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HomeMy WebLinkAbout01-28-19_AGENDA PACKETPLANNING COMMISSION AGENDA 1 January 28, 2019 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA JANUARY 28, 2019 5:30 P.M. COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative ERIC ALDERETE Ward 1 Representative LYNNETTE VERINO Ward 2 Representative KENNETH NGUYEN Ward 3 Representative DAVID BENAVIDES Ward 4 Representative ANGIE CANO Ward 6 Representative The Planning Commission Agenda can be found online at https://www.santa-ana.org/cc/city-meetings Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Prior to the meeting: If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org by 3:00 p.m. the day of the meeting; emails received after said time will not be distributed to the Commission but will be on file for public viewing the day after the meeting. During the meeting: If you wish to comment on any item on the Agenda, please complete and submit a Request to Speak form to the Commission Secretary before the agenda item is considered. Request to Speak forms will be available at the meeting. Members of the public will be allotted 3 minutes to speak, unless additional time is granted by the Chairperson. Request to Speak shall not be accepted after the public comment session begins without permission of the Chairperson. If you need special assistance to participate in this Planning Commission meeting, please contact Michael Ortiz, ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting [Americans with Disabilities Act, Title II, 28 CFR 35.102]. Lisa E. Storck Legal Counsel Candida Neal, AICP Planning Manager Sarah Bernal Recording Secretary This page left blank intentionally. PLANNING COMMISSION AGENDA 2 January 28, 2019 Basic Planning Commission Meeting Information Five-Year Strategic Plan (2014-2019): Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles - •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana Code of Ethics and Conduct: The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Senate Bill 343: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Planning Commission: The Santa Ana Planning Commission consists of seven residents of the city who are appointed by Santa Ana City Councilmembers. The Commission meets regularly on the second and fourth Monday of each month in the Council Chamber located at 22 Civic Center Plaza, Santa Ana, CA 92701. Meetings begin at 5:30 p.m., unless otherwise noted. The Planning Commission is responsible for providing input to the City Council on long-range planning. Santa Ana’s long-range planning goals are embodied in the General Plan. The General Plan and the amendments to it are reviewed by the Planning Commission and adopted by the City Council. The General Plan is implemented through the City’s development regulations. The Planning Commission has the authority to approve or deny applications concerning development within the City. The category of applications includes Tentative Tract Maps, Conditional Use Permits, Minor Exceptions, and Variances. The Planning Commission also makes recommendations to the City Council on all applications for amendments to Zoning and the General Plan. Agenda: An agenda is provided for each Planning Commission meeting. The Planning Commission agenda is posted on the posting boards outside the Civic Center entrance and Council Chamber. Meeting agendas and approved PLANNING COMMISSION AGENDA 3 January 28, 2019 minutes are kept current on the City website at www.santa-ana.org/cc/city-meetings. The items on the agenda are arranged in four categories: Consent Calendar: These are relatively minor in nature, do not have any outstanding issues or concerns, and do not require a public hearing. All consent calendar items are considered by the Commission as one item and a single vote is taken for their approval, unless an item is pulled from the consent calendar for individual discussion. There is no public discussion of consent calendar items unless requested by the Commission. Public Hearings: This category is for case applications that require, by law, a hearing open to public comment because of the discretionary nature of the request. Public hearings are formally conducted and public input/testimony is requested at a specific time. This is your opportunity to speak on the item(s) that concern you. If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Business Items: Items in this category are general in nature and may require Commission action. Public input may be received at the request of the Commission. See information for Speaker’s Card/Request to Speak on the first page. Work Study Session: Items in this category are generally items requiring discussion. No action will be taken. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. Staff Reports: Staff reports can be downloaded from the City’s website at https://www.santa-ana.org/cc/city- meetings If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact the Planning and Building Agency at 714- 667-2732. Appeals: The formal action by the Planning Commission shall become effective after the ten-day appeal period, unless the City Council in compliance with section 41-643, 41-644 or 41-645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission must be filed with the Clerk of the Council and a copy sent to the Planning Department within ten days of the date of the Commission’s action. The appeal may be made by any interested party, individual or group. Submittal of information for dissemination or presentation at public meetings: Media Types and Guidelines 1. Written Materials/Handouts: Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the Planning Commission. Please provide 15 copies of the information to be submitted and file with the Recording Secretary at the time of arrival to the meeting. This information will be disseminated to the Planning Commission at the time testimony is given. 2. Large Displays/Maps/Renderings: Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the Planning and Building Agency at 714-667-2732 no later than noon on the day of the scheduled meeting. 3. Electronic Documents/Audio-Visuals: Any member of the public who desires to display information electronically in conjunction with their public testimony is asked to submit the information to the Planning and Building Agency at 714-667-2732 no later than noon on the day of the scheduled meeting. PLANNING COMMISSION AGENDA 4 January 28, 2019 CITY OF SANTA ANA PLANNING COMMISSION MEETING AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. No action may be taken on non-agenda items unless authorized by law. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A-B. A. MINUTES FROM THE REGULAR MEETING OF JANUARY 14, 2019 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * ** CONSENT CALENDAR All matters listed under the Consent Calendar are considered routine by the Planning Commission. These items will be enacted by one motion without discussion unless otherwise directed by the Chairperson. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. PLANNING COMMISSION AGENDA 5 January 28, 2019 PUBLIC HEARING 1. TENTATIVE PARCEL MAP NO. 2018-03 AND SPECIAL USE PERMIT NO. 2018-01 TO ALLOW THE SUBDIVISION OF AN EXISTING 9.98-ACRE PARCEL INTO SIX AIR-RIGHT CONDOMINIUM UNITS LOCATED AT 1920 E. DEERE AVENUE – LUKE CORSBIE, APPLICANT {STRATEGIC PLAN NOS. 3, 2}— Ivan Orozco, Case Planner. Pursuant to the California Environment Act (CEQA), the project is categorically exempt per Section 15301 of the CEQA guidelines. Legal noticed published in the Orange County Reporter on January 18, 2019 and notices mailed on January 18, 2019. RECOMMENDED ACTIONS: 1. Adopt a resolution approving Tentative Parcel Map No. 2018-03 (County Map 2017- 155), as conditioned. 2. Adopt resolution approving Special Use Permit No. 2018-01, as conditioned. 2. CONDITIONAL USE PERMIT NO. 2018-25 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2019-02 TO ALLOW AFTER-HOURS OPERATION AT JUGOS ACAPULCO WITH WINGS RESTAURANT LOCATED AT 307 E. FIRST STREET, UNITS 1-A, 1-B AND 1-C – CONCUELO ARREDONDO, APPLICANT {STRATEGIC PLAN NOS. 3,2} — Jerry Guevara, Case Planner. Pursuant to the California Environment Quality Act (CEQA) the project is exempt per Section 15301 of the CEQA Guidelines. Legal noticed published in the Orange County Reporter on January 18, 2019 and notices mailed on January 18, 2019. RECOMMENDED ACTIONS: Adopt a resolution approving Conditional Use Permit No. 2018-25 and Conditional Use Permit No. 2019-02, as conditioned. BUSINESS CALENDAR All matters listed under the Business Calendar are generally items requiring discussion and action. Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. PLANNING COMMISSION AGENDA 6 January 28, 2019 3. CONDITIONAL USE PERMIT NO. 2019-26 TO ALLOW A DRIVE-THROUGH LANE AND VARIANCE NO. 2018-12 TO ALLOW A REDUCTION IN REQUIRED STREET-SIDE SETBACKS AND A DRIVEWAY WITHIN 150 FEET OF A STREET INTERSECTION FOR A NEW RESTAURANT BUILDING LOCATED AT 2701 NORTH GRAND AVENUE– AMIR HOURIANI, APPLICANT {STRATEGIC PLAN NOS. 3, 2} — Ali Pezeshkpour, Case Planner. Pursuant to the California Environment Quality Act (CEQA) the project is categorically exempt per Section 15303 of the CEQA Guidelines – Class 3/urban infill. Legal noticed published in the Orange County Reporter on January 18, 2019 and notices mailed on January 18, 2019. RECOMMENDED ACTIONS: 1. Adopt a resolution approving Conditional Use Permit No. 2018-26 as conditioned to allow drive-through window service. 2. Adopt a resolution approving Variance No. 2018-12 as conditioned to allow for: a. A reduction in required landscape setbacks, and b. Utilization of two existing driveways within 150 feet of a street intersection. 4. CONDITIONAL USE PERMIT NO. 2019-01 TO ALLOW FOR THE CONSTRUCTION OF A NEW TWO-STORY, 9,928-SQUARE FOOT COMMUNITY SERVICE BUILDING AND ADDITIONAL SEATS WITHIN THE EXISTING CHURCH FOR ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH LOCATED AT 4405 WEST EDINGER AVENUE, AND MINOR EXCEPTION NO. 2019-01 TO ALLOW THE TWO-STORY COMMUNITY SERVICE BUILDING TO EXCEED THE MAXIMUM BUILDING HEIGHT OF 27 FEET BY 5 FEET, 5 INCHES, FOR A TOTAL HEIGHT OF 32 FEET 5 INCHES. THE PROJECT ALSO INCLUDES DEMOLITION OF FIVE EXISTING SINGLE-FAMILY HOMES AND CONSOLIDATION OF THE LOTS INTO ONE PARCEL – MARIAM SOLIMAN APPLICANT {STRATEGIC PLAN NOS. 3, 2}— Selena Kelaher, Case Planner. Pursuant to the California Environment Quality Act (CEQA) the project is exempt per Section 15332 of the CEQA Guidelines - Class 32 In-Fill Development Projects. Legal noticed published in the Orange County Reporter on January 18, 2019 and notices mailed on January 18, 2019. RECOMMENDED ACTIONS: 1. Adopt a resolution approving Conditional Use Permit No. 2019-01 as conditioned. 