns due to the site' the se poroxi ity weto ere selected n order Relief Office and Social Services Office. In particular, ol from their homes and vices ver to provide ssnot uncommon. Thehey w Planning Commlk to ission believes that the condition will sprov provide condition additional security to a neighborhood surrounded by sensitive land uses and will further protect and preserve the health, safety and general welfare of the community. I to join a neighborhood not requirec The capon b also states thacondition. Th st condition the franchisee added dby the ePlannng Commission in order to asso Y ensure that the franchisee be an active participant of the Casa Bonita Neighborhood Association and r allow for franchisee open community dialogue between 7-Eleven and the general community. The Planning Commission believes that this condition ensures that impacts of the 7-Eleven convenience store and gas station can be addressed and resolved timely and will foster a solution oriented relationship between 7-Eleven and the community and as a result, allow for mutually acceptable solutions to be deeveelooppedd if negative impacts occur. Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 4 Lastly, the applicant states that consideration of this appeal should be made due to the fact that written conditions of approval were provided only two days before the appeal deadline. The applicant was in attendance during the Planning Commission public hearing on June 10, 2019 and was made aware of the conditions by the Planning Commission at the hearing and was provided appropriate time to file the appeal. Amendment Application (Zone Change) Approval of an Amendment Application is required for this project to rezone the subject property from Light Industrial (M1) to General Commercial (C2). The proposed change is consistent with the existing General Commercial (GC) General Plan Land Use designation and other properties along the First Street Corridor. The zone change will allow for a larger convenience store than what the M1 zone allows. The M1 zoning limits the size of convenience stores ancillary to service stations to 2,000 square feet. The proposed 7-Eleven is 2,480 square feet. In addition, as part of the review of this application, the City is also proposing to change the zoning designation of 1910 and 1916 West First Street and 1901 West Walnut Street from M1 to C2 and 2002 West First Street from Community Commercial (Cl) to C2 to ensure land use and zoning consistency for this street block on First Street. The 1998 General Plan land use map designates the subject properties as GC, with the C-2 designation being a compatible zoning district as identified in General Plan. The GC designation applies to commercial corridors in Santa Ana including those located along First Street. The GC districts are key components in the economic development of the city and provide visible and accessible commercial developments along the city's transportation corridors. In addition, the GC land use designation is intended to provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment and education. The GC designation is also intended to provide support facilities and services for industrial areas such as office and retail. restaurants and various other services. Figure 1: Existing Zoning Designation Map Note: Subject properties are circled in orange box Community Commercial (Cl) General Commercial (C2) Figure 2: Proposed Zoning Designation Map Light Industrial (M1) 75B-4 Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 5 Environmental Analysis In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration (Environmental Review No. 2017-140) with technical studies was prepared for the project (Exhibit 5). No areas of unavoidable impacts were identified as resulting from the construction or operation of the proposed project. The project requires adoption and approval of a Mitigation Monitoring and Reporting Program (MMRP), which contains mitigation measures to address biological resources, geology and soils, noise, transportation, and hazards and hazardous materials (Exhibit 5). On May 8, 2019 the draft MND was circulated to interested parties and the notice of intent was published in the Orange County Register and posted with the County of Orange Clerk. The draft MND was available for public review at the Santa Ana City Hall, Main Library, and on the project webpage on the City's website. No comments were received that would result in an impact or require additional mitigation measures. Table 1: Public Notification & Community Outreach Public Notification & Community Outreach Notification by mail was mailed to all property owners/occupants Notification by mail within 500 feet of the project site, and interested parties, on July Required Measures 5, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on July 5, 2019. Sunshine Meeting Sunshine Ordinance community meetings were held on December 12, 2017 and on February 8, 2018 from 6:00 p.m. to 8:00 p.m. at Monte Vista Elementary (2116 West Monte Vista Avenue) in accordance with the provisions of the City's Sunshine Ordinance. A total of 7 members of the public attended both meetings. The applicant provided all the required information to the City after the meeting. Two attendees completely opposed the construction of a 7-Eleven convenience store and gas station and stated that the City already has too many of them. The remainder of the participants raised concerns about safety, potential traffic impacts, and the sale of alcoholic beverages. The sale of alcoholic beverages at this location is not allowed per the City's alcoholic beverage ordinance. A Traffic Site Analysis (TSA) was prepared for the project and reviewed by the Public Works Agency and it was determined that no significant and unavoidable impacts would be generated by the project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). 75B-5 Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 6 G&Wi101�J-17T*Yl The project will generate property tax revenue, sales tax revenue, temporary jobs, permanent jobs and services for the community. Property tax revenue will increase as the lot will be redeveloped with a new convenience store and service station and the total net value of the property will also increase. According to the most recent tax roll, the property is currently valued at $335,498, resulting in approximately $7,000 in annual property tax. Of this amount, the City receives approximately $1,400. Upon completion, the property is estimated to be valued at approximately $650,000 and generate $2,600 in property tax revenue for the City. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs. Based on sales volume estimates provided by 7-Eleven, the location will provide additional sales tax revenue to the City that is estimated to be over $30,000 annually. In addition, 7-Eleven estimates 10 to 20 new job opportunities will be created at this specific location. Minh Thai Executive Director Planning and Building Agency JG:Ia SWCA\2019\7-16-19\1904 W. First Street _7-11\RFCA for AA No. 2019-02, ER No.2017-140 & APPEAL No. 201 M2 for 7-Eleven at 1904 W. 1sl StreeLEoc Exhibits: 1. Appeal Application No. 2019-02 2. Resolution Denying Appeal Application No. 2019-02 3. Resolution Approving Appeal Application No. 2019-02 4. City Council Resolution approving and adopting the MND & MMRP (ER No. 2017-140) 5. Ordinance approving AA No. 2019-02 6. MND and Technical Studies 7. Planning Commission Signed Resolutions 8. Planning Commission Staff Report and Exhibits 75B-6 EXHIBIT 1 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 547-5804 APPEAL APPLICATION I. OWNER/APPLICANT Applicant Fiedler Group; Ben Steckler or Joe ruu name or Person, rirm, or i:orporauon 381-3243 P99 N Eud'd Ave, Suite 550, Pasadena, CA 61 f07 (213 ) Mailing Address Area Code Phone No. Legal Owner Name: 103Ai eAf-, l.%/— Legal Owner Address: 6131 'c� 'PPJE r S"R7- 42'Sa 1 %wW-A ':A I-A-L3 Phone No.: (`t0.`1) q33 3`1 t II. PROPERTY INFORMATION Fax: ( Land Use Commercial M-1 Light Industrial General Commercial - Existing Land Use of Property and/or Building Zoning District General Plan Designation Location 1904 W. 1st street, Santa Ana. CA Daisy Ave. Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) Planning Commission added a condition of approval for a security guard from 6:00 AM to 10:00 PM, and related condition for PD to review the requirement semi-annually. However, this requirement has a severe economic impact to the viability and the potential success of the project (as discussed at the hearing). &--„ wuso 04 WAtcy-SIM) Applicant's Signature: Date: 6 6/2-CA`t APPEAL APPLICATION NO. ARrl,- 7--'Ft ^ 2 - AVk-- cmlcntr-frmlappeal 5100 75B-7 SUBMITTAL REQUIREMENTS 1. An appeal application form (Exhibit 1). 2. A letter stating the nature of the appeal (in lieu of the space provided on the appeal form). 3. The application fee. 4. Any other pertinent information that the application warrants. 111. Fu sr'.► 'F� ><•c z----T (ca ►-r� a� o,1c.�ls� S.>rduw` VAXa% [ice �-c`4Zu'r(i� To )e,a P% v�tl.ili IT 6.�y1iP AoJ ��aJ �e(.. -f.-��r •�+p...Jc,��yt'� cs,Sa ccgo�na.1 ej- '�r1�s /cPt cl s►�.a.� n oc ►noccE -aa '116% °roh 1 es�F�-�.�.rb P.Pt�ra�`s b�t.�aE , r�•��Sl� -ram �c�t•��..5 1z..s�.PCC4V - t, T icpFa�tL o 1.4 To E+CC G-VAv L Ctim -mrc A�?�.K T, +Pgg6 '= P�Cb`��-'P '�'a 3411� -rqm�i 6-') 'La '1-j'C«lwJ¢ �1eC , 4 %xr Ie IS'C r�ps0 LAOCE . 75B-8 MEMORANDUM MCT # 45186 TO: Finance & Management Services Agency Thursday, June 20, 2019 FROM: Planning and Building Agency gao ��on �sr SUBJECT: Miscellaneous Cash Transaction All fees are subject to change at any time and may also be affected by scheduled adjustments on July 1 of each year. The Payee must pay the prevailing rate at the time payment is made. PROJECT NAME: 7-Eleven Store & Gas Station MASTER ID # 2017-139973 PROJECT ADDRESS: 1904 W First St, Santa Ana, CA 92703-3523 AP # 007-332-07 Application # APPL-2019.2-APC Permit # ISSUED TO: Ben Steckler Fiedler Group ADDRESS: 299 N. Euclid Avenue, Suite550 Pasadena, CA 91101 ITEM DESCRIPTION CITY UNIT RATE AMOUNT FUND NO. 1 Appeal (Applicant) 1.0000 $4.256.25 $4,256.25 01116002 53606 Bctch'*5^L75 _ L/OYt t0 Tn. IG.OSALES D6CICC'�{-rVu. T,.n��a {ivKl i of i F.CaaUO«pLOS _ -..-�10 L.L7 GM T^A.n-cct:..n. Tot-.1 tL JO4.L .ly SEH F!EI) LER f2T10 1CL Ch--ch rilyoic 111;25L 14 Comments: Appeal to CUP No. 2019-12, condition no. 25. Issued By: Guevara, Jerry (Planning and Building Agency) NOTES: For payment to be considered complete, a Miscellaneous Cash Transaction (MCT) must be paid in full. Applicant must return to Planning with stamped cashier validation of the paid MCT for closure in the Planning system. TOTAL MCT AMOUNT. $ 4,256.25 GL Account # Total 01116002 53606 $4,256.25 Page 2 of 3 7 5 B-9 75B-10 EXHIBIT 2 LS 7.16.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2019-02 OF THE DETERMINATION OF THE PLANNING COMMISSION TO ADD TWO ADDITIONAL CONDITIONS FOR CONDITIONAL USE PERMIT (CUP) NO. 2019-12 FOR THE 24 HOUR OPERATION OF THE 7 ELEVEN CONVENIENCE STORE TO BE LOCATED AT 1904 WEST FIRST STREET AND UPHOLDING GRANTING OF THE CUP WITH THE ADDITIONAL TWO CONDITIONS FOR THE HEALTH, SAFETY AND GENERAL WELFARE OF THE COMMUNITY 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. On May 13, 2019 and June 10, 2019, the Planning Commission held a public hearing as required by law on Conditional Use Permit (CUP) No. 2019-12 to allow a proposed 7-Eleven convenience store to operate 24 hours a day at 1904 West First Street. After listening to public testimony and consideration of the facts, the Planning Commission conditionally approved CUP No. 2019-12 by a vote of 7:0 and added the following two conditions of approval which are intended to further preserve the health, safety and general welfare of the surrounding community: 1. There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi-annual basis to determine if the hours for security shall be reduced or expanded, and 2. The Franchisee shall be an active member of the Cosa Bonita Neighborhood Association. B. On June 20, 2019, the applicant submitted a timely appeal to the City requesting that the City Council reconsider the added conditions of approval by the Planning Commission. C. On July 16, 2019, the City Council conducted a duly noticed de novo public hearing on Appeal Application No. 2019-02. Resolution No. 2019-xx Page 1 of 7 75B-11 Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on behalf of all parties and being fully informed of the application, the Planning Commission's decision, and the appeal, hereby finds and determines that the Planning Commission's decision was not made in error, that the Planning Commission's decision was not an abuse of discretion by the Planning Commission and that the Planning Commission's decision was supported by substantial evidence in the record. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana herby denies Appeal Application No. 2019-02, thereby upholding the Planning Commission's approval including the two added conditions of approval of Conditional Use Permit No. 2019-12 as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. for the project located at 1904 West First Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for City Council Action dated July 16, 2019, and exhibits attached thereto; the Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of , 2019. Resolution No. 2019-xx Page 2 of 7 75B-12 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: (�1—� Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 3 of 7 75B-13 59197-Tii_1 Conditions of Approval for Conditional Use Permit No. 2019-12 Conditional Use Permit No. 2019-12 for after-hours operation (seven days a week and 24 hours a day) associated with a 7-Eleven convenience store 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, the Applicant 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. 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. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The Applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. 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 if the conditional use permit must be amended. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan shall be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 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, Applicant (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 Resolution No. 2019-xx Page 4 of 7 75B-14 be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The property maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any pedod(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 Applicant 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 property maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The property 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, obligations and responsibilities set forth under the maintenance agreement. g. The property 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 Resolution No. 2019-xx Page 5 of 7 75B-15 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 property maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 8. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. 11. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 12. A silent armed robbery alarm shall be installed. 13. There shall be no coin -operated games maintained on the premises at any time. 14. No pay telephones shall be located on the premises. 15. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 16. Provide a Closed Circuit Television System approved by"the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 17. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. Resolution No. 2019-xx Page 6 of 7 75B-16 18. Exterior lighting shall be shielded and/or directed away from residential areas. 19. Truck deliveries shall not occur between 11:00 p.m. and 6:00 a.m. 20. The use shall be conducted, at all times, in a manner that will allow the quite enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 21. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 22. Sale of alcoholic beverages shall be prohibited. 23. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 24. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. 25. There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi- annual basis to determine if the hours for security shall be reduced or expanded. ADDED BYPLANNING COMMISSION 26. The Franchisee shall be an active member of the Cosa Bonita Neighborhood Association. ADDED BY PLANNING COMMISSION Resolution No. 2019-xx Page 7 of 7 75B-17 75B-18 EXHIBIT 3 LS 7.16.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL APPLICATION NO. 2019-02 AND REVERSING THE DETERMINATION OF THE PLANNING COMMISSION TO ADD TWO ADDITIONAL CONDITIONS FOR CONDITIONAL USE PERMIT (CUP) NO. 2019-12 FOR THE 24 HOUR OPERATION OF THE 7 ELEVEN CONVENIENCE STORE TO BE LOCATED AT 1904 WEST FIRST 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. On May 13, 2019 and June 10, 2019, the Planning Commission held a public hearing as required by law on Conditional Use Permit (CUP) No. 2019-12 to allow a proposed 7-Eleven convenience store to operate 24 hours a day at 1904 West First Street. After listening to public testimony and consideration of the facts, the Planning Commission conditionally approved CUP No. 2019-12 by a vote of 7:0 and added the following two conditions of approval which are intended to further preserve the health, safety and general welfare of the surrounding community: There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi-annual basis to determine if the hours for security shall be reduced or expanded, and The Franchisee shall be an active member of the Cosa Bonita Neighborhood Association. B. On June 20, 2019, the applicant submitted a timely appeal to the City requesting that the City Council reconsider the added conditions of approval by the Planning Commission. C. On July 16, 2019, the City Council conducted a duly noticed de novo public hearing on Appeal Application No. 2019-02. D. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in Resolution No. 2019-xx Page 1 of 10 75B-19 order to grant Conditional Use Permit No. 2019-12, to allow extended hours of operation, have been established as required by SAMC Section 41-638: 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 convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a convenience store offering service past 12:00 midnight, which is consistent with other similar uses in the area. By offering extended hours of operation, 7- Eleven will better serve the community by providing added convenience and a one -stop shopping experience. The project will redevelop a blighted site with a new convenience store with ancillary gas sales. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting and security cameras. This will help activate and beautify the street comer. 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 after-hours operation will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed in order to mitigate any negative impacts to the surrounding community. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure minimal calls for service. The additional two conditions added by the Planning Commission are not needed to protect the health, safety and welfare of persons residing or working in the vicinity because the safety concerns are already addressed by the other conditions of approval included in Exhibit A. 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 present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a Resolution No. 2019-xx Page 2 of 10 75B-20 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable code and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 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 project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. 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 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Resolution No. 2019-xx Page 3 of 10 75B-21 Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Reporting Program ("MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Conditional Use Permit No. 2019-12 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. 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 shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and Resolution No. 2019-xx Page 4 of 10 75B-22 expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Appeal Application No. 2019-02 reversing the Planning Commission's decision to add two additional conditions of approval and hereby approves Conditional Use Permit No. 2019-12, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for City Council Action dated July 16, 2019, and exhibits attached thereto; the Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storcir Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2019-roc Page 5 of 10 75B-23 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 6 of 10 75B-24 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-12 Conditional Use Permit No. 2019-12 for after-hours operation (seven days a week and 24 hours a day) associated with a 7-Eleven convenience store 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, the Applicant 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. 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. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The Applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. 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 if the conditional use permit must be amended. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan shall be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 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, Applicant (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 Resolution No. 2019-xx Page 7 of 10 75B-25 satisfactory to the City Attorney. The property maintenance agreement shall contain covenants, conditions and restrictions relating to the following: 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 Applicant 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 property maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The property 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, obligations and responsibilities set forth under the maintenance agreement. g. The property 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 Resolution No. 2019-xx Page 8 of 10 75B-26 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 property maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 7. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 8. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. 11. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 12. A silent armed robbery alarm shall be installed. 13, There shall be no coin -operated games maintained on the premises at any time. 14. No pay telephones shall be located on the premises. 15. "No LoiteringlTrespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 16. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 17. 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 -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. Resolution No. 2019-xx Page 9 of 10 75B-27 18. Exterior lighting shall be shielded and/or directed away from residential areas. 19. Truck deliveries shall not occur between 11:00 p.m. and 6:00 a.m. 20. The use shall be conducted, at all times, in a manner that will allow the quite enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 21. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 22. Sale of alcoholic beverages shall be prohibited. 23. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 24. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. Resolution No. 2019-xx Page 10 of 10 75B-28 EXHIBIT 4 LS 6.10.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017-140 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019-01 FOR THE PROJECT LOCATED AT 1904 WEST FIRST 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. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), is requesting approval of Amendment Application No. 2019-02, Conditional Use Permit No. 2019-12 and Variance No. 2019-01 in order to facilitate the construction and operation of a new 2,480-square-foot convenience store (7-Eleven) with an 810-square-foot gas station canopy with two fuel pumps at 1904 West First Street. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the 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. 2017-140 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 biological resources, geology and soils, noise, transportation, hazards and hazardous materials. 75B-29 E. On May 8, 2019, a Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2017-140 was published in the Orange County Register newspaper, circulated to interested parties, and the State Clearinghouse. F. The documents related to the Mitigated Negative Declaration were made available for a 20-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. The mitigation measures set forth in the 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. H. On May 13, 2019 and June 10, 2019, 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. 2017-140 and the related Mitigation Monitoring and Reporting Program for the project. I. On July 16, 2019, 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, 2017-140, 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 (MND), Environmental Review No. 2017-140, 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 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 Planning Commission Action dated May 13, 2019 and June 10, 2019, the Request for Council Action dated July 16, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 75B-30 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 shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. 