2. Adopt a resolution approving Minor Exception No. 2019-01. * * * END OF BUSINESS CALENDAR * * * PLANNING COMMISSION AGENDA 7 January 28, 2019 COMMENTS 5. STAFF COMMENTS 6. COMMISSION MEMBER COMMENTS ADJOURNMENT –The next regular meeting is scheduled for Monday, February 11, 2019 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • General Plan Amendment 17-03;Tract Map 17-04;Variance 17-10_3025 W. Edinger Avenue • Zoning Ordinance Amendment 19-01; Conditional Use Permit 19-04_2609 W. Fifth Street 1 PLANNING COMMISSION MINUTES January 14, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA January 14, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:47 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE DAVID BENAVIDES CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair ANGIE CANO KENNETH NGUYEN LYNETTE VERINO COMMISSIONERS Absent: None. PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney VINCE FREGOSO, Principal Planner SELENA KELAHER, Associate Planner PEDRO GOMEZ, Associate Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF DECEMBER 10, 2018 MOTION: Approve Minutes. MOTION: Alderete SECOND: Nguyen VOTE: AYES: Alderete Contreras-Leo, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: Benavides, Cano (2)* A-1 2 PLANNING COMMISSION MINUTES January 14, 2019 ABSENT: None (0) B. EXCUSED ABSENCES MOTION: Excuse absent commission members: Alderete MOTION: Alderete SECOND: Nguyen VOTE: AYES: Alderete Contreras-Leo, McLoughli, Nguyen, Verino (5) NOES: None (0) ABSTAIN: Benavides, Cano (2)* ABSENT: None (0) *Commissioners abstained as they were not in attendance at the December 10, 2018 meeting. * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARING 1. DENSITY BONUS AGREEMENT APPLICATION NO. 2018-01 TO ALLOW CONSTRUCTION OF A 93-UNIT MULTI-FAMILY AFFORDABLE RENTAL RESIDENTIAL PROJECT LOCATED AT 609 NORTH SPURGEON STREET – NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA, APPLICANT Legal noticed published in the Orange County Reporter on January 4, 2019 and notices mailed on January 4, 2019. Case Planner Pedro Gomez provided a presentation which included information on the following: • Project Description • Site Aerial • Adjacent Neighborhoods • Site Plan • Elevations • Density Bonus Calculation • Requested Incentives/Concessions • Project Analysis Commission discussion ensued regarding the site plan review process and by-right development. Commissioner Cano suggested that the project be changed from 100% affordable to mixed-income, as originally proposed. The applicant spoke in support of the project as proposed. A-2 2 PLANNING COMMISSION MINUTES January 14, 2019 Written communication in opposition to the matter was received from Tim Rush. Chair McLoughlin opened the Public Hearing. The below speakers support the project. Statements in support of the matter were generally made regarding the property owner’s desire to continue their ministries by providing housing and the benefit the project will have on the community as it provides housing to those in need. • Ivan Rodriguez • Kerry Wright • Ruben Esponda • Adiel DePano • Doug Gillen • Nina Khiv • Deborah Gillen • Jose Sanchez The below speakers oppose the project. Statements in opposition to the matter were generally made regarding safety, inadequate parking, opposition to the demolition of a church, inadequate time for public review, and benefits the two churches renting the property provide to the community. • Mike Rakhshani • Jeff Dickman • Debbie McEwen • Joel Solis • Gabriel Hernandez • Jules (last name not provided) • Adelina Navarra • Amelia Sanchez • Jessica Barnoso • Amalia Ventura • Shadi Allamehzedeh The applicant responded to speakers’ concerns indicating that a community meeting was held on November 27, 2018 and notice was mailed to those residing within a 500’ radius of the project site; a community service center located on the project site will be accessible to the neighborhood residents and provide support services to the community. Chair McLoughlin made a final call for public comments. The following spoke on the matter: • Jevon Crane – both sides should be considered. There were no other speakers and the Public Hearing was closed. Commission discussion ensued regarding the applicant’s financing timeline, by-right development, community meetings, and inadequate parking. Commission announced that the matter before them was only to consider the Density Bonus Agreement and generally agreed that there is a need for affordable housing. Commissioner Cano and Nguyen dissented citing concern with inadequate parking and the demolition of a religious building. MOTION: Adopt a resolution approving Density Bonus Agreement Application No. 2018-01 as conditioned. A-3 2 PLANNING COMMISSION MINUTES January 14, 2019 MOTION: Alderete SECOND: Contreras-Leo VOTE: AYES: Alderete, Benavides, Contreras-Leo, McLoughlin, Nguyen, Verino (6) NOES: Cano, Nguyen (2) ABSTAIN: None (0) ABSENT: None (0) 2. FINAL ENVIRONMENTAL IMPACT REPORT NO. 2018-01, DEVELOPMENT AGREEMENT NO. 2018-01, GENERAL PLAN AMENDMENT NO. 2018-06 AND AMENDMENT APPLICATION NO. 2018-10 FOR THE PROPOSED MULTI-FAMILY DEVELOPMENT LOCATED AT 2525 NORTH MAIN STREET – AC2525 Main Street, LLC, APPLICANT Matter continued from the meeting held on November 26, 2018 by a vote of 4:1 (Verino absent). Legal notice published in the Orange County Register on January 4, 2019 and notices mailed on January 4, 2019. The following disclosures were made: • Commissioner Contreras-Leo – contacted by the developer. • Commissioner Alderete – contacted by the developer. • Commissioner Verino – met with neighborhood leader, Dale Helvig. • Commissioner Nguyen – received the video presentation from the developer. • Chair McLoughlin – met with the developer’s representative, Pam Sapetto, and neighborhood leader, Dale Helvig. Commissioner Cano recused herself from the matter due to a political contribution received from the developer in 2018. She left the meeting and did not return. Case Planners Fregoso and Kelaher provided a presentation which included information on the following: • Entitlements • Project Overview • Aerial Photo • Site Plan • Development Agreement • Conceptual Park Improvements • Environmental Impact Report • General Plan Amendment • Amendment Application • Public Participation • Project Access • Secondary Access • Traffic • Parking • Density • Height • Neighborhood Characteristics • Economic Analysis A-4 2 PLANNING COMMISSION MINUTES January 14, 2019 Case Planners Fregoso and Kelaher responded to Commission inquiries regarding parking, the parking management plan, architectural design, cumulative impacts of projects in surrounding area, Walkie-Way site access, current zoning, and the Development Agreement terms. Questions relating to traffic congestion and Level of Service were answed by Ruben Castenada, Public Works Agency. The applicant’s representative, Pam Sapetto, spoke in support of the matter and provided a video presentation. Written communication in support of the matter was received by the following individuals: • Lewis & Jeanette Wood (2) • Tim Johnson • Alfredo Quitral • Elizabeth Hansburg Written communication in opposition of the matter was received by the following individuals: • Darcie Cancino • Kelly Medina • J.J. Janis • Diane Fradkin • Laborers International Union of North America, Local Union No. 652 • Bill Bonnett • Dale Helvig (2) • Roger Allen • Flor Barajas-Tena • Alan Fuller • Washington Square Neighborhood Association • Eric Rosenburg • Angela Solis • Tim Rush Chair McLoughlin opened the Public Hearing. The below speakers support the project and cited the following reasons: project is supported by the Discovery Cube Board, provides additional housing to help alleviate the housing shortage; positive impact on the local economy; located on an arterial road; existing zoning (Professional Office) will produce more traffic than what is being proposed; Housing Accountability Act limits ability of local agencies to deny projects; and Level of Service as a qualitative measure to analyze traffic flow will eventually be eliminated. • James Walkie Ray • Jessie Arren • Lydia Notoola • Judy Amador • George Atalla • Arianne • Alan • Jensen • Matthew Miller • Gilbert Rojas • Freddy Arbiso • Michael A. • Vanessa Ramirez • Alex Ramirez • Bailey Marrs • Rey Ferdin • Vince Romo • Irma Montagalano • Richard Lopez • Daniel Ortiz • Robert Placencio • Paul Morales • Veronica Morales • Yvette Estrada A-5 2 PLANNING COMMISSION MINUTES January 14, 2019 • Annette Arellano • Lisa Flores • Erica Estrada • Chris • Cassius Rutherford • Elizabeth Hansburg • Tim Johnson The below speakers oppose the project and expressed concern with the following: Development Agreement terms and conditions; inadequate parking; density; bulk/scale; increased traffic; site access; cumulative impact of other projects; increased noise, discrepancies within the Environmental Impact Report i.e. closure of the I-5 HOV lane, impacts of the Main Place Mall project, air quality, mitigation measures, and traffic impacts; proposed General Plan Amendment from Professional Office to District Center; incompatibility of the project with the surrounding neighborhood; possible decline of the existing neighborhood; unaffordability of the apartment units; removal of the existing palm trees along project site; close proximity of the project to the residential neighborhood; unwillingness of the Developer to work with the neighborhood; questionable actions by the Developer; and campaign contributions made by the Developer to Council members. • Suzanne Blav • Gary Crane • Patty Maize • Rory Kirk • Clay • Phil Schaefer • Rob Richardson • Edward Ganz • Lisa Ganz • Brian Poteraj • Sharon Gullikson • Thomas Cartnegan • Christine Denny-Helvig • Jeff Dresser • Gary Hendricks • Peter Katz • Genelle Johnson • David Pockett • Esther Lopez • Frank Lopez • Sue McDonald • Kelly Medina • Adriana De La Rosa • Justin Chapman • Paul Maag • Peggy Steggell • Steve Gorgone • Madrigal Cancino • Patricia Coleman • Darcie Cancino • Dale Helvig • Karyn Igar • Deborah Hicks • Jeffrey Katz • Mike Plantamura • Marilyn Fuller • John Fradkin • Bill Bonnett* • Art Mendelsohn • Noah Garrison • Cathy Morehead • Steve Swytak • Michael O’Valle • Jane Chapman • David Slaton • Dimitri Luja • Michelle O’Valle *submitted a petition opposing the project with over 500 signatures. A-6 2 PLANNING COMMISSION MINUTES January 14, 2019 The following speaker maintained a neutral position commenting that if the project is approved, local licensed carpenters should be hired to construct the building. • Rich Gomez There were no other speakers and the Public Hearing was closed. The applicant’s representative, Pam Sapetto, spoke further in support of the matter and requested that the Commission approve the project. Commission discussion ensued. A majority of the Commission did not express support for the project. Commission generally cited the following as reasons for not supporting the project: too dense, inadequate parking, incompatible with the nearby Park Santiago neighborhood, and strong opposition from the neighborhood residents. Commissioners Alderete and Benavides dissented, citing the following as reasons for supporting the project: improves economic development, is situated in a prime location, and will provide 1.6 million which will be used for affordable housing. MOTION: Recommend that the City Council: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2018-01 (SCH No. 2018021031), adopt environmental findings of fact pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations, adopt Mitigation Monitoring and Reporting Program and approve the proposed project. 2. Adopt an ordinance approving the Development Agreement No. 2018-01. 3. Adopt a resolution approving General Plan Amendment No. 2018-06. 4. Adopt an ordinance approving Amendment Application No. 2018-10 for Specific Development No. 93. MOTION: Benavides SECOND: Alderete VOTE: AYES: Alderete, Benavides (2) NOES: Contreras-Leo, McLoughlin, Nguyen, Verino (4) ABSTAIN: Cano (1)* ABSENT: None (0) *Commissioner Cano recused. **Vote taken by roll call. Motion Fails. A-7 3 PLANNING COMMISSION MINUTES January 14, 2019 MOTION: Recommend that the City Council deny the following: 1. Adopt a resolution certifying Final Environmental Impact Report No. 2018-01 (SCH No. 2018021031), adopt environmental findings of fact pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations, adopt Mitigation Monitoring and Reporting Program and approve the proposed project. 2. Adopt an ordinance approving the Development Agreement No. 2018-01. 3. Adopt a resolution approving General Plan Amendment No. 2018-06. 4. Adopt an ordinance approving Amendment Application No. 2018-10 for Specific Development No. 93. MOTION: Contreras- Leo SECOND: Nguyen VOTE: AYES: Contreras-Leo, McLoughlin, Nguyen, Verino (4) NOES: Alderete, Benavides (2) ABSTAIN: Cano (1)* ABSENT: None (0) *Commissioner Cano recused. **Vote taken by roll call. ***END OF BUSINESS CALENDAR*** COMMENTS 3. STAFF COMMENTS: None. 4. COMMISSION MEMBER COMMENTS All Commissioners welcomed Commissioner Benavides and Commissioner Cano as new members and thanked staff. Commissioner Nguyen • Encouraged everyone to celebrate Vietnamese New Year on February 9 in Little Saigon 11:59 P.M. ADJOURNMENT –The next regular meeting is scheduled for Monday, January 28, 2019 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. A-8 1-1 1-2 1-3 1-4 1-5 1-6 EXHIBIT 1 1-7 This page left blank intentionally. 1-8 Resolution No. 2019-xx Page 1 of 9 LS 01.28.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2018-03 AND SPECIAL USE PERMIT NO. 2018-01 AS CONDITIONED TO SUBDIVIDE AN EXISTING COMMERCIAL DEVELOPMENT INTO SIX AIR- RIGHT CONDOMINIUM UNITS AND TWO LOTS FOR THE PROPERTY LOCATED AT 1920, 1924, 1928, 1932, 1936, AND 1940 EAST DEERE AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Luke Corsbie, representing Alton Deere, LP (“Applicant”), is requesting approval of a tentative parcel map to subdivide an existing office development into six air-right condominiums and two parcels for the property located at 1920 East Deere Avenue. B. Applications for tentative parcel maps require approval of a parcel map by the Zoning Administrator pursuant to Section 34-126 of the Santa Ana Municipal Code (SAMC) and application for a special use permit requires approval by the Planning Commission and City Council in concurrence with the tentative map application. C. Tentative Parcel Map No. 2018-03 (County Map 2017-149) and Special Use Permit No. 2018-01 came before the Planning Commission of the City of Santa Ana on January 28, 2019, for a duly noticed public hearing. D. Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Sections 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative parcel maps are approved when certain findings can be established. E. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to approve Tentative Parcel Map No. 2018-03, have been established as required by SAMC Section 34-126 and the California Subdivision Map Act: 1. The proposed project and its design and improvements are consistent with the Professional and Administrative Office (PAO) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. 1-9 Resolution No. 2019-xx Page 2 of 9 Tentative Parcel Map No. 2018-03, as conditioned, and its design and improvements will be consistent with the Professional and Administrative Office (PAO) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan and applicable Specific Plans. The proposed subdivision promotes Land Use Element Policy 5.4, which supports land uses that are consistent with the Land Use Element. The project is located within the Professional (P) zoning district and is consistent with the Professional and Administrative Office (PAO) land use designation and all other elements of the General Plan. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Tentative Parcel Map No. 2018-03, as conditioned, will conform to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the provisions of Chapter 34 and 41 of the Santa Ana Municipal Code including parking, setbacks and height. In addition, Covenants, Conditions and Restrictions (CC&Rs) will address issues such as drainage, reciprocal access, landscaping and maintenance that will be recorded prior to approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The existing buildings on the project site were constructed in compliance with applicable city standards at the time of construction. There is no new construction or building expansion being proposed as part of this project. Any future development will comply with the provisions of the Santa Ana Municipal Code. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Since the project is located in an urbanized area, there are no known 1-10 Resolution No. 2019-xx Page 3 of 9 fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. All necessary utilities and infrastructure improvements currently exist and comply with City standards. Therefore, approval of this subdivision will not cause any serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of, property within the proposed project. The designs or improvements associated with approval of the tentative parcel map will not conflict with easements necessary for public access through or use of the property within the proposed project. The project site will allow for shared common driveway access within development, which is outlined in the CC&Rs. The CC&Rs will ensure all ingress and egress easement and access will be maintained for the project site. F. A special use permit is required for commercial or industrial condominium conversion projects. The findings required for such special use permit requests are governed by SAMC Section 41-1807. For Special Use Permit No. 2018-01, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 1. The proposed conversion of an existing commercial office development will not adversely impact the economic viability of large-scale commercial and industrial uses in the vicinity of the development, or in the city as a whole. The proposed conversion will not adversely impact the economic viability of large-scale commercial and industrial uses in the vicinity of the development, or in the city as a whole. The site is located to the northwest of the Redhill Avenue and Deere Avenue and within an established office park, offering various office type uses. There is no physical expansion of the existing buildings proposed with this 1-11 Resolution No. 2019-xx Page 4 of 9 project. The condominium ownership will allow a new tenant or owner to lease or own a portion of the subdivided office building, thereby identifying the area as a stable and viable location for potential economic investment. 2. The proposed conversion of an existing commercial office development includes sufficient provisions for governance, funding and capitalization, and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development. The proposed conversion includes sufficient provisions for governance, funding and capitalization, and enforcement mechanisms to insure that the common area continues to be adequately and safely maintained and repaired for the life of the common interest development. The creation of air-space condominiums will not negatively affect the property or maintenance of the site. The site is currently being maintained by a single ownership entity and will continue to operate uniformly with the establishment of new CC&Rs. Additionally, the creation of a sub-association for the proposed project will facilitate future maintenance between the different property owners. 3. The proposed conversion of an existing commercial office development includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein. The proposed conversion includes sufficient provisions for the retention of such common areas for the use of all owners of separate interests therein. The proposed subdivision will maintain the existing parking and common areas open to all condominium owners. Additionally, the CC&Rs will ensure that all parties are granted proper access and parking on- site. 4. The proposed conversion of an existing commercial office development complies with the goals, policies and objectives of the city’s general plan. The proposed conversion complies with the goals, policies, and objectives of the city’s general plan. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties and encourages increased level of capital investment. The commercial condominiums will allow individual ownership and increase capital investment in the 1-12 Resolution No. 2019-xx Page 5 of 9 City. Policy 2.9 of the Land Use Element supports development that creates a business environment that is safe and attractive. A condition of approval will require the removal of any graffiti that may occur on the site. Policy 5.5 encourages development that is compatible and supportive of surrounding land uses. The Alton Deere Subdivision is located in an area with a mixture of professional and industrial uses and the proposed project will help to maintain compatibility with the surrounding professional and industrial uses. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15301 of the CEQA Guidelines. This Class 1 exemption allows the subdivision of existing commercial or industrial buildings where no physical changes occur. Categorical Exemption Environmental Review No. 2017-149 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Parcel Map No. 2018-03 (County Map 2017- 149) and Special Use Permit No. 2018-01 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein for the property located at 1920, 1924, 1928, 1932, 1936, and 1940 East Deere Avenue. 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 January 28, 2019, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of January 2019, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: 1-13 Resolution No. 2019-xx Page 6 of 9 _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 28, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 1-14 Conditions of Approval January 28, 2019 Resolution No. 2019-xx Page 7 of 9 EXHIBIT A I. Conditions for Approval for Tentative Parcel Map No. 2018-03 and Special Use Permit No. 2018-01 Tentative Parcel Map No. 2018-03 and Special Use Permit No. 2018-01 are 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, 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 tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the tentative tract map and the special use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2017-42. 2. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 3. Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the project to the case planner for review and approval prior to the final map being recorded. Additionally, CC&Rs will be adopted to define the operating and maintenance requirements. It will also create a property owner’s association responsible for maintenance and enforcement of the CC&Rs. 4. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 5. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of occupancy. 1-15 Conditions of Approval January 28, 2019 Resolution No. 2019-xx Page 8 of 9 6. The property owner shall be responsible for maintaining the lots free from debris, overgrown vegetation, and graffiti. The property owner shall provide as part of the Covenants, Conditions and Restrictions (CC&Rs) that the owner of each condominium shall immediately remove any graffiti placed thereon. Any graffiti must be removed within 24 hours 7. The final map must be approved and recorded prior to issuance of on-site improvements such as, but not limited to the sidewalk and driveway apron improvements. 8. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. Prior to approval of Certificate of Occupancy, all on-site improvements shall be made in accordance with the submitted plans. 9. Prior to submittal of the final map, submit a management plan per Section 34- 184 of the Santa Ana Municipal Code. 10. Prior to submittal of the final map, submit a conversion plan per Section 41- 1804 of the Municipal Code. 11. Landscaping shall be maintained in compliance with the submitted plan. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. 12. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Project’s CC&R’s with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: 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 1-16 Conditions of Approval January 28, 2019 Resolution No. 2019-xx Page 9 of 9 debris, enforcement of the parking management plan, and/or restrictions on certain uses, c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. 1-17 This page left blank intentionally. 1-18 EXHIBIT 2 1-19 This page left blank intentionally. 1-20 1/15/2019 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 PM 2018-03 SUP 2018-01, ALTON-DEERE PLAZA1920 EAST DEERE AVENUE EXHIBIT 2 - VICINITY ZONING AND AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 626 feet 1-21 This page left blank intentionally. 1-22 EXHIBIT 3 1-23 This page left blank intentionally. 1-24 TM No. 2018-03 SUP No. 2018-01 ALTON-DEERE PLAZA 1920 EAST DEERE AVENUE SITE PHOTO EXHIBIT NO. 3 1-25 This page left blank intentionally. 1-26 EXHIBIT 4 1-27 This page left blank intentionally. 1-28 TM No. 2018-03 SUP No. 2018-01 ALTON-DEERE PLAZA 1920 EAST DEERE AVENUE LANDSCAPE PLAN EXHIBIT NO. 4 1-29 This page left blank intentionally. 1-30 EXHIBIT 5 1-31 This page left blank intentionally. 1-32 TM No. 2018-03 SUP No. 2018-01 ALTON-DEERE PLAZA 1920 EAST DEERE AVENUE TENTATIVE PARCEL MAP EXHIBIT NO. 5 1-33 This page left blank intentionally. 1-34 2-1 2-2 2-3 2-4 2-5 This page left blank intentionally. 2-6 EXHIBIT 1 2-7 This page left blank intentionally. 2-8 Resolution No. 2019-xx Page 1 of 7 LS 1.28.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-25 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2019-02 TO ALLOW AFTER-HOURS OPERATION, AS CONDITIONED, AT JUGOS ACAPULCO WITH WINGS RESTAURANT LOCATED AT 307 EAST FIRST STREET, UNITS 1-A, 1-B AND 1-C 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. Consuelo Arredondo (“Applicant”), owner of Jugos Acapulco with Wings Restaurant, is requesting approval of Conditional Use Permit No. 2018-25 to allow the sale of alcoholic beverages for indoor and outdoor on-premises consumption and Conditional Use Permit No. 2019-02 to allow after-hours operation at an existing restaurant located at 307 East First Street, Units 1- A, 1-B and 1-C. B. Santa Ana Municipal Code Section 41-196 and Section 41-2007 requires approval of a conditional use permit for establishments wishing to sell alcohol for on-premises consumption. C. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit to allow any business to operate between the hours of 12:00 a.m. and 7:00 a.m. The Applicant is proposing to operate the business from 6:00 a.m. to 9:00 p.m., one hour earlier than the Code prescribed limits. D. On January 28, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit Nos. 2018-25 and 2019-02. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-638, have been established for Conditional Use Permit No. 2018-25 to allow the sale of alcoholic beverages for on-premises consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. 2-9 Resolution No. 2019-xx Page 2 of 7 The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Operational standards applied to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the alcoholic beverage control license will address any potential negative or adverse impacts created by the use. Jugos Acapulco with Wings will function as a bona-fide restaurant and the addition of alcohol will be ancillary to the main use. All of the operational standards identified in SAMC Sec. 41-196 will apply to this establishment. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that offer a full selection of alcoholic beverages for sale to their customers. Moreover, the offering of alcoholic beverages will allow Jugos Acapulco with Wings to remain economically viable and compete with nearby full-service restaurants in the local vicinity and contribute to the overall success of the City of Santa Ana. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol beverage control license and conditional use permit will be in compliance with all applicable regulations and operational standards imposed on 2-10 Resolution No. 2019-xx Page 3 of 7 a restaurant selling alcoholic beverages for on-premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full-service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5%) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed sale of alcoholic beverages for on-premises consumption at this location will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of full-service restaurants that provide alcoholic beverages as part of their menu offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Jugos Acapulco with Wings is located within a commercial center and in the city’s downtown district, and its operation is compatible with the surrounding commercial businesses. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-2007, have been established for Conditional Use Permit No. 2019-02 to allow for after- hours operation. 1. That the proposed use will provide a service or facility that will contribute to the general well-being of the neighborhood or the community. 2-11 Resolution No. 2019-xx Page 4 of 7 The proposed after-hours operations will provide an ancillary service to individuals that wish to have an early meal and coffee or juice. This will thereby benefit the community by providing a food-related amenity offering service before 7:00 a.m., which is consistent with other restaurants in the Downtown area that operate with extended hours. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operations at the subject location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed use is an eating establishment that will provide a service the nearby residents. In addition, the Police Department does not object to granting the conditional use permit. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project site is situated along a commercial corridor and Downtown such that it is appropriate for the proposed commercial use and after-hours operations. The establishment of this restaurant promotes a balance of land uses that enhance the City’s economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and the Downtown area and affects the economic stability of the area in a positive manner. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project is in compliance with all applicable regulations and conditions imposed on an eating establishment operating after-hours pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. 2-12 Resolution No. 2019-xx Page 5 of 7 The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Providing a variety of full-service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15301. Class 1 consists of the operation, repair, maintenance permitting, leasing, licensing, or minor alterations of existing public or private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The project involves the issuance of an ABC license and after-hours operations along with minor tenant improvements within an existing commercial building. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-25 for the alcoholic beverage control license for the sale of alcohol for on-premises consumption for the project located at 307 East First Street, Unit 1-A and 1-C, and hereby approves Conditional Use Permit No. 2019-02 for the after-hours operation, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 28, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 2-13 Resolution No. 2019-xx Page 6 of 7 ADOPTED this 28th day of January, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 28, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 2-14 Resolution No. 2019-xx Page 7 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit Nos. 2018-25 and 2019-02 Conditional Use Permits Nos. 2018-25 and 2019-02 for on-premises consumption of alcoholic beverages and after-hours operation at 307 East First Street, Units 1-A, 1-B and 1-C, are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by these conditional use permits. The Applicant must remain in compliance with all conditions listed below throughout the life of each conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permits. 1. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance to the operational standards for on-sale establishments pursuant to Section 41-196(g) of the SAMC and in accordance with the provisions of a Type- 41 alcohol license by the State Alcohol Beverage Control Board (ABC). 2. The business, including the sales of alcohol, shall operate Monday through Sunday from 6:00 a.m. to 12:00 a.m. Any future changes to these hours of operation shall require a modification application to CUP No. 2019-02. 3. The hours of operation for service in the outdoor dining area shall be limited to the hours of 7:00 a.m. to 10:00 p.m. Monday through Sunday. 4. The outdoor patio area shall be enclosed by a fence no less than 36 inches in height and shall comply with the Department of Alcoholic Beverage Control regulations. Employees shall always be present in the dining area and outdoor dining area and shall have constant view of the patio from inside the business through the storefront windows which shall remain clear glass and shall have no obstructions besides approved window signage. 5. Prior to the release of the Alcohol Beverage Control License, the Applicant shall receive approval of all required building permits pertaining to the expansion of the restaurant into 307 East First Street, Unit 1-C. 2-15 This page left blank intentionally. 2-16 EXHIBIT 2 2-17 This page left blank intentionally. 2-18 1/7/2019 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP Nos. 2018-25 & 2019-02 for Jugos Acapulco with Wings307 East First Street, Units 1-A, 1-B & 1-C EXHIBIT 2 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Zoning 250 feet 2-19 This page left blank intentionally. 2-20 EXHIBIT 3 2-21 This page left blank intentionally. 2-22 CUP Nos. 2018-25 & 2019-02 for Jugos Acapulco with Wings 307 East First Street, Units 1-A, 1-B & 1-C Exhibit 3 – Site Photo 2-23 This page left blank intentionally. 2-24 EXHIBIT 4 2-25 This page left blank intentionally. 2-26 CUP Nos. 2018-25 & 2019-02 for Jugos Acapulco with Wings 307 East First Street, Units 1-A, 1-B & 1-C Exhibit 4 – Site Plan 2-27 This page left blank intentionally. 2-28 EXHIBIT 5 2-29 This page left blank intentionally. 2-30 CUP Nos. 2018-25 & 2019-02 for Jugos Acapulco with Wings 307 East First Street, Units 1-A, 1-B & 1-C Exhibit 5 – Floor Plan Alcohol Storage/ Display Area 2-31 This page left blank intentionally. 2-32 3-1 3-2 3-3 3-4 3-5 3-6 3-7 This page left blank intentionally. 3-8 EXHIBIT 1 3-9 This page left blank intentionally. 3-10 1/3/2019 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP 2018-26 & VAR 2018-12, "Starbucks"2701 North Grand Avenue Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 3-11 This page left blank intentionally. 3-12 EXHIBIT 2 3-13 This page left blank intentionally. 3-14 Resolution No. 2019-xx Page 1 of 7 LS 1.28.19 RESOLUTION NO. 2019-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Amir Houriani, representing Grand Avenue Properties, LLC (“Applicant”), is requesting approval of Conditional Use Permit No. 2018-26 to allow drive- through window service for a restaurant in the Arterial Commercial (C5) zoning district at 2701 North Grand Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-424.5(e) requires approval of a conditional use permit for eating establishments with drive-through window service. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the Santa Ana Municipal Code. D. On January 28, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2018-26. 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. 2018-26, for drive- through window service, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed eating establishment with drive-through window service will provide a service to persons that are working or residing in the area. The project will redevelop a vacant lot with a new building with a contemporary design with reclaimed wood plank siding, corrugated metal finishes, metal canopies, prominent storefront design, an outdoor patio, and enhanced A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-26 AS CONDITIONED TO ALLOW DRIVE-THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 2701 NORTH GRAND AVENUE 3-15 Resolution No. 2019-xx Page 2 of 7 landscaping which will contribute to the aesthetics of the area. This will benefit the community by allowing the construction of a retail building on a vacant lot. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed drive-through will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The closest residential land use is approximately 110 feet to the east of the site and 175 feet from the drive-through lane itself. The drive-through lane exceeds the City’s stacking requirements and provides for queuing of approximately 10 vehicles. In addition, the drive-through lane is situated to reduce the chance for overflow vehicular queuing onto any public streets. The menu board and speaker are oriented towards the intersection to reduce any noise impacts to any nearby residential uses to the southeast. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The drive-through will not adversely affect the economic stability or future economic development of properties in the surrounding area. The site is currently vacant and the new building will establish a commercial use of the property. An eating establishment with drive-through service will provide an additional service and eating opportunities for the area and will provide a commercial business that generates sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 with the exception of required landscape setbacks and driveway distances from intersections, which are under separate consideration in Variance No. 2018-12. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 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. 3-16 Resolution No. 2019-xx Page 3 of 7 The proposed eating establishment with drive-through service will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 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 commercial districts. The project will provide for a new commercial building on two arterial streets. 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 drive- through will contribute to the viability of the commercial center in which it is located and the existing building will be rehabilitated to match the design of the new building. Policy 2.9, supports developments that create a business environment that is safe and attractive. The Condition of Approval for property maintenance will maintain a safe and attractive environment in the community. 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 development of districts that project a sense of place, positive community image and quality environment. Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15303 of the Guidelines for the California Environmental Quality Act. The Class 3 exemption applies to the construction of small structures, which in an urbanized area is defined as a building not exceeding 10,000 square feet in floor area, on sites zoned for such use, not using significant amounts of hazardous substances, where public services are available and the surrounding area is not environmentally sensitive. The proposed building contains 1,612 square feet within the Arterial Commercial (C-5) zoning district, which allows for service, retail and commercial uses. The proposed tenant is not anticipated to use significant amounts of hazardous substances. There are public services available through the City of Santa Ana and the Orange County Fire 3-17 Resolution No. 2019-xx Page 4 of 7 Authority and the surrounding area is not environmentally sensitive. As a result, Categorical Exemption, Environmental Review No. 2017-116 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-26, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 2701 North Grand Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 28, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of January, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 3-18 Resolution No. 2019-xx Page 5 of 7 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 January 28, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3-19 Resolution No. 2019-xx Page 6 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-26 Conditional Use Permit No. 2018-26 for drive-through window service is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017-33) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance, and shall feature a berm to assist with screening the drive- through lane from view. 4. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (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.); 3-20 Resolution No. 2019-xx Page 7 of 7 (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 3-21 This page left blank intentionally. 3-22 EXHIBIT 3 3-23 This page left blank intentionally. 3-24 Resolution No. 2019-xx Page 1 of 9 RESOLUTION NO. 2019-xx LS 1.28.19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2018-12 AS CONDITIONED TO ALLOW FOR A REDUCTION IN REQUIRED LANDSCAPE SETBACKS AND UTILIZATION OF TWO EXISTING DRIVEWAYS WITHIN 150 FEET OF AN INTERSECTION AT 2701 NORTH GRAND AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Amir Houriani, representing Grand Avenue Properties, LLC (“Applicant”), is requesting approval of Variance No. 2018-12 as conditioned, to allow for a reduction in required landscape setbacks and utilization of two existing driveways within 150 feet of an intersection at 2701 North Grand Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-427 requires a 15-foot minimum landscape setback from front and street-side yards. The Applicant is proposing a 14-foot landscape setback from Grand Avenue, which will be further reduced to 10 feet due to a four (4)-foot irrevocable offer to dedicate requirement, and a 10-foot yard landscape setback from Fairhaven Avenue. C. Santa Ana Municipal Code (SAMC) Section 41-428 states no entry way or exit ways shall be located within one hundred fifty (150) feet of any street intersection corner radius. The Applicant is proposing to utilize two existing driveways that are approximately 85 and 115 feet from the street intersection corner radius. D. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the Santa Ana Municipal Code. E. On January 28, 2019, the Planning Commission held a duly noticed public hearing for Variance No. 2018-12. F. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2018-12(a), for a reduction in required landscape setbacks as required by SAMC Section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. 3-25 Resolution No. 2019-xx Page 2 of 9 There are special circumstances related to the existing size of the property. The property is located at the northeast corner of Grand and Fairhaven avenues and contains 18,483 square feet. In order to meet the City’s minimum standards to ensure safe and efficient onsite circulation, the project site requires the drive-through lane and building to be placed closer to the intersection, resulting in a loss of approximately five (5) feet of landscape setback on Grand and Fairhaven Avenues. Without the reduction in landscape setbacks, the project would need to be redesigned, resulting in: a loss of approximately half (7) of its off-street parking spaces; a reduction in drive-aisle and/or drive-through lane widths, creating onsite circulation hazards; or a smaller building footprint, reducing the building’s interior dining room. The parcel’s compact size and the City’s four-foot irrevocable offer requirement justify the applicant’s request for a landscape setback variance. Finally, the Citywide Design Guidelines encourage new buildings to be located closer to streets in an effort to improve urban design and promote pedestrian activity. Specifically, Chapter 9 (Commercial Design Guidelines), Section 9.3.2 encourages buildings to be placed closer to street frontages, with parking areas behind. Placing the proposed building closer to the intersection of Grand and Fairhaven avenues, with the proposed drive-through lane, necessitates approval of the landscape setback reduction in order to meet this design guideline. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. Drive-through facilities are fundamental to the success of many new Starbucks projects, including those recently approved in Santa Ana. In order to facilitate construction of a safe and efficient site that meets the City’s access, circulation, and parking codes, a reduction in landscape setbacks is required. Finally, the reduction enables the building to be located closer to the nearby street frontages, assisting with the project’s meeting of City design guidelines that encourage buildings placed closer to streets. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The Public Works Agency reviewed the proposed plans and did not identify concerns regarding 3-26 Resolution No. 2019-xx Page 3 of 9 the location of the drive-through lane, onsite circulation (drive- aisles) and parking areas. The design of the driveways, drive aisles and parking areas are safe and practical. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for vehicle access 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 establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 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 commercial districts. The project will provide for a new commercial building on two arterial streets. 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 driveway will contribute to the viability of the commercial center in which it is located and the existing building will be rehabilitated to match the design of the new building. Policy 2.9, supports developments that create a business environment that is safe and attractive. The Condition of Approval for property maintenance will maintain a safe and attractive environment in the community. 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 development of districts that project a sense of place, positive community image and quality environment. Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. G. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2018-12(b), for vehicle access within 150 feet of an intersection as required by SAMC Section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found 3-27 Resolution No. 2019-xx Page 4 of 9 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 existing dimensions of the property. The property is located at the northeast corner of Grand and Fairhaven avenues and contains 18,483 square feet. In order to provide vehicular access which is needed for any commercial business, a variance from the development standards of the Arterial Commercial (C-5) zoning district is required. In addition, the project proposes to utilize existing legal-nonconforming driveways; no new driveway cuts are proposed, and both existing driveways will be reconstructed to improve safety for vehicles, pedestrians, and ADA access. In addition, the proposed project will improve the existing conditions by reconstructing new curb and sidewalks constructed to City standards and allowing the site to be developed with a commercial use and drive-through window service without negatively affecting the adjacent commercial property. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. Vehicular access is required for the viability of any commercial business. The proposed tenant Starbucks is requesting to utilize two existing driveways along Grand and Fairhaven avenues to provide direct access for customers traveling in multiple directions, which will reduce impacts on any one particular street frontage. Grand Avenue is a north-south arterial street with access to the Garden Grove (SR-22) Freeway and provides local access to east-west arterials such as Fairhaven Avenue. Providing vehicular access from both Grand and Fairhaven avenues will increase opportunities for sales and will reduce vehicular impacts to the overall site. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The Public Works Agency reviewed the proposed plans and did not identify concerns regarding the location of the driveways. The design of the driveways, drive aisles and parking areas are safe and practical. Additionally, the property owner for the adjacent, multiple- tenant commercial development did not want vehicles from the subject property to negatively impact their site, so the 3-28 Resolution No. 2019-xx Page 5 of 9 driveways will provide customers with direct access to the subject site. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for vehicle access 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 establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 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 commercial districts. The project will provide for a new commercial building on two arterial streets. 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 driveway will contribute to the viability of the commercial center in which it is located and the existing building will be rehabilitated to match the design of the new building. Policy 2.9, supports developments that create a business environment that is safe and attractive. The Condition of Approval for property maintenance will maintain a safe and attractive environment in the community. 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 development of districts that project a sense of place, positive community image and quality environment. Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15303 of the Guidelines for the California Environmental Quality Act. The Class 3 exemption applies to the construction of small structures, which in an urbanized area is defined as a building not exceeding 10,000 square feet in floor area, on sites zoned for such use, not using significant amounts of hazardous substances, where public services are available and the surrounding area is not environmentally sensitive. The proposed building contains 1,612 square feet within the Arterial Commercial (C-5) zoning district, which allows for service, retail and commercial uses. The proposed 3-29 Resolution No. 2019-xx Page 6 of 9 tenant is not anticipated to use significant amounts of hazardous substances. There are public services available through the City of Santa Ana and the Orange County Fire Authority and the surrounding area is not environmentally sensitive. As a result, Categorical Exemption, Environmental Review No. 2017-116 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2018-12, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 2701 North Grand Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 28, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of January, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 3-30 Resolution No. 2019-xx Page 7 of 9 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 January 28, 2019. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3-31 Resolution No. 2019-xx Page 8 of 9 EXHIBIT A Conditions of Approval for Variance No. 2018-12 Variance No. 2018-12 to allow a reduction in required landscape setbacks and driveway distances from an intersection 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 conditional use permit. Failure to comply with each and every condition may result in the revocation of the variance. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017-33) and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance, and shall feature a berm to assist with screening the drive- through lane from view. 4. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (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.); 3-32 Resolution No. 2019-xx Page 9 of 9 (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 3-33 This page left blank intentionally. 3-34 EXHIBIT 4 3-35 This page left blank intentionally. 3-36 CUP No. 2018-26 & VAR No. 2018-12 STARBUCKS 2701 NORTH GRAND AVENUE SITE PHOTO EXHIBIT 4 1/04/2019 3-37 This page left blank intentionally. 3-38 EXHIBIT 5 3-39 This page left blank intentionally. 3-40 3-41 3-42 EXHIBIT 6 3-43 This page left blank intentionally. 