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 2019. Miguel A. Pulido Mayor 75B-31 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: � C� '4 Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. 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NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-02 REZONING THE PROPERTIES LOCATED AT 1904 WEST FIRST STREET, 1910 WEST FIRST STREET, 1916 WEST FIRST STREET, AND 1901 WEST WALNUT STREET FROM LIGHT INDUSTRIAL (M1) TO GENERAL COMMERCIAL (C2) AND 2002 WEST FIRST STREET FROM COMMUNITY COMMERCIAL (Cl) TO GENERAL COMMERCIAL (C2) 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. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), filed Amendment Application No. 2019-02 with the City of Santa Ana to change the zoning designation of the parcel located at 1904 West First Street from Light Industrial (M1) to General Commercial (C2) in order to facilitate the construction a new 2,480-square-foot convenience store (7- Eleven) with an 810-square-foot gas station canopy with two fuel pumps that will accommodate up to four vehicles at a time. B. In addition, the City of Santa Ana is proposing to amend the zoning designation of 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street from Light Industrial (M1) to General Commercial (C2) and 2002 West First Street from Community Commercial (Cl) to General Commercial (C2). C. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-02, which is consistent with the General Plan land use designation of the subject properties. D. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the general plan. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on July 16, 2019. Ordinance No. NS-XXXX Page 1 of 5 75B-49 G. The City Council also adopts as findings all facts presented in the Request for Council Action dated July 16, 2019 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2019- 02 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 City Council of the City of Santa Ana hereby adopts an ordinance rezoning the real properties located at 1904, 1910, 1916, and 2002 West First Street and 1901 West Walnut Street and Amended Sectional District Map Number 14-5-10 showing the above described change in use district designation (AA No. 2019-02). This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated July 16, 2019, 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. 2017-140) prepared with respect to this project. The City Council has, as a result of its independent 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. 2017- 140 meets all the requirements of CEQA. Section 4. The zoning designations of the real properties located at 1904 West First Street, 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street are hereby changed from Light Industrial (M1) to General Commercial (C2) and the zoning designation of the real property located at 2002 West First Street is hereby changed from Community Commercial (C1) to General Commercial (C2). An amended Sectional District Map Number 14-5-10, 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. 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. Ordinance No. NS-XXXX Page 2 of 5 75B-50 Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions'), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this _ day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:jea::�L /- Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 3 of 5 75B-51 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting 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 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 4 of 5 75B-52 Exhibit A Isr sr ss •iy,Rn i B■®l� yL ,=w Ri_ YI� ■ nl ® :::r�l FI ( nl Pr m n RI � ••'r N e I m Y ar F w 1 LP nr.u.rral nr ,r - RI i .-R rW Rr .�IN•. �-MMI wl f �E _� .r • S ` nM.uu IN pl v O PI PI PI MCFAOpEN AY i V �' al S vmr.w 3 RI � Rr ��r. . u...r J I •• r� I ®9/ �: <I ! _ R F G � .^. v ,r d � i RI Y F • M1wu{/� � si 9 nl f. P ZONING DISTRICTS AI G[VLi.YAGRICKiU1A; W4 SCYTN 4MN STIIQT CCNL♦i\::A LYsT IC Tl�6fMLTA6GE�CE •{ IMRW MXI/IG\TCN CI COIAt.TT'CON.6I;:SLL 6G CQYOVEAVTCAT[R A3 N:RTPLYfMILYII[SCO1L[ -02 OYBIAY ZGi C0.D CONI.I.f.ITYGGLf&XNL-INSFUAI.IGT 41 lNi1RNPHTRNL 14 518UgMIMMTIlNi lIIC MV$R9Cf.TML C: GE`A,.4 CCSI.RR:ML 1C NUYY tL{.STRILL 11E tpGB.TML {STALE Q'AbCFLaT u RANVp SNOFPNGcBF O OFEVG A= SO SMFCDIMOF&l -IOC NpGMMG T. Cl ARi{IINLGCSAgCNL I PMMSCNAL 5P MCF.M.MI CIL CCIA®N}N. IIGC NI SML".A%Ry AMEWE cil IAMOMSTOIIMU1Z 9 SECTIONAL DISTRICT MAP: 14-5-10 e R�. CITY OF SANTA ANA. CALIGORNIA Ordinance No. NS-XXXX Page 5 of 5 75B-53 75B-54 EXHIBIT 6 MITIGATED NEGATIVE DECLARATION The Mitigated Negative Declaration (MND) and Technical Appendices are available at the following locations: Online: https://www.santa-ana.org/7-eleven-convenience-store-gas-station-1904-w-first-street 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 7-Eleven at 1904 West First Street MITIGATED NEGATIVE DECLARATION LINK 75B-55 75B-56 EXHIBIT 7 Ls 6.1DA9 RESOLUTION NO. 2019-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-12 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7- ELEVEN CONVENIENCE STORE LOCATED AT 1904 WEST FIRST 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. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-12 to allow a 7- Eleven convenience store to operate 24 hours a day located at 1904 West First Street. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) requires approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the SAMC. D. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-12. 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 Conditional Use Permit No. 2019-12, to allow extended hours of operation, 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 convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a Resolution No. 2019-25 Page 1 of 10 75B-57 convenience store offering service past 12:00 midnight, which is consistent with other similar uses in the area. By offering extended hours of operation, 7-Eleven will better serve the community by providing added convenience and a one -stop shopping experience. The project will redevelop a blighted site with a new convenience store with ancillary gas sales. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting and security cameras. This will help activate and beautify the street corner. 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 after-hours operation will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed in order to mitigate any negative impacts to the surrounding 'community. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure minimal calls for service. 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 presenl economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour Resolution No. 2019-25 Page 2 of 10 75B-58 basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable code and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 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 project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. 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 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Resolution No. 2019-25 Page 3 of 10 75B-59 Reporting Program (" MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record �- supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Conditional Use Permit No. 2019-12 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. 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 shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or f any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2019-25 Page 4 of 10 75B-60 Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No: 2019-12, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. 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 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10'" day of June, 2019. AYES: Commissioners: Alderete, Benavides Cano Contreras -Leo, McLoughlin, Nguyen, Rivera (7) NOES: Commissioners: None. ABSENT: Commissioners: None ABSTENTIONS: Commissioners: None e Mark oughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: kc- Lisa Storck Assistant City Attorney Resolution No. 2019-25 Page 5 of 10 75B-61 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2019. Date: �`�� v � � d Cmi�' Recording Secretary City of Santa Ana Resolution No. 2019-25 Page 6 of 10 75B-62 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-12 Conditional Use Permit No. 2019-12 for after-hours operation (seven days a week and 24 hours a day) associated with a 7-Eleven convenience store 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, the Applicant 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. 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. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The Applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. 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 if the conditional use permit must be amended. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan shall be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the Citys Water Efficient Landscape Ordinance. All utilities shall be properly screened. 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, Applicant (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 Resolution No. 2019-25 Page 7 of 10 75B-63 satisfactory to the City Attorney. The property maintenance agreement shall contain covenants, conditions and restrictions relating to the following: 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 Applicant 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 property maintenance agreement and both shall be jointly and severally liable for compliance with its terms. The property 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, obligations and responsibilities set forth under the maintenance agreement. g. The property 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 Resolution No. 2019-25 Page 8 of 10 75B-64 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 property maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 7. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 8. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. 11. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 12. A silent armed robbery alarm shall be installed. 13. There shall be no coin -operated games maintained on the premises at any time. 14. No pay telephones shall be located on the premises. 15. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 16. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 17. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 18. Exterior lighting shall be shielded and/or directed away from residential areas. Resolution No. 2019-25 Page 9 of 10 75B-65 19. Truck deliveries shall not occur between 11:00 p.m. and 6:00 a.m. 20. The use shall be conducted, at all times, in a manner that will allow the quite enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 21. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 22. Sale of alcoholic beverages shall be prohibited. 23. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 24. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. 25. There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi- annual basis to determine if the hours for security shall be reduced or expanded. Added by Planning Commission on June 10, 2019. 26. The Franchisee shall be an active member of the Cosa Bonita Neighborhood Association. Added by Planning Commission on June 10, 2019. Resolution No. 2019-25 Page 10 of 10 75B-66 LS 6.10.19 RESOLUTION NO. 2019-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-01 AS CONDITIONED TO ALLOW AN ADDITIONAL MONUMENT SIGN AT 1904 WEST FIRST 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. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant'), is requesting approval of Variance No. 2019-01 as conditioned, to allow one additional monument sign at 1904 West First Street. B. Santa Ana Municipal Code ("SAMC) Section 41-862 limits the number of freestanding signs a property can have based on the sites street frontage. The applicant is requesting approval of a variance to allow one additional monument sign on -site. 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 SAMC. D. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing for Variance No. 2019-01. 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. 2019-01 for one additional monument sign, have been established: 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 location of the property. The property is located at the southwest corner of First Street and Daisy Avenue. Pursuant to State Business and Profession Code (BPC) Section 13531, Resolution No. 2019-26 Page 1 of 6 75B-67 businesses selling motor vehicle fuel to the public are required to display the fuel price per gallon, liter, or other unit { of measurement, the trademark or brand of the fuel, the word gasoline or the name of other fuel, and the grade designation of the fuel. Such signage is required to be clearly visible from the street adjacent from the premises and if the property is located at an intersection, such signage needs to be clearly visible from each street intersection. In order to comply with the State's regulations, the Applicant is proposing to install one monument sign along First Street to allow visibility for motorists traveling east and west on First Street, and one monument sign along Daisy Avenue to allow visibility for motorists traveling north and south on Daisy Avenue. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The additional monument sign is necessary in order to increase visibility and comply with the State regulations. 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 additional monument sign will be consistent with other monument signs in the general area. The monument sign will not incorporate any flashing or moving elements that may distract motorists. 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. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for one additional monument sign will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element and Land Use Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in Resolution No. 2019-26 Page 2 of 6 75B-68 commercial districts. The project will provide for a new convenience store and service station along a major corridor. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Policy 2.9, supports developments that create a business environment that is safe and attractive. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Reporting Program ("MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Variance No. 2019-01 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. 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 shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, Resolution No. 2019-26 Page 3 of 6 75B-69 departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2019-01, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. 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 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. V' ADOPTED this loth day of June, 2019. AYES: Commissioners: Alderete, Benavides Cano Contreras -Leo, McLoughlin, Nguyen, Rivera (7) NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTENTIONS: Commissioners: None. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson Resolution No. 2019-26 Page 4 of 6 75B-70 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2019. Date: 0 � I� f � �I Recording Secretary City of Santa Ana Resolution No. 2019-26 Page 5 of 6 75B-71 EXHIBIT A r, — Conditions of Approval for Variance No. 2019-01 Variance No. 2019-01 to allow one additional monument sign at a 7-Eleven convenience store 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. 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. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. `. 4. 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. 5. Applicant shall comply with the Conditions of Approval outlined in Conditional Use Permit No. 2019-12. 6. The proposed monument signs shall comply with the regulations outlined in Section 41-862 of the SAMC, unless otherwise stated below. The monument signs shall be architecturally compatible with the proposed convenience store and include a stone base. a. The monument sign along First Street shall not exceed six feet in overall height and the overall height plus the overall width shall not exceed 16 linear feet. The sign area of the monument sign shall not exceed 45 square feet. The project address shall be located on the monument base of the monument sign. b. The monument sign along Daisy Avenue shall not exceed four feet in overall height and the overall height plus the overall width shall not exceed 15 linear feet. The sign area of the monument sign shall not exceed 30 square feet. Resolution No. 2019-26 Page 6 of 6 75B-72 EXHIBIT 8 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 10, 2019 TITLE: PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2017-140, AMENDMENT APPLICATION NO. 2019.02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019-01 TO FACILITATE CONSTRUCTION OF A 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 1904 WEST FIRST STREET — BEN STECKLER, APPLICANT {STRATEGIC PLAN NO.3, 21 Prepared by Jerry C. Guevara PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO O ` Executive Director Planning Manager RECOMMENDED ACTION 1. Recommend that the City Council adopt and approve Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review No. 2017-140; 2. Adopt a resolution conditionally approving Conditional Use Permit No. 2019-12, subject to approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Amendment Application No. 2019-02 by the City Council and the recommended conditions of approval and any other limitations and/or conditions the Planning Commission may wish to impose; and 3. Adopt a resolution conditionally approving Variance No. 2019-01, subject to approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Amendment Application No. 2019-02 by the City Council and the recommended conditions of approval and any other limitations and/or conditions the Planning Commission may wish to impose; and 4. Recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-02. Executive Summary Ben Steckler with Fiedler Group, representing 7-Eleven, Inc., is requesting approval of an Amendment Application (AA) to change the zoning of the property from Light Industrial (M-1) to General Commercial (C-2) to facilitate the construction of a new 2,480-square-foot convenience 75B-73 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 2 store (7-Eleven) with an 810-square-foot gas station canopy with two fuels pumps that would accommodate up to four vehicles at a time at 1904 West First Street. Additionally, the request includes approval of a conditional use permit (CUP) to allow the convenience store to operate 24- hours per day, seven days per week and a variance application (VA) to allow one additional monument sign on -site. In conjunction with the applicant's request, the City is proposing to amend the zoning designation of 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street from Light Industrial (M1) to General Commercial (C2) and 2002 West First Street from Community Commercial (C1) to General Commercial (C2) to be consistent with the existing General Commercial (GC) General Plan land use designation of these properties. In accordance with the California Environmental Quality Act, an initial study and mitigated negative declaration (IS/MND) was prepared for this project. Approval and adoption of the MND and Mitigation Monitoring and Reporting Program (MMPP) is required by the City Council. Staff is recommending approval of the project as conditioned to facilitate redevelopment of a blighted site with a convenience store and gas station that will serve the community and generate sales tax revenue for the City. The project will not negatively impact the surrounding community and is compatible with the surrounding land uses. This project was considered at the May 13, 2019 Planning Commission meeting. During the public hearing, the applicant had a few concerns with the proposed mitigation measures and conditions of approval. In response to those concerns, the Planning Commission continued the item to May 28, 2019 and subsequently to June 10, 2019 to allow time for the applicant to work with staff to resolve the concerns. Table 1: Project and Location Information Item Information Project Address 1904 West First Street Nearest Intersection First Street and Daisy Avenue General Plan Designation General Commercial Existing Zoning Designation Light Industrial (M-1) Proposed Zoning Designation General Commercial (C-2) Surrounding Land Uses North Sin le-Famil ResidentiallCommercial East Sin le-Famil ResidentiallCommercial South I Vacant Lot West I Commercial Property Size 17,336 square feet (0.40 acres) Existing Site Development The site Is currently developed with a 1,610-square-foot restaurant building that has been vacant since 2016 and would be demolished as part of this project. Use Permissions/Proposed Development A 2,480-square-toot convenience store subject to approval of a zone change from M-1 to C-2 After Hours operation subject to approval of a CUP 75B-74 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 3 Item Information SAMC Sections 41-365(a), 41-365(q) and 41- Zoning Code Sections Uses 365.5 h Development & Operational SMAC Section 41-378 to 41-386 & 41-374 Affected Standards Entitlements SAMC Chapter 41, Article V, Division I and Division II Project Background and Chronology The existing restaurant building was built in 1960 as a drive -in -restaurant. The building was last occupied by Antojitos Don Chepe restaurant and has been vacant since 2016. In November 2017, the Planning Division received this development application request and has been working with the applicant to refine the site plan and building design. In accordance with the Sunshine Ordinance, the applicant held two community meetings on December 12, 2017 and February 8, 2018 to review the proposed development and receive feedback from the community and adjacent property owners and residents. A total of seven members of the public attended. The community raised concerns about safety, potential traffic impacts, and the sale of alcoholic beverages. The sale of alcoholic beverages at this location is not allowed per the City s alcoholic beverage ordinance. On May 13, 2019, the Planning Commission held a public hearing to consider the project. At the public hearing, the applicant expressed concerns with the mitigation measures and proposed conditions of approval. The applicant's concerns and their resolutions are listed below: (a) Concern: Transportation Mitigation Measure No. 1 restricting access driveways along Daisy Avenue to left -in, right -in and right -out only. Resolution: The applicant submitted a revised traffic site analysis (TSA), attached hereto within Exhibit 13, to address and correct the southerly Daisy Avenue driveway restrictions. The revised TSA was reviewed and approved by the City's Public Works Agency. In addition, the Final MND has been revised to reflect this change and Transportation Mitigation Measure No. 1 has been removed. (b) Concern: Condition No. 4 of the CUP requiring an alternative trash enclosure location/design that complies with the Crime Prevention Through Environmental Design (CPTED) principals. Resolution: The applicant submitted a revised site plan to address Condition No. 4 of the CUP, attached hereto as Exhibit 7. The trash enclosure has been pushed to the rear of the property along the south property line and the pedestrian walkway leading from Daisy Avenue to the front of the convenience store is now located in front of the trash enclosure. The revised site plan has been determined to be acceptable by staff and, therefore, the condition has been removed. 