3-44 1 DRIVE THRUDRIVE DRIVE THRU DRIVE THRUDRIVE DRIVE THRU DRIVE THRUDRIVE DRIVE THRU 3-45 This page left blank intentionally. 3-46 EXHIBIT 7 3-47 This page left blank intentionally. 3-48 3-49 This page left blank intentionally. 3-50 4-1 4-2 4-3 4-4 4-5 4-6 4-7 4-8 4-9 4-10 EXHIBIT 1 4-11 This page left blank intentionally. 4-12 Resolution No. 2019-xx Page 1 of 10 LS 1.28.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-01 AS CONDITIONED, TO ALLOW FOR THE CONSTRUCTION OF A 2-STORY, 9,928-SQUARE FOOT COMMUNITY SERVICE BUILDING AND ADDITIONAL SEATS WITHIN THE EXISTING CHURCH FOR ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH LOCATED AT 4405 WEST EDINGER AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Mariam Solman with Rakoty Associate Architects, representing Archangel Michael Coptic Orthodox Church (“Applicant”), is requesting approval of Conditional Use Permit No. 2019-01 as conditioned, to demolish five single-family dwellings and allow for the construction of a new 9,928- square foot community service building, to continue operations of the existing church and add 110 additional seats in the mezzanine and expand the parking lot for a total of 156 parking spaces at 4405 West Edinger Avenue. B. Pursuant to Section 41-232.5 of the Santa Ana Municipal Code, a conditional use permit (CUP) is required for churches and accessory church buildings. C. Conditional Use Permit No. 2019-01 came before the Planning Commission of the City of Santa Ana on January 28, 2019, for a duly noticed public hearing. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2019-01: 1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. Archangel Michael Coptic Orthodox Church has been providing a place of worship, gathering and religious teachings to the community since the 1980s. The granting of this CUP will allow the church to provide for more on-site parking (156 spaces), increase the seating EXHIBIT 1 4-13 Resolution No. 2019-xx Page 2 of 10 capacity within the existing church (110 additional seats, 434 seats total) and provide a space for ancillary church gatherings in a community service building. In addition, vehicular circulation of the site will be improved by providing two points of ingress and egress along Edinger Avenue as well as a dedicated on-site drop off area. The planned facilities will offer greater worship and fellowship, as well as provide community meeting facilities. These types of uses become focal points and gathering places within a community, serving all. 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. Archangel Michael Coptic Orthodox Church is not anticipated to create any detrimental impacts to persons residing or working in the area. The project meets the parking standards of the Santa Ana Municipal Code. To address potential parking concerns, the City hired a traffic engineering firm, Urban Crossroads, to conduct a parking study. The study found that the during typical weekday and weekend activities the 156 space parking lot will provide adequate parking to accommodate church activities. Further, a focused traffic study was prepared by Urban Crossroads and found that the project would not exceed any threshold of significance; therefore, will not result in an impact to traffic. The proposed site plan was designed to minimize noise impacts to the adjacent residential properties by orienting the buildings closer to Edinger Avenue. In addition, a 6-foot high decorative wall will be constructed and trees and vines will be planted along the perimeter of the property to screen views of the buildings from the residential properties. The project also meets all current Planning, Building, Fire, Police and Public Works standards. Conditions of approval are included to prohibit simultaneous use of the church and community service building, requiring two parking monitors on Sundays, use of temporary signage in the case of overflow parking, an off-site parking agreement to be in place for overflow parking needs, a special event parking plan, review of the church operations six months after the issuance of a certificate of occupancy of the community service building and to have a primary point of contact on file with the City. As such, the project will not be detrimental to the public health, safety and welfare. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. 4-14 Resolution No. 2019-xx Page 3 of 10 The proposed project will not create any negative or detrimental impacts on the economic viability of the surrounding area. The subject property and surrounding land uses are residential uses. The proposed project will not remove any job producing nor economically significant elements. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The project is consistent will all development standards identified in the Santa Ana Municipal Code with the exception of the height of the community service building, which the applicant has applied for Minor Exception No. 2019-01 to obtain relief from. Furthermore, the project was designed in accordance with Chapter 10 (Special Use Guidelines) and Section 12 (Religious Institution) of the Citywide Design Guidelines adopted by City Council in 2006. 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 community service building is ancillary to the church and is a permitted use within the Single-Family Residence (R1) zoning district subject to approval of a CUP by the Planning Commission. The project will not pose any adverse effects on the General Plan designation of Low Density Residential (LR-7). Specifically, the proposed project supports Policy 1.8 of the Land Use Element which encourages the development of non-profit recreational facilities and services. The project is consistent with both the general plan and the zoning of the property. The services currently being provided to the community will be enhanced through the implementation of the project. The proposed project will allow the church to better serve the community and will not adversely affect the applicable land use plan. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided it is consistent with the General Plan and zoning code; the project site is less than five acres, surrounded by urban uses, does not have any noise or traffic impacts, and can be served by existing utilities. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. As a result, Categorical Exemption Environmental Review No. 2017-97 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this 4-15 Resolution No. 2019-xx Page 4 of 10 project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-01 as conditioned in “Exhibit A” attached hereto and incorporated as though fully set forth herein for the project located at 4405 West Edinger Avenue. 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 January 28, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of January, 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 4-16 Resolution No. 2019-xx Page 5 of 10 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 January 28, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 4-17 Resolution No. 2019-xx Page 6 of 10 EXHIBIT A Conditions for Approval for Conditional Use Permit No. 2019-01 Conditional Use Permit No. 2019-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the 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. All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 23) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The church operating hours shall be limited to 5:00 am to 11:00 pm for all activities. a. Except that the church may remain open until 1:00 am on the following Coptic Church holidays: New Year’s Eve, Easter Eve, Epiphany and Christmas (celebrated on January 7); and b. Overnight vigils may be held including; Saturdays during advent (the month preceding the Coptic Christmas), Pascha (Holy week), Feast of the Resurrection (Easter Sunday) and feasts vigils; and c. Overnight religious trainings may be held up to twelve times per calendar year. 4. The start and end times of church services shall be spaced a minimum of one half- hour apart to minimize the overlap between departing attendees and arriving attendees. 5. There shall be no simultaneous use of the church and community service building. 4-18 Resolution No. 2019-xx Page 7 of 10 6. The basement within the existing church shall be limited in use as ancillary storage area and restrooms. 7. The community service building shall be utilized for church related functions only and subject to the operating hours listed in Condition No. 3. No full-time educational school may occur on the premises. 8. A monthly schedule of events shall be posted on the church’s website. The schedule of events on the website shall be updated annually, and notice regarding special events shall be posted as applicable. 9. Prior to issuance of a certificate of occupancy, the applicant shall provide evidence of an agreement, in a form acceptable to the City Attorney, securing off-site parking within a ½ mile radius of the site to be used in the case that overflow parking is needed, or if greater than a ½ mile radius, that shuttle service will be provided. 10. A minimum of two parking monitors shall be on-site on Sundays at 7:30 am until 30 minutes after liturgy services. One monitor shall monitor the capacity of the parking lot and the other monitor shall monitor parking on-street parking (East Edinger Avenue, West Regents Drive, South Gates and Lilac Avenue) and, if applicable, the overflow parking lot(s). 11. If the parking lot reaches 90% capacity, temporary signs shall be posted on-site at both driveways indicating the lot is full and include the location (including address of the overflow parking lot). Signs should be removed 30 minutes after use of the site or once the parking lot capacity is below 90% capacity. 12. Prior to any special event for which the occupancy/attendance is expected to exceed a typical Sunday service, a detailed Special Event Parking Plan shall be submitted to the City a minimum of 15 days prior to the commencement of any special event on the premises. The plan shall include details including, but not limited to the dates of the event, hours of operation, the anticipated occupancy/attendance of the event, the location of all off-site parking areas to be used and the number of vehicles that can be accommodated, agreements that have been entered into for temporary parking and the types of transportation to be used to/from the off-site parking locations and the site. 13. Each year the church shall provide Planning staff with a primary point of contact, phone number and email address. The point of contact will serve as a Good Neighbor Liaison and be responsible for responding to City staff and concerned citizens. 14. Six months after the issuance of a certificate of occupancy of the community service building, a parking study shall be conducted on a Sunday, including parking counts of on-street parking within the residential neighborhood. The church shall pay for the costs associated with the parking study and the review process, with the City having oversight of the contract. Any recommendations within the report shall be implemented within three months or be considered by the Planning Commission. 4-19 Resolution No. 2019-xx Page 8 of 10 15. This project shall be reviewed by Planning staff annually for three years after issuance of the Certificate of Occupancy for the community service building in order to monitor any parking or traffic impacts that may arise from the operations. 16. A decorative 6-foot solid masonry wall shall be constructed along Regents Drive. There shall be no pedestrian or vehicular gates along the wall. 17. A solid masonry wall shall be constructed along the exterior property lines abutting the residential parcels prior to the commencement of demolition of the existing structures or other construction activity. 18. The landscaping along Regents Drive shall be irrigated and landscaping maintained consistent with the approved landscape plan which shall include vines. 19. Prior to the issuance of a building permit, a lot merger to create one lot shall be recorded. 20. Prior to the issuance of a building permit, a construction phasing and construction parking management plan shall be submitted. Temporary construction fencing including green screen mesh shall be installed. 21. The applicant is responsible for the removal of all graffiti on the premises. The graffiti shall be removed within 72 hours of occurrence. 22. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (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, 4-20 Resolution No. 2019-xx Page 9 of 10 (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different, both the Developer and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. II. The following are requirements that will need to be addressed and/or approved by the Orange County Fire Authority prior to issuance of a building permit or grading permit (whichever comes first): a. Fire master plan (service code PR145) b. Architectural (service codes PR200-PR285) 4-21 Resolution No. 2019-xx Page 10 of 10 c. Underground piping for private hydrants and fire sprinkler system (service code PR470-PR475) d. Fire sprinkler system (service codes PR400-PR465) Prior to concealing interior construction: a. Fire alarm system (service code PR500-PR520) b. Hood and duct extinguishing system (service code PR 335) 4-22 EXHIBIT 2 4-23 This page left blank intentionally. 4-24 Resolution No. 2019-xx Page 1 of 4 LS 1.28.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2019-01 TO ALLOW THE CONSTRUCTION OF A TWO-STORY (32 FOOT, 5 INCH) 9,928-SQUARE FOOT COMMUNITY SERVICE BUILDING FOR ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH LOCATED AT 4405 WEST EDINGER AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Mariam Soliman with Rakoty Associate Architects, representing Archangel Michael Coptic Orthodox Church (“Applicant”), is requesting approval of Minor Exception No. 2019-01, to allow the construction of a two-story (32 foot, 5 inch) 9,928-square foot community service building at 4405 West Edinger Avenue. B. Pursuant to Section 41-632 of the Santa Ana Municipal Code, a minor exception application is required for buildings that exceed the maximum permitted height up to 25 percent. C. Minor Exception No. 2019-01 came before the Planning Commission of the City of Santa Ana on January 28, 2019, for a duly noticed public hearing. D. The Planning Commission determines that the following findings, which must be established in order to grant this Minor Exception pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Minor Exception No. 2019-01: 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. The subject site is located within the R-1 Single-Family Residence zoning district. The R-1 zone allows for a maximum building height of 2-stories/27 feet which is typical of a single-family dwelling. However, the proposed project is for a community service building that will be accessory to an existing church. The community service building is 2- EXHIBIT 2 4-25 Resolution No. 2019-xx Page 2 of 4 stories in height but portions of the building are 32 feet 5 inches tall. The additional height is necessary to meet the California Building Code requirements for interior clearance and provide for an architectural design that is traditional of Coptic Orthodox churches. With regards to topography and geology, the property has a history of ground water intrusion into the basement of the existing church. As a result, it is disadvantageous and undesirable for the church to continue to use the existing church basement for community and parish programming. 2. That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting the minor exception will allow the church to construct a community service building that will serve the parish and allow the property owner to utilize the property to its maximum potential. The purpose of regulating building height is to preserve the visual environment and by ensuring that new development is harmonious in scale and character with the existing development. In this case the community service building will be approximately 60-feet from the closest single-family dwelling and will have decorative walls and enhanced landscaping with trees that will be installed along the perimeter of the site to help preserve the visual environment. Further, the height of the existing church is 35 feet, with the new building to be consistent in height. 3. That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The community service building will not exacerbate the existing height conditions. The existing church is 35-feet in height, the new community service building will be 32 feet, 5 inches; therefore, the approval of the minor exception will not create a new detriment to the public welfare or surrounding properties. The community service building will result in a positive addition to the community. 4. That the granting of a minor exception will not adversely affect the general plan of the City. With the exception of building height, the project is consistent with all development standards identified in the Single-Family Residence (R1) zoning district and the Santa Ana Municipal Code. Furthermore, the project was designed in accordance with Chapter 10 (Special Use Guidelines) and Section 12 (Religious Institution) of the Citywide Design Guidelines adopted by City Council in 2006. 4-26 Resolution No. 2019-xx Page 3 of 4 The project will not pose any adverse effects on the General Plan designation of Low Density Residential (LR-7). Specifically, the proposed project supports Policy 1.8 of the Land Use Element which encourages the development of non-profit recreational facilities and services. The project is consistent with both the general plan and the zoning of the property. The proposed project will allow the church to better serve the community and will not adversely affect the applicable land use plan. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided it is consistent with the General Plan and zoning code; the project site is less than five acres, surrounded by urban uses, does not have any noise or traffic impacts, and can be served by existing utilities. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. As a result, Categorical Exemption Environmental Review No. 2017-97 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2019-01 for the project located at 4405 West Edinger Avenue. 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 January 28, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of January, 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS Commissioners: _______________________ Mark McLoughlin Chairperson 4-27 Resolution No. 2019-xx Page 4 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 28, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 4-28 EXHIBIT 3 4-29 This page left blank intentionally. 4-30 1/18/2019 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 CUP No. 2019-1/ME No. 2019-1, Archangel Michael Coptic Orthodox Church4405 West Edinger Avenue Exhibit 3 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 4-31 This page left blank intentionally. 4-32 EXHIBIT 4 4-33 This page left blank intentionally. 4-34 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH COMMUNITY SERVICE BUILDING PROJECT 4405 W EDINGER AVE, SANTA ANA, CA 92704 1 45848142;1 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH’S HISTORY: The Coptic Orthodox faith traces their founding to Saint Mark, an apostle of Jesus Christ, who is credited with bringing Christianity to Egypt and founding the Coptic church during the first century. There are over 200 Coptic Orthodox parishes in the United States, and approximately 42 of those churches are in Southern California. Archangel Michael Coptic Orthodox Church was the first Coptic Orthodox Church in Orange County. The Archangel Michael Coptic Orthodox parish of Santa Ana was founded in 1980, and the existing Archangel Michael Coptic Orthodox Church facility was constructed in 1992. PROJECT REQUEST: Archangel Michael Coptic Orthodox Church (the “Applicant”) owns the properties located at 4319 – 4405 W. Edinger Avenue and at 4326 – 4402 W. Regent Drive (collectively, the “Site”) in the City of Santa Ana (the “City”). The Applicant proposes the following improvements for the Site: (i) construct a new two-story, 9,928 square foot Community Service Building; (ii) demolish five existing single-family dwellings and replace with 55 new parking spaces (for a total of 156 parking spaces) and more than 26,500 square feet or 0.66 acres (approximately 25-percent of the Site) of landscaped area; (iii) open the existing mezzanine to provide pew seating for approximately 110 parishioners in the existing church’s sanctuary building to allow additional parishioners to attend regular religious services; (iv) discontinue use of the basement level of the existing church building as a multipurpose room, kitchen and religious education/community programing meeting rooms, and use it instead for general storage as needed; and (v) voluntarily merge the underlying parcels into a single development site, if required by the City, (collectively referred to herein as the “Project”). Pursuant to Chapter 41 of the Santa Ana Municipal Code (“SAMC” or “Code”), the applicant hereby requests the following entitlements to permit the development of the proposed Project: • Development Project Plan Approval to allow the construction of the Community Service Building, additional parking area, and landscape improvements. SAMC § 41-668 through 41-674. • Conditional Use Permit to: (i) construct the Community Service Building as a second main structure on the Project Site, (ii) construct additional parking area, and (iii) open the existing church’s mezzanine in the sanctuary to support the church’s operation and parish needs. SAMC §§ 41.232.5 and 41-632. • Minor Exception to allow a 20 percent (5-½ foot) increase in height for portions of the Community Service Building’s roof to extended up to 32 feet and 6 inches in order to ensure that sufficient head-room, in compliance with the Building Code, is provided on the interior of the Community Service Building. SAMC §§ 41.632.(a)(3)(d). • Voluntary Parcel Merger to create a single development parcel, if determined to be required by the City. SAMC § 34-366 through 34-371. 4-35 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH COMMUNITY SERVICE BUILDING PROJECT 4405 W EDINGER AVE, SANTA ANA, CA 92704 2 45848142;1 PROJECT DESCRIPTION: The Project Site is comprised of multiple underlying parcels and is approximately 2.45 acres in size. The existing Archangel Michael Coptic Orthodox Church site is associated with the address of 4405 W. Edinger Avenue (APN 108-244-30) (“Existing Church Site”). The Existing Church Site contains a two-story building with an existing mezzanine and basement (“Church”), in addition to surface parking and landscape areas. The remainder of the Existing Church Site and the Applicant’s adjoining parcels are developed with older single-family dwellings and related improvements. The Project Site is located in the Riverview West neighborhood north of West Edinger Avenue between South Newhope Street and South Gates Street. The Project Site is located along the southwestern boundary of the City of Santa Ana and is across the street from the northeastern boundary of the City of Fountain Valley. Suburban residential development surrounds the Existing Church Site. Commercial shopping center areas are located within a few blocks to the east and west, and multiple public elementary and junior high schools are located within walking distance of the Project site. The entire Project Site is designated as Low Density Residential (LR 7.0) under the City’s General Plan, and is zoned Single Family Residential (R1) by the City’s official Zoning Map. The Applicant proposes to maintain the existing Church and redevelop the remainder of the Project Site with a new Community Service Building and new surface parking and landscaping improvements. Specifically, the Project proposes to construct a new two-story 9,928 square foot Community Service Building. In addition, five single-family dwellings under the Applicant’s ownership, either on or adjoining the Existing Church Site, will be demolished and replaced with surface parking and new landscaping for the Project. The addresses associated with the dwellings that will be demolished are: (i) 4325 W. Edinger Avenue (APN 108-244-14); (ii) 4319 W. Edinger Avenue (APN 108-244-13); (iii) 4326 W. Regent Drive (APN 108-244-30); (iv) 4330 W. Regent Drive (APN 108-244-30); and (v) 4402 W. Regent Drive (APN 108-244-07). After completion of the improvements, the Project Site will consist of the approximately 9,740 square foot existing Church and the new 9,928 square foot Community Service Building, along with related parking and landscaping. As a result of the Project, there will be net reduction of overall building area for the entire Project and an increase in parking spaces and landscaping. The following provides detailed information pertaining to the Project’s specific areas of demolition and construction. • The existing Church is approximately 9,740 square feet in size, plus