75B-75 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 4 (c) Concern: Condition No. 18 of the CUP prohibiting truck deliveries between the hours of 8:00 p.m. and 7:00 a.m. Resolution: The applicant met with staff to resolve the hours of truck deliveries. Staff has modified this condition to provide flexibility to meet the needs of 7-Eleven and is recommending that truck deliveries be prohibited between the hours of 11:00 p.m. and 6:00 a.m. (d) Concern: Condition No. 5 of the VA limiting the size of the monument sign along First Street to 20 square feet in size and four feet in height and the monument sign along Daisy Avenue to 20 square feet in size and four feet in height. Resolution: Staff has modified this condition and is recommending that the monument sign along First Street not exceed 6 feet in height with a maximum sign area of 45 square feet and the monument sign along Daisy Avenue not exceed 4 feet in height with a maximum sign area of 30 square feet. Protect Description The applicant is proposing to demolish the existing 1,610-square-foot restaurant building and all site improvements to facilitate the construction of a new 2,480-square-foot 7-Eleven convenience store and 810-square-foot gas station canopy. The gas station canopy includes two fueling pump stations that will accommodate four vehicles. The project also includes surface parking with ten parking spaces and approximately 2,795 square feet of landscaping. Site access will be provided via three driveways, one located along First Street and two located along Daisy Avenue. The northerly driveway along Daisy Avenue will be restricted to left -in, right -in, right -out only. The 7-Eleven convenience store is proposing to operate on a 24-hour, seven days a week basis. The architecture of the convenience store has been designed as a contemporary Spanish style building and features stone and stucco finishes, steel canopies and trellises, and a clay tile roof. The gas station canopy also features the same finishes and style. Tables 2A and 2B provide a detailed comparison of the project's compliance with the applicable land use and development standards. Table 2A: Land Use Standards General Commercial (C2) (SAMC Sec. 41-365, 41-365.5, 41-377 and 41-377.5) Proposed Land Use Permit Requirements Convenience Store and Service Station Subject to approval of the proposed Amendment Application by City Council Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours Subject to approval of a Conditional Use Permit of 12:00 midnight and 5:00 a.m. 75B-76 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 5 Table 2B: Development Standards Standard Allowed per SAMC Proposed Front yard 15 feet minimum Complies; 15 feet Side yard street 15 feet minimum Complies: 15 feet Side yard interior None Complies; 5 feet Rear yard None Complies; 0 feet Lot Size & Frontage 15,000 sq. ft. and 120 feet of street frontage Complies; 17,336 square feet and 240 feet of frontage Building height 35 feet maximum Convenience Store: Complies; 24 feet, 4 inches Gas Station Canopy: Complies; 22 feet, 5 inches Off-street Parking 12 parking spaces Complies: 12 spaces Floor Area Ratio F.A.R. 0.50 FAR maximum Complies; 0.19 FAR Driveway Width service station 35 feet maximum Complies; 30 feet Monument Sign 1 monument sign maximum Variance required; 2 monument signs Project Analysis Amendment Application (Zone Change) The applicant is requesting approval of an amendment application (zone change) to change the zoning of the subject property from M-1 to C-2. The zone change will allow for a larger convenience store than what the M-1 zone allows and will be consistent with the City's General Plan. The M-1 zoning limits the size of convenience stores ancillary to service stations to 2,000 square feet. In addition, as part of this application, the City is also proposing to change the zoning designation of the adjacent properties from M-1 and C-1 to C-2. The C-2 zoning designation will be consistent with the City's General Plan land use designation of General Commercial (GC). The C-2 zoning district allows for auto services and no use nonconformity will be created by this zone change. Table 3: Existing and Proposed Zoning Property Address Current Use Existing General Existing Zoning Proposed Zoning Plan 1904 West First Street Restaurant General Commercial Light Manufacturing General GC M-1 Commercial C-2 1910 West First Street Auto General Commercial Light Manufacturing General Services GC M-1 Commercial C-2 1916 West First Street Auto General Commercial Light Manufacturing General Services / (GC) (M-1) Commercial (C-2) Restaurant 2002 West First Street Auto General Commercial Community General Services GC Commercial C-1 Commercial C-2 1901 West Walnut Street Vacant General Commercial Light Manufacturing General GC M-1 Commercial C-2 75B-77 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 6 The 1998 General Plan land use map designates the subject properties as GC, with the C-2 designation being a compatible zoning district as identified in Table A-3 (Correlation of Land Use Designations and Zoning Districts) of the General Plan. The GC designation applies to commercial corridors in Santa Ana including those located along First Street. The GC districts are key components in the economic development of the City and provide visible and accessible commercial developments along the City's transportation corridors. In addition, the GC land use designation is intended to provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment and education. It is also intended to provide support facilities and services for industrial areas such as office and retail, restaurants and various other services. Conditional Use Permit for After -Hours Operation The applicant is requesting approval of CUP No. 2019-12 to allow the proposed 7-Eleven convenience store to operate on a 24-hours day, seven days a week basis, which is typical for a 7- Eleven store. Pursuant to SAMC Section 41-365.5, retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. require review and approval by the Planning Commission. The purpose of regulating after-hours operations it to preserve the surrounding community characteristics and minimize any negative secondary impacts. The project site is bounded by commercial uses to the north, single-family residences and auto - body repair uses to the east, commercial and auto -repair uses to the west, and a vacant lot to the south. The proposed hours of operation are consistent with other convenience stores and service stations along First Street (i.e. those at 2646 West First Street and 2702 West First Street). The proposed after-hours operations will provide an ancillary service to the community and individuals seeking to have a morning coffee and/or snack, especially for those who wake up early for work. In addition, this -promotes a balance of land uses that assist in enhancing the City's economic and fiscal viability. Furthermore, the new convenience store and service station will help activate and enhance the area and will generate property and sales tax revenue for the City. However, in order to preserve the health, safety and general welfare of persons residing in the vicinity, staff is recommending that truck deliveries be limited and not occur between the hours of 11:00 p.m. and 6:00 a.m., as per Condition No. 18 of the Conditions of Approval for CUP No. 2019-12 (attached hereto as Exhibit 1). Monument Sign Variance Lastly, the applicant is requesting approval of VA No. 2019-01 to allow one additional monument sign on -site. Section 41-862 of the SAMC limits the number of monument signs on a site based on linear street frontage. One sign is permitted on lots with 299 feet of frontage or less. Based on the street frontage of 241 feet, the site only qualifies to have one monument sign. The applicant is requesting approval of a variance to allow one additional monument sign in order to comply with State regulations. Pursuant to Business and Professions Code (BPC) Section 13531, businesses selling motor vehicle fuel to the public are required to display the fuel price per gallon, liter, or other 75B-78 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 7 unit measurement, the trademark or brand of the fuel, the word gasoline or the name of other fuel, and the grade designation of the fuel. Such signage needs to be clearly visible from the street adjacent to the premises and if located at an intersection, such signage is required to be clearly visible from each street of the intersection. The applicant is proposing to install one monument sign along First Street to allow visibility for motorist traveling east and west on First Street and another monument sign along Daisy Avenue to allow visibility for motorist traveling north and south on Daisy Avenue (refer to Exhibit 11 for Monument Sign Visibility Diagrams). The second monument sign would be located on a landscape planter along Daisy Avenue between the two driveways. Since Daisy Avenue is not a major arterial street and in order to preserve the neighborhood character, staff is recommending that the monument sign along Daisy Avenue not exceed four feet in height and 30 square feet in sign area, as per Condition No. 6 of the Conditions of Approval for VA No. 2019-01 (attached hereto as Exhibit 2). Table 4: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA; Strategic Plan Alignment,'and Public. Notification& Community Outreach-, CEQA. A Mitigated Negative Declaration (MND), Environmental Review No. 2017-140, with technical studies was prepared for the project. No areas of unavoidable impacts were determined from the construction or operation of the proposed project (Exhibit 12). The CEQA Type project requires adoption and approval of a Mitigation Monitoring and Reporting Program (MMRP), which contains mitigation measures to address biological resources, geology and soils, noise, transportation, and hazardous and hazardous materials. The Planning Commission will consider this MND in their review of the project. On May 8, 2019, the draft MND was circulated to interested parties and the notice of intent Public Circulation (NOI) was published in the Orange County Register and posted with the County of Orange Clerk. The draft MND was available for public review at the Santa Ana City Hall, City of Santa Ana Main Library, and on the roject's web a e on the Cit 's website. Strategic Plan. Alignment . ' Goal(s), Policy or Approval of this item supports Goal No. 3 (Economic Development) Objective No. 2 Policies (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinancepolicies) of the Cit s Strategic Plan. Public Notification & Community Outreach Site posting A public notice was posted on the project site on May 2, 2019. Notification by mail Notification by mail was sent to all property owners and Required Measures occupants within 500 feet of the project site on May 2, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on May 3, 2019. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on December 12, 2017 and February 8, 2018 from 6:00 p.m. to 8:00 p.m. at Monte Vista Elementary (2116 West Monte Vista Avenue) in accordance with the provisions of the City's Sunshine Ordinance. A total of 7 members of the public attended. The applicant provided all the required information to the City after the meeting Exhibit 12). The representatives of Casa Bonita and Artesia Pilar Neighborhood Associations were Additional Measures contacted to identify any areas of concern due to the proposed project. At the time this report was printed, no issues of concern were raised regarding the proposed project. 75B-79 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 8 Economic Develoument The project will generate property tax revenue, sales tax revenue, temporary jobs, permanent jobs and services for the community. Property tax revenue will increase as the lot will be redeveloped with a new convenience store and service station and the total net value of the property will also increase. According to the most recent tax roll, the property is currently valued at $335,498, resulting in approximately $7,000 in annual property tax. Of this amount the City of Santa Ana receives approximately $1,400. Upon completion, the property is estimated to be valued at approximately $650,000 and generate $2,600 in property tax revenue for the City of Santa Ana. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs. Based on sales volume estimates provided by 7-Eleven, the location will provide additional sales tax revenue to the City that is estimated to be over $30,000 annually. In addition, 7-Eleven estimates 10 to 20 new job opportunities will be created at this specific location. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve CUP No. 2019-12 and VA No. 2019-01, subject to the recommended conditions of approval, as outlined on the attached resolutions, and any other limitations and/or conditions the Planning Commission may wish to impose and recommend that the City Council approve and adopt ER No. 2017-140 and AA No. 2019-02. Z Jerry C. Guev ra Assistant Planner I S:1Plennillg CommissimA2019�6-10-1917-Eleven a11904 W. ISMCel. AA No. 1"Z CUP No. 19-12 & VA No. 19-OW-Eleven AA19-02, CUP19-12 & VA19-01.SWftRaWtpeAa Exhibits: 1. CC Resolution for MND, ER No. 2017-140 2. PC Resolution for CUP No. 2019-12 3. PC Resolution for VA No. 2019-01 4. CC Ordinance for AA No. 2019-02 5. Vicinity Zoning & Aerial View 6. Site Photo 7. Site Plan 8. Floor Plan 9, Elevations 10. Landscape Plan 11. Monument Sign Visibility Diagrams 12. Sunshine Ordinance Minutes 13. Mitigated Negative Declaration & Technical Studies 14. Mitigated Negative Declaration Received Comment Letters 75B-80 EXHIBIT 1 75B-81 This page left blank intentionally. 75B-82 LS 6.10.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING AND APPROVING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017-140 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019-01 FOR THE PROJECT LOCATED AT 1904 WEST FIRST 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. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), is requesting approval of Amendment Application No. 2019-02, Conditional Use Permit No. 2019-12 and Variance No. 2019-01 in order to facilitate the construction and operation of a new 2,480-square-foot convenience store (7-Eleven) with an 810-square-foot gas station canopy with two fuel pumps at 1904 West First Street. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the 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. 2017-140, 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 biological resources, geology and soils, noise, transportation, hazards and hazardous materials. 75B-83 E. On May 8, 2019, a Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2017-140 was published in the Orange County Register newspaper, circulated to interested parties, and the State Clearinghouse. F. The documents related to the Mitigated Negative Declaration were made available for a 20-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. The mitigation measures set forth in the 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. H. On May 13, 2019 and June 10, 2019, 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. 2017-140 and the related Mitigation Monitoring and Reporting Program for the project. I. On July 2, 2019, 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. 2017-140, 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 (MND), Environmental Review No. 2017-140, 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 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 Planning Commission Action dated May 13, 2019 and June 10, 2019, the Request for Council Action dated July 2, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 75B-84 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 shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. 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 2019. Miguel A. Pulido Mayor 75B-85 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, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana 75B-86 0 `U O 0 N C 6 — E 0 u `0 0 m +c w q w C O 0 'q a m c c o•- I N m C 0 °? 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'> Yn �, m m m m O N .Q Y O n m t v t m°° E r r m c m= c y c 3 c o « v a d a N o d 3 oa °� c '^ E o ,� '? .o '-^ c o 0 0 0 ,a. o, nv m e0 U w° u N L C 3 u 0° ti 1p O a W O "O ? C in L N L u c am+ U Q pp c.c c m 0 N E o m a m a= '� 0 m E E y c y r c u m u o eo E a E u— O c 0 != $ a o v o o c o '3 o m a a o u o '� u o c o O Y v v w ti c a w c m U N a a > m u o c E .Ec n ', L u a w u`« 0 w u o :� — u a n 2 `0 c v > N 3 2 u m ma $- n 2 a 0 o m« a L m °u E a m o v m �' 'o w Y w a 0 b '" « u o m o v v u at m a r o o N O L L N L c O o a L Y O C h c m m o F u aw +� Q U W w- a H 'O .aC H m u n L I- O« to '� m 6 d d U • • • in N 0 v n E 9 75B-100 O a` m c C C a d v c m 00 C O Y_ C C0 G C 0 m CNO CY Y d 0 a c 0 Y m ♦+ h d u •E. Cl kn V C m N 0 O Y u c a C C uo "> m W n C V !'I W a F o n 0 'c n - E 0 u C O 8 c 2.2 a '� c c o- `v n u � P. C O C: O C E i= O A G `o a 0 t u y N « C y 4 u v E E m « < Y a i a O m o v v w C in O E vim' E 0 o w c E w m m u « c c _m❑ z co n C m J O T C M j5 i - a m w Q a c u u QI U T �W. N_ IO j u= a 75B-101 This page left blank intentionally. 75B-102 EXHIBIT 2 75B-103 This page left blank intentionally. 75B-104 LS 6.10.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-12 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7- ELEVEN CONVENIENCE STORE LOCATED AT 1904 WEST FIRST 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. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-12 to allow a 7- Eleven convenience store to operate 24 hours a day located at 1904 West First Street. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) requires approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the SAMC. D. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-12. 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 Conditional Use Permit No. 2019-12, to allow extended hours of operation, 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 convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a Resolution No. 2019-xx Page 1 of 10 75B-105 convenience store offering service past 12:00 midnight, which is consistent with other similar uses in the area. By offering extended hours of operation, 7-Eleven will better serve the community by providing added convenience and a one -stop shopping experience. The project will redevelop a blighted site with a new convenience store with ancillary gas sales. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting and security cameras. This will help activate and beautify the street corner. 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 after-hours operation will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed in order to mitigate any negative impacts to the surrounding community. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure minimal calls for service. 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 present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour Resolution No. 2019-xx Page 2 of 10 75B-106 basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable code and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 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 project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. 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 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Resolution No. 2019-xx Page 3 of 10 75B-107 Reporting Program (" MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Conditional Use Permit No. 2019-12 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. 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 shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2019-xx Page 4 of 10 75B-108 Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-12, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. 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 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10'h day of June, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson Resolution No. 2019-xx Page 5 of 10 75B-109 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx Page 6 of 10 75B-110 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-12 Conditional Use Permit No. 2019-12 for after-hours operation (seven days a week and 24 hours a day) associated with a 7-Eleven convenience store 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, the Applicant 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. 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. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The Applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. 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 if the conditional use permit must be amended. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan shall be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 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, Applicant (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 Resolution No. 2019-xx Page 7 of 10 75B-111 satisfactory to the City Attorney. The property maintenance agreement shall contain covenants, conditions and restrictions relating to the following: 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 Applicant 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 property maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The property 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, obligations and responsibilities set forth under the maintenance agreement. g. The property 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 Resolution No. 2019-xx Page 8 of 10 75B-112 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 property maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 7. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 8. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. 11. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 12. A silent armed robbery alarm shall be installed. 13. There shall be no coin -operated games maintained on the premises at any time. 14. No pay telephones shall be located on the premises. 15. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 16. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 17. 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 -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 18. Exterior lighting shall be shielded and/or directed away from residential areas. Resolution No. 2019-xx Page 9 of 10 75B-113 19. Truck deliveries shall not occur between 11:00 p.m. and 6:00 a.m. 20. The use shall be conducted, at all times, in a manner that will allow the quite enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 21. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 22. Sale of alcoholic beverages shall be prohibited. 23. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 24. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. Resolution No. 2019-xx Page 10 of 10 75B-114 EXHIBIT 3 75B-115 This page left blank intentionally. 75B-116 LS 6.10.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-01 AS CONDITIONED TO ALLOW AN ADDITIONAL MONUMENT SIGN AT 1904 WEST FIRST 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. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant'), is requesting approval of Variance No. 2019-01 as conditioned, to allow one additional monument sign at 1904 West First Street. B. Santa Ana Municipal Code ("SAMC) Section 41-862 limits the number of freestanding signs a property can have based on the sites street frontage. The applicant is requesting approval of a variance to allow one additional monument sign on -site. 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 SAMC. D. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing for Variance No. 2019-01. 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. 2019-01 for one additional monument sign, 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 provisions of this Chapter. There are special circumstances related to the location of the property. The property is located at the southwest corner of First Street and Daisy Avenue. Pursuant to State Business and Profession Code (BPC) Section 13531, Resolution No. 2019-xx Page 1 of 6 75B-117 businesses selling motor vehicle fuel to the public are required to display the fuel price per gallon, liter, or other unit of measurement, the trademark or brand of the fuel, the word gasoline or. the name of other fuel, and the grade designation of the fuel. Such signage is required to be clearly visible from the street adjacent from the premises and if the property is located at an intersection, such signage needs to be clearly visible from each street intersection. In order to comply with the State's regulations, the Applicant is proposing to install one monument sign along First Street to allow visibility for motorists traveling east and west on First Street, and one monument sign along Daisy Avenue to allow visibility for motorists traveling north and south on Daisy Avenue. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The additional monument sign is necessary in order to increase visibility and comply with the State regulations. 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 additional monument sign will be consistent with other monument signs in the general area. The monument sign will not incorporate any flashing or moving elements that may distract motorists. 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. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for one additional monument sign will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element and Land Use Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in Resolution No. 2019-xx Page 2 of 6 75B-118 commercial districts. The project will provide for a new convenience store and service station along a major corridor. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Policy 2.9, supports developments that create a business environment that is safe and attractive. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Reporting Program ("MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Variance No. 2019-01 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. 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 shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, Resolution No. 2019-xx Page 3 of 6 75B-119 departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2019-01, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. 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 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10'h day of June, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson Resolution No. 2019-xx Page 4 of 6 75B-120 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx Page 5 of 6 75B-121 EXHIBIT A Conditions of Approval for Variance No. 2019-01 Variance No. 2019-01 to allow one additional monument sign at a 7-Eleven convenience store 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. 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. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. 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. 5. Applicant shall comply with the Conditions of Approval outlined in Conditional Use Permit No. 2019-12. 6. The proposed monument signs shall comply with the regulations outlined in Section 41-862 of the SAMC, unless otherwise stated below. The monument signs shall be architecturally compatible with the proposed convenience store and include a stone base. The monument sign along First Street shall not exceed six feet in overall height and the overall height plus the overall width shall not exceed 16 linear feet. The sign area of the monument sign shall not exceed 45 square feet. The project address shall be located on the monument base of the monument sign. b. The monument sign along Daisy Avenue shall not exceed four feet in overall height and the overall height plus the overall width shall not exceed 15 linear feet. The sign area of the monument sign shall not exceed 30 square feet. Resolution No. 2019-xx Page 6 of 6 75B-122 EXHIBIT 4 75B-123 This page left blank intentionally. 75B-124 LS 6.10.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-02 REZONING THE PROPERTIES LOCATED AT 1904 WEST FIRST STREET, 1910 WEST FIRST STREET, 1916 WEST FIRST STREET, AND 1901 WEST WALNUT STREET FROM LIGHT INDUSTRIAL (M1) TO GENERAL COMMERCIAL (C2) AND 2002 WEST FIRST STREET FROM COMMUNITY COMMERCIAL (Cl) TO GENERAL COMMERCIAL (C2) 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. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant'), filed Amendment Application No. 2019-02 with the City of Santa Ana to change the zoning designation of the parcel located at 1904 West First Street from Light Industrial (M1) to General Commercial (C2) in order to facilitate the construction a new 2,480-square-foot convenience store (7- Eleven) with an 810-square-foot gas station canopy with two fuel pumps that will accommodate up to four vehicles at a time. B. In addition, the City of Santa Ana is proposing to amend the zoning designation of 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street from Light Industrial (M1) to General Commercial (C2) and 2002 West First Street from Community Commercial (Cl) to General Commercial (C2). C. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-02, which is consistent with the General Plan land use designation of the subject properties. D. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the general plan. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on July 2, 2019. Ordinance No. NS-XXXX Page 1 of 5 75B-125 G. The City Council also adopts as findings all facts presented in the Request for Council Action dated July 2, 2019 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2019- 02 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 City Council of the City of Santa Ana hereby adopts an ordinance rezoning the real properties located at 1904, 1910, 1916, and 2002 West First Street and 1901 West Walnut Street and Amended Sectional District Map Number 14-5-10 showing the above described change in use district designation (AA No. 2019-02). This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated July 2, 2019, 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. 2017-140) prepared with respect to this project. The City Council has, as a result of its independent 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. 2017- 140 meets all the requirements of CEQA. Section 4. The zoning designations of the real properties located at 1904 West First Street, 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street are hereby changed from Light Industrial (M1) to General Commercial (C2) and the zoning designation of the real property located at 2002 West First Street is hereby changed from Community Commercial (Cl) to General Commercial (C2). An amended Sectional District Map Number 14-5-10, 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. 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. Ordinance No. NS-XXXX Page 2 of 5 75B-126 Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 3 of 5 75B-127 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting 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 , 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 4 of 5 75B-128 yl R, ZONING DISTRICTS 7 At C-8l_-R.1LllCR'QRTURIL L511 SCUTNL•ANSTRFfTCOlD.ER LOGT. n WY F. YR CE -B FAR!¢Y-61 , MIDN Cl CGD.RtSiG'CCLY&RLNL OC GOYEFIIL'i`1lCEM.ER R3 LFATPLEG.V.IIYT�?T,e110E -OZ OVRI.AYZCIVE C4D C3 6ILLF.NiYCAl9.GRCNL-WSa't11.10^ui. EE`ERSLGCSSpIGRL 111 IC LGMf9,ffi]RAL HFAYYCLIIBTRMl Wt RE SW_V.'�MII➢Mi1. RESC6VTNL 6�TAT£ -6� ftAN>IDRTeC@RIti' 0=/C.OGLIIR G FLA SIbGPN3C@Dmt O OF@1GAW SO SFE VSY FLL -fOZ IOOMCGSRCTY C4 iipiinilCNAL Sf fiGECF1 FG CR C.tQC3iGLRECEViNL R, Gm,A YRMEE OZ, LRROE OY@,t V=Z SECTIONAL DISTRICT MAP: 14-5-10 e `...�� CITY OF SANTA ANA. CA FORNTA Ordinance No. NS-XXXX Page 5 of 5 75B-129 This page left blank intentionally. 75B-130 EXHIBIT 5 75B-131 ER No. 2017-140, AA No. 2019-02 & CUP No. 2019-12 M II �•� I •� `, A � i � t 1 R2 e'er F'�• j� I[ r �19�'' 'Sy e Yi 1�911 S t -- pp 1 I RI �ta $nlle-bmi1Y Reddens. — ie.a.tam N Residence s e ro +c rzmem ,. aw A 1F 7* Fw-,... S'M r • r- m q! r it Rt: J.'[. , i m IE a[. R , ka. c IR e ''l Sp r pl SpeziftD ve!opmeat NnnedSM1 p0 6C t iill i ■ .j a f: Sc 14 M CemmuniryCammercialmuseom CnrM mG Cces,. aYGcmmn tial is«enn Cvmmtrtial R3 Gintnl Commercial LiEnt lnOuslnal Heel d.stnal ire!e:sicnal _ r Gn rnmmtGen[er _ y CCen Space � +. � G..enliNa:pnl 'r. iirl�litR11iR1d—sp: Z 201 V Dinital Man Prndiirta. 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L] A I 1 \0 L R[ i�dfiilC00�0000000 o � r 9 W e p B 6 o = Y . 5 � . w o m m w U' Q EXHIBIT 8 75B-137 WdNOO 035OdOW dnuiLaIW9 r Q EXHIBIT 9 75B-139 SNOLLYA3l3 tl01b31X3 U35CtlOtltl � �^r +=^m++ °' ABUiono YJ VNVYNYS � :AB NNYtlp ® /`(/��'1 A6M1O B1331YB 161'M R91 n p1Yl[IFO 3LY0 @LZEE /Efi90bOL# LPL F•"dnm86atpay J crvwsinscrvc..c��ca cw�M 6wspsw�rorvswi'mm Amnmoh+ms I �� + vasoxw 3mc ........-. I ®II d. OdOVd. �P _. _ `�&._,g ^ "� 'k )R[ §)qk �§§§ §� d � . ,■ �\ . � .■ r � , M Ma , � § . \ 06 �\ �- § § ■ .`_ §; ){ . z 75B.141 This page left blank intentionally. 75B-142 EXHIBIT 10 75B-143 !illfi,3� CDb5i 3 i!•, a W■ �•' �� 5 g 3r� ! ''=3 If P�ffI,i llgo!�f�i�i IulOi!li!e • u �OPP x x e x x = og9� kn 'ae jig 99�d . jr€ Agg WC� S 3 gggyy�9 ®' =li' waFF� oF 02Mgt, p €@a01�62 11;. 3 oa 4�da g g£ o a 9 a p eg ve'y A a 3 tl •eR A 33 g3 p'A aO g• � q ep �2An7 3s¢3ee p a HL g 8 I s 3 gag'g°"g �g `e� 'At' g% q$9 8 a 998 p $ti9? a3a 3 €a` S��• 39p; p85 ¢s rF p .. _.. tg a a 7g §g 3 zmNMV ASIVO HinOS O --� ----i , ED XO� -- w v0' � •ID: i a �eF ji EXHIBIT 11 75B-145 4+ wC' W r 75B-146 b a 75B-147 This page left blank intentionally. 75B-148 EXHIBIT 12 75B-149 PROJECT = 1904 W First Street, Santa Ana, CA Public Meetings Recap: Two public meetings were conducted at the local elementary school auditorium. There were 6-9 people at each meeting (as shown on the sign -in sheets) plus the project planner Mr. Jerry Guevara and the project proponents (Ms. Lorene Muniz attended the first meeting), Ms. Michelle Moore (attended the second meeting), Ms. Sherrie Olson and Mr. Ben Steckler). The meetings were informal with Mr. Steckler and Ms. Olson giving brief summaries of the project and displaying the project plans that had been submitted to the City plus handing out reduced color versions of the plans to the attendees, followed by a questions/comment period which included responses to each of the questions/comments received. Unfortunately, no meeting minutes were taken. The public attendees at the meetings included people both in support and in opposition to the project. The supporters were more silent and came to the project proponents after the meeting to provide their support (due to concerns they had about one of the people in opposition). The initial concern raised by the opponents was about the sale of beer and wine, to which the proponents indicated that this location was not going to sell beer and wine. This ensued in a long discussion about the beer and wine concerns, and the proponents indicated that the City code in Santa Ana would not allow for it at this location, and this appeased the concerns of the public attendees. Then the opponents indicated they had enough 7-Elevens in Santa Ana already, and did not need another. The proponents responded indicating that the site would be a brand new layout offering what we believed to be as safe and secure development as possible via on -site lighting and security cameras/surveillance as well as the layout of the site being supportive of Crime Prevention Through Environmental Design (CPTED) standards, with the structure in the rear, and the open areas to the public facing First Street and/or the intersection area of Daisy Ave. so that any police driving by could see into the site and the store. The opposition also indicated that the neighborhood was high -crime (one of them even recanted a story about someone in a gang nearby doing drugs off the hood of his car), and they were concerned about the possibility of people hanging out around the project site causing issues in the neighborhood. The proponents responded indicating again that the site was designed to prevent as much as possible any crimes being committed on the site and that the employees would have access to emergency call buttons for help in case anything did occur, besides describing the CPTED design and the on -site lighting and security measures (cameras and video surveillance). The opponents asked about the lighting, if it would glare into the nearby homes, and the proponents indicated that the lighting would be in compliance with current codes requiring safe on -site lighting that is directed down toward the site itself, in order to provide as safe and secure of an environment as possible via the new site design and improvements, while meeting the code standards which are in place specifically for the 75B-150 general health and well-being of the community. The public attendees also raised concerns that the development would bring more homeless to the area. The proponents responded that the store layout would not allow them to hide or camp anywhere and that the employees would not allow them to loiter in front of the store. The proponents also indicated that the existing site has had to be cleaned up from the current homeless and other nefarious characters who are using the site due to the lack of any public presence at the abandoned restaurant, indicating that the proposed new development would h strongly discourage any homeless or other nefarious activity at the site by providing 24 hour operation that has security cameras that will record the activity onsite and help to deter not only problem activity at the site, but also in the immediate vicinity. Various City police departments have used security footage from the surveillance systems to apprehend people who have committed crimes at other locations and were fleeing along adjacent streets but were caught on the security cameras and identified for apprehension. The proponents truly believe that the proposed development will be a safe and secure "good neighbor' in the community. In addition to the two meetings, the proponents had reached out directly to the community and received signatures in support of the project from numerous residents within the community. The support signatures have been provided to the project planner, Mr. Jerry Guevara for inclusion in the project file. 75B-151 7-11 NOTICE OF PUBLIC MEETING SIGN —IN SHEET TUESDAY, DECEMBER 12, 2017 6PM -8PM 1904 W 1st STREET, SANTA ANA, CA 92703 NAME !! ADDRESS 1 PHONE# 2. �ikl, 3. CR Y (71 P, y1CZ Cc 4.�J�y F �Ji4cv� 1 e) y 54 02l$�/F�1U� 7/�f �G�J-32�p 7. SOVIfil O Ctgi C-e-2_ > W "2c�o� 8. 9. 10. 11. 12. 13. 14. 7-11 NOTICE OF PUBLIC MEETING SIGN -IN SHEET THURSDAY,FEBRUARY 8,2018 6PM -8PM 1904 W 15C STREET, SANTA ANA, CA 92703 NAME ADDRESS PHONE# 1.yyyw� 2. X-)viet- 3. �je�/h Zar, Zori S. F�•lGlrh s �. C7/Y� 7G Y- /yJ 3 4. L-7M 14,10 L � 6. 7. 8. 9. 10. 11. 12. 13. 14. 75B-153 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which news- paper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: December 5, 2017 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: December 5, 2017 Signature The Orange County Register 2190 S. Towne Centre Place Anaheim, CA 92506 (714) 796-2209 PROOF OF PUBLICATION 7-Eleven Cordially invites no to a community InfafmallPa meeting •`•Note —Change of m^efin9 ;APPIiCanl: 7-ELEVEN ING jProiect Request: Request to allow a Proposed new upscale 24 hour ,7.Eleven Market wah Gas Station. Conditional Us- Permit with Zone 'Change. PrapertYAddress: 1904 W ist STREET., SANTA ANA, CA 92703 7-Eleven will canduct o Public meetin concerning the above Request. You are Invited to offend and prov7de comment. PLACE: Monte Vista ElemEMory 2116 W Manta Vista, Santo Anal CA 9270E l ,DATE: TUESDAY, DECEMBER 12,2017 TIME: 6:00PM-OPM 1f you have 'Questions regarding this event or you require Iaaguye InterprElMion services in languages other than EnglMtu Please conlad Shortie Olson 907ib7.168a or shertieolson7�gmall.rnm Publish: Orange County Register Decamber5, 2017 17049319. 75B-154 Proposed Project location > to a (g mm1tsf��•�a � 1 d P'^ t- � ? Q q�9 ***Note — Change of meeting elate******* Applicant: 7-ELEVEN INC. Project Pequest: Request to allow a proposed new upscale 24 hour 7- Eleven Market with Gas Station. Conditional Use permit with Zone change. Property Address: 1904 W I' STREET., SANTA ANA, CA 92703 7-Eleven will conduct a public meeting concerning the above request. You are invited to attend and provide comment. PLACE- Monte Vista Elementary 2116 W IV[i onta Vjsta, Santa Asia, CA 92703 DATE: TUESDAY, DECEMBER 129 2017 TEWE: 6:00FM -8PM If you have questions regarding this event or you require language interpretation services in languages other than English, please contact Sherrie Olson 909-467-1880 or sherrieolson2@gmaii.com 75B-155 E� Ubleaci®n del proyeeto propuesto > —i - F N aYtlN: 7-210veff 80 Iflyka C©rrdeagmenee a 05900290. a Una rreung@'n d(@- !nf@F-fflw ®w (do Is C©meow®rjad ' Obse' °rvese ell mmblD ale fech . de reunnnMn Solicitante: 7-ELEVEN INC. Solicitud de proyeeto: Solicitud de una nueva propuesta de una escala de 7-Eleven mercado abierto las 24 horas con la gasolinera. Penniso de use conditional con canibio de zona. de la propiedad: 1904 W I". STREET., SANTA ANA, CA 92703 7-Eleven llevari a cabo una reuni6n puiblien sobre esta solicitud. Les invitamos a asistir y proporcionar comeutario. PLACE: LUGAR: Monte Vista Elementary 2116 W Monta Vista, Santa -Ana, CA 92703 DATE /FECI�IA: Martes,12 de dielembre de 2017 TffME: 6:00 PM - 8PM Si usted tiene preguntas acerea de este evento o que requieren servicios de interpretaci6n de idionias en idiomas distintos del inglds, por favor, p6ngase en contacto con: Sherrie Olson 909-467-1380 or sherrieolson2@gmaii.com Proposed Project location > 7-Weven Cardlaffy invites you to community information ***Note — Change of meeting date******* Applicant: 7-ELEVEN INC. Project Request: Request to allow a proposed new upscale 24 hour 7- Eleven Market with Gas Station. Conditional Use permit with Zone change. Property Address: 1904 W In STREET., SANTA ANA, CA 92703 7-Eleven will conduct a public meeting concerning the above request. You are invited to attend and provide comment. PLACE: Monte Vista Elementary 2116 W Monta Vista, Santa Ana, CA 92703 DATE: THURSDAY, FEBRUARY 8, 2018 TIME: 6:OOPM -8PM If you have questions regarding this event or you require language interpretation services in languages other than English, please contact Sherrie Olson 909-467-1880 or sherrieolson2@gmaii.com gmail.com Ubicacibn del proyecto propuesto > 7-Eleven ie invita cardMimente a azistir a una reunion de inf®Pmaei®n de la c®rr unidad *** Observese el cambio de ffecha de reunion *" Solicitante: 7-ELEVEN INC. Solicitud de proyecto: Solicitud de una nueva propuesta de Una escala de 7-Eleven mercado abierto las 24 horas con la gasolinera. Permiso de use condicional con cambio de zona. de In propiedad: 1904 W I". STREET., SANTA ANA, CA 92703 7-Eleven llevarb a cabo una reuni6n p6blica sobre esta solicitud. Les invitamos a asistir y proporcionar comentario. PLACE: LUGAR: Monte Vista Elementary 2116 W Monta Vista, Santa Ana, CA 92703 X)ATE /FECHA: Jueves, 8 cue febrero de 2018 — - -- — — TIME: 6:00 PM - 8PM Si usted tiene preguntas acerca de este evento o que requieren servicios de interpretacion de idiomas en idiomas distintos del inglds, por favor, p6ngase en contacto con: This page left blank intentionally. 75B-159 This page left blank intentionally. 75B-160 EXHIBIT 13 75B-161 MITIGATED NEGATIVE DECLARATION The Mitigated Negative Declaration (MND) and Technical Appendices are available at the following locations: Online: https://www.santa-ana.org/7-eleven-convenience-store-gas-station-1904-w-first-street 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 7-Eleven at 1904 West First Street MITIGATED NEGATIVE DECLARATION LINK 75B-162 EXHIBIT 14 75B-163 Letter No. 1 GAEME.LE NO BAND OF MISSION INDIAN5 - KIZH NATION Historically known as The San Ga6riel j)and of Mission Indians recognized 6,9 the State of California as the aboriginal tri6e of the Los Angeles basin Notice of Intent to Adopt An Initial Study/ Mitigated Negative Declaration May 10, 2019 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Good Morning Jerry C. Guevara, We have received your Notice of Intent to adopt a Negative Declaration for the 7-Eleven Convenience Store and Service Station Project in the location of Orange County. Our Tribal Government would like to be consulted if any ground disturbance will be conducted for this project. Sincerely, Gabrieleno Band of Mission Indians/Kizh Nation (1844) 390-0787 Office 75B-164 Letter No. 2 SENT VIA E-MAIL AND USPS: May 14, 2019 JGuevara(&s anta-ana.org Jerry C. Guevara, Assistant Planner I City of Santa Ana, Planning Division 20 Civic Center Plaza (P.O. Box 1988) Santa Ana, CA 92701 Mitigated Negative Declaration (NIND) for the Proposed 7-Eleven Convenience Store and Service Station South Coast Air Quality Management District (South Coast AQMD) staff appreciates the opportunity to comment on the above -mentioned document. The following comments are meant as guidance for the Lead Agency and should be incorporated into the Final MND. South Coast AOMD Staff's Summary of Project Description The Lead Agency proposes to demolish a 1,610-square-foot restaurant, and construct a 2,480-square-foot convenience store, an 810-square-foot gasoline service canopy with two pumps, and two 20,000-gallon underground storage tanks on 0.15 acres (Proposed Project). Construction of the Proposed Project is expected to begin in October 2019 and last seven months'. Responsible Agency, Air Permit, and Compliance with South Coast AOMD Rules Since the Proposed Project includes the operation of a gasoline service station with two pumps and installation of underground storage tanks, a permit from South Coast AQMD will be required, and South Coast AQMD should be identified as a Responsible Agency for the Proposed Project in the Final MND. Should there be any questions on permits, please contact South Coast AQMD's Engineering and Permitting staff at (909) 396-3385. For more general information on permits, please visit South Coast AQMD's webpage at: htip://www.agmd.gov/bome/pemmts. The Final MND should also include discussions to demonstrate compliance with applicable South Coast AQMD Rules, including, but not limited to, Rule 201 — Permit to Construct, Rule 203 — Permit to Operate;, Rule 461 — Gasoline Transfer and Dispensing', Rule 1170 — Methanol Compatible Fuel Storage and Transfers, and Rule 1401 — New Source Review of Toxic Air Containments6. It is important to note that assumptions used in the air quality and health risks analyses in the Final MND will be used as the basis for permit conditions and limits. If there is any information in the permitting process suggesting that the Proposed Project would result in significant adverse air quality and/or health risks impacts not discussed in the Final MND or substantially more severe air quality and/or health risks impacts than those discussed in the Final MND, the Lead Agency should commit to reevaluating the Proposed Project's air quality and health risks impacts through a CEQA process (CEQA Guidelines Section 15162). The 2015 revised Office of Environmental Health ' MND. Page. 26. 1 South Coast AQMD. Rule 201 —Permit to Construct. Accessed at: htty://www.a(jmd.eov/dots/default-source/mle-book/ree- ii/rule-201.ndf. 7 South Coast AQMD. Rule 203 —Pemut to Operate. Accessed at: htto://www.agmd.eov/docs/default-source/rule-book/ree- ii/rule-203.pdf. 4 South Coast AQMD. Rule 461 —Gasoline Transfer and Dispensing. Accessed at: httr)://vnvw.acimd.gov/docs/default- source/mle-book/mle-iv/rule-46 Lodf. 6 South Coast AQMD. Rule 1170 — Methanol Compatible Fuel Storage and Transfer. Accessed at: http://www.agmd.gov/does/default-source/mle-book/reg-xi/mle- 1170.pdf. 6 South Coast AQMD. Rule 1401 — New Source Review of Toxic Air Contaminants. Accessed at: btty://www.ag md.gov/dots/default-source/rule-book/reg-xiv/rule-1401.r)df. 75B-165 Hazard Assessment (OEHHA) methodology' is being used by South Coast AQMD for determining operational health impacts for permitting applications and also for all CEQA projects where South Coast AQMD is the Lead Agency. Conclusion Pursuant to CEQA Guidelines Section 15074, prior to approving the Proposed Project, the Lead Agency shall consider the MND for adoption together with any comments received during the public review process. Please provide South Coast AQMD with written responses to all comments contained herein prior to the adoption of the Final MND. When responding to issues raised in the comments, response should provide sufficient details giving reasons why specific comments and suggestions are not accepted. There should be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information do not facilitate the purpose and goal of CEQA on public disclosure and are not meaningful, informative, or useful to decision makers and the public who are interested in the Proposed Project. South Coast AQMD staff is available to work with the Lead Agency to address any air quality questions that may arise from this comment letter. Please contact me at Isunna,aumd.eov, should you have any questions. Sincerely, ze)if t scut Lijin Sun, J.D. Program Supervisor, CEQA IGR Planning, Rule Development & Area Sources LS ORC 190509-01 Control Number ' Office of Environmental Health Hazard Assessment. "Notice of Adoption of Air Toxics Hot Spots Program Guidance Manual for the Preparation of Health Risk Assessments 2015". Accessed at: https://ochha.ca.aov/air/emr/notice-adoption-air-toxics- hot-spots-nmu=-Ruidance-manual-preparation-health-risk-0. 75B-166 Letter No. 3 M OCTA May 28, 2019 BOARD OFDIRECTORS Tun Shan Chairman Mr. Jerry C. Guevara Shove Jones Yrce Chairman City of Santa Ana Planning Division 20 Civic Center Plaza (PO Box 1988) UsaA Donlon Director Santa Ana, CA 92701 Doug Chaffee Director Subject: 7-Eleven Convenience Store and Service Station Mitigated Laurie Davies Negative Declaration Director Qtmara Doiglelze Director Dear Mr. Guevara: Andrea Do Director Thank you for providing the Orange County Transportation Authority (OCTA) with Mocha el Hennessey DIICLte1 the Mitigated Negative Declaration for the 7-Eleven Convenience Store and Gene Hernandez Service Station (Project). The following comments are provided for your Director consideration: Jose F. Moreno D:ioctor a Please clarify the existing conditions for all Orange County Master Plan of Joe Afuller Arterial Highways (MPAH) facilities within the study area. Director Mark A.Murphy . Raitt Street is planned as a secondary arterial highway (four -lane, Director undivided) on the MPAH, but is currently built as a two-lane facility. Please Richard Murphy Director update the Project analysis with an accurate reflection of current and future configurations related to Raitt Street. M,iguetpulido Director Michelin Sheet • IS/MND, Transportation, Study Area Intersections, on page 102 states Director 'Table 15 lists the five key study intersections evaluated in the report in Dould P. Wagner accordance with the scope of work approved by the City of.Santa Ana." Director Please clarify why Table 15 shows six key study intersections. GregoryT VGnterboltom Director • IS/MND, Transportation, City of Santa Ana LOS and Significance Criteria, Ryan Chamberlain Ex-Offrcia Member on page 102 states "For signalized intersections that have an existing LOS of F, a project increase of 1 percent of capacity is considered significant." As stated, the City's acceptable level of service is LOS D or better. Are ;HIEFEXECUTIVE OFFICE signalized intersections that have an existing LOS of E, with a project Darrell E. Johnson increase of 1 percent of capacity, also considered significant? Chief Executive Officer • Appendix H, Section 4.3.2 Cumulative Projects Traffic, provides information on future projects in the vicinity of the study area. Please jJ5WvuZA71partafion Authority 550 South MainSfreet/P.0 4'Y r��r�//California 92863-1584 /(714)560-0CTA (6282) Mr. Guevara May 28, 2019 Page 2 consider the proposed changes in the Santa Ana Circulation Element Update. Throughout the development of this project, we encourage communication with OCTA on any matters discussed herein. If you have any questions or comments, please contact me at (714) 560-5907 or at dphu neocta.net: Sincerely, /4 X� Dan Phu Manager, Environmental Programs 75B-168