a 7,058 square foot basement. The Church is two stories, and currently contains an unoccupied mezzanine within the sanctuary and a basement. As part of the Project, the existing mezzanine in the sanctuary will be opened to allow additional pew seating for approximately 110 parishioners during regular religious services. Although the mezzanine was constructed for occupancy in accordance with Building Code standards at the time of the original 4-36 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH COMMUNITY SERVICE BUILDING PROJECT 4405 W EDINGER AVE, SANTA ANA, CA 92704 3 45848142;1 construction of the Existing Church building, it has not been utilized for occupancy to date, as the required parking for this additional seating area could not be accommodated onsite by the existing site layout. However, as the Project also involves the development of new parking spaces onsite, with the approval of the Project, the parking necessary to accommodate the additional seating in the mezzanine can be provided onsite. • In addition to opening the mezzanine, the Project also involves the discontinuance of the existing uses in the basement level of the Church. Currently, the basement is used as a multipurpose room, kitchen, Bethlehem (for the preparation and storage of holy bread), religious education/community programing meeting rooms, bathrooms, storage, and a religious library/bookstore. As part of the Project, only the bathrooms will continue to be available to members of the parish; the remainder of the uses will be moved to the new Community Service Building and the basement will instead be used for ancillary storage. Moving the uses currently housed in the basement to the new Community Service Building (an above-ground space with natural light) will better serve the needs of the Church and its parishioners. It is anticipated that items such as holiday decorations and maintenance supplies would be stored in the basement after the construction of the Community Service Building. In compliance with the former conditions of approval, the ancillary areas, including the storage area in the basement, will only be accessed when worship services in the Church’s sanctuary are not taking place. • The Project proposes the construction of a new above-grade two-story 9,928 square foot Community Service Building. The Community Service Building will be a second main structure on the Project Site and will take over the function of and use of the Church basement. The Community Service Building will include offices for the clergy, religious education rooms, a religious gift shop, reception area, a community pantry, community social hall/multipurpose area, general storage areas, a commercial kitchen, and the Bethlehem where holy bread for religious services and celebrations is made and stored. In compliance with the former conditions of approval for the Church, which prohibited simultaneous use the Church’s sanctuary and basement areas, the Church and the Community Service Building will not be occupied by parishioners concurrently during religious services. • As mentioned previously, there are two existing single-family residential structures on the Existing Church Site and the Applicant owns three adjoining parcels that each contain a single-family dwelling and related improvements. As part of the Project, all five single-family dwellings and associated improvements will be demolished and replaced with new surface parking and landscaped areas. Ultimately, the Project Site will have a total of 156 onsite parking spaces and more than 26,500 square feet (0.66 acres) of landscaped area (approximately 25-percent of the Site). 4-37 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH COMMUNITY SERVICE BUILDING PROJECT 4405 W EDINGER AVE, SANTA ANA, CA 92704 4 45848142;1 Based on the Applicant’s proposed improvements and operations, the Applicant has requested a Development Project Plan Approval to allow the construction of the Community Service Building, additional parking area, and landscape improvements. SAMC § 41-668 through 41- 674. In addition, the Applicant is seeking a Conditional Use Permit to allow: (i) construction of the Community Service Building as a second main structure on the Project Site (ii) construction of additional parking areas, (iii) and expansion of the Church’s sanctuary seating area by opening the Church’s existing mezzanine. SAMC §§ 41.232.5 and 41-632. A Minor Exception is required for the central archway portion of the roof to ensure that sufficient head-room, in compliance with the Building Code, is provided at the arch springline on the interior of the Community Service Building. The Code permits Minor Exception Modifications so long as the height is not exceeded by more than twenty-five (25) percent of the maximum height permitted. The request is for a modest 20-percent (5-½ foot) increase in height to allow the central archway portion of the Community Service Building’s roof to extend up to 32 feet and 6 inches. SAMC §§ 41.632.(a)(3)(d). Finally, at the City’s request, the Applicant will seek a Voluntary Parcel Merger to create a single development site, as the Project Site includes multiple legal parcels. SAMC § 34-366 through 34-371. Operations The Site will continue to be primarily used for religious worship in accordance with the Coptic Orthodox faith traditions. At present, the sanctuary contains seating for 324 (including 2 accessible wheelchair areas), including a cry room for parishioners to temporarily occupy during services. When the mezzanine is opened, additional pew seating and 6 accessible seating areas for approximately 110 parishioners will become available during religious services. The existing baptistry adjacent to the sanctuary will remain as ancillary to the sanctuary, and is not used at the same time regular divine liturgy services are taking place in accordance with Coptic faith traditions. In addition, the existing meeting rooms and offices on the first floor and the existing meeting/reading room and short-stay guest quarters on the second floor will remain as ancillary uses to the Church’s religious worship and operations in compliance with original approvals and building permits. As noted above, with the exception of the restrooms, the basement uses will be discontinued and relocated to the new Community Service Building, and the basement will be used for ancillary storage for items such as holiday decorations and maintenance supplies. In general, the Church has approximately 8 liturgies during a typical week that are 2 to 2-½ hours in length that take place in the Church between the hours of 5:00 AM and 12:00 PM throughout the course of the week. Of the 8 liturgies that take place during the week, the two primary and most attended liturgies take place on Sunday from 6:30 AM to 9 AM and at 9:30 AM to 12:00 PM. During liturgies, in accordance with Coptic Orthodox faith traditions, all parishioners are in the sanctuary and no Sunday school or separate youth liturgies take place. 4-38 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH COMMUNITY SERVICE BUILDING PROJECT 4405 W EDINGER AVE, SANTA ANA, CA 92704 5 45848142;1 In addition to the liturgies during the week, two small community meetings take place -- one for senior citizens and one for women of the parish. These generally occur in the late morning or afternoon between 10:00 AM and 3:00 PM. These meetings often entail a service in the Church and afterwards the preparation of a light snack in the kitchen and gathering in the multipurpose room. On evenings, a variety of bible study, hymnal/vesper trainings, choir practice, and parish community meetings take place in the multipurpose room and/or the religious education/ community programing rooms. These generally occur between the hours of 6:00 PM and 10:30 PM on Monday through Saturday. In addition, the parish priests may hold office hours for parishioners within the Church or ancillary office areas any day of the week. In a typical week, the Church and premises are secured at 10:30 PM each night and unlocked at 5:00 AM each morning by the Church’s maintenance staff. In the new Community Service Building, the religious education and community programing rooms will be used for regular bible study meetings for children from 1st grade through college, typically during the hours of 7:00 PM to 9:30 PM throughout the week. The religious gift shop will sell books, icons, rosaries, audio/visual materials and be open primarily during the hours of 10:30 AM to 6:30 PM. The reception area, multipurpose room and commercial kitchen will be available for use by parishioners for either regular meetings such as the senior or women’s group meeting and preparation of related group meals, or for special occasions/receptions such as weddings, baptisms, or funerals.1 Religious sacraments such as weddings, baptisms, and funerals may also take place within the Church during the week. Wedding may only take place outside of Advent, Lenten, and similar periods during the year, totaling only approximately 20 weeks in a calendar year. Generally, wedding services take place on Saturdays and Sundays and last 2.5 hours. Baptisms and funerals happen year round, except Holy week (Easter week). Baptisms often take place on Saturday before a liturgy. Funerals can take place any day of the week, and last 1.5 hours, typically between the hours of 10:30 AM and 12:00 PM. In addition to the typical or regular liturgies and sacramental services, the Coptic Orthodox Church is known for its many liturgical services, such as vigils. The Advent (pre-Christmas) period is highlighted by several nightlong vigils. In the spring during Pascha week, which culminates with the Feast of the Resurrection (Easter Sunday), the congregation spends that week's Friday evening and Saturday morning in a long service. Additionally, on occasion throughout the year, nightlong vigils are also undertaken, and such vigils usually end with an early morning Eucharistic liturgy. Vigils reflect traditional and deeply cherished church rites that are centuries old and yet remain a part of a lasting identity of Egyptian Christians in the diaspora. They are a central practice of the Church. In addition, the Church hosts overnight trainings for the deacons within the dioceses four to five times a year. Approximately twenty to 1 Note, absolutely no dancing, smoking or alcohol is permitted on the property, outside of sacramental wine, including during events and celebrations. 4-39 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH COMMUNITY SERVICE BUILDING PROJECT 4405 W EDINGER AVE, SANTA ANA, CA 92704 6 45848142;1 thirty deacons gather from 7:00 PM to 7:00 AM to study hymns. The deacons remain in the Church’s sanctuary through the training. Accordingly, throughout the year, late or midnight services that extend into the early morning hours and overnight or day-long vigils take place in accordance with Coptic Orthodox faith traditions. Finally, for certain religious celebrations, such as Holy week, the Church hires a security service to patrol the Church’s property and the surrounding neighborhood in a vehicle as a “good- neighbor” effort and service. More recently, during festal liturgies, the Church has requested that two officers from the Santa Ana Police Department park at the main entrance for the duration of the liturgy. (See Exhibit 1 that includes a typical week’s liturgy schedule and contains a list of regular vigils and outline of additional religious celebrations that take place throughout the year in accordance with Coptic faith traditions.) Parking The Project will provide all required parking onsite. The existing surface parking lot and the new surface parking areas will be reconfigured to provide a total of 156 parking spaces, including 8 accessible parking spaces (two of which are van accessible), meeting all Code requirements. In addition, the Project will install bicycle racks that will support at least eight bicycles, in accordance with the Code requirements.2 As described above, no changes are proposed to the Church’s main sanctuary or ancillary areas, which means that the parking requirement for these areas would remain the same. The Church’s approval records indicate that a total of 101 parking spaces are required to be provided for the Church’s worship area and ancillary rooms.3 As the existing mezzanine will be opened to allow additional occupancy during worship services in connection with the Project, additional parking is required for this area. The mezzanine will provide seating for up to 110 additional parishioners, including non-fixed seats area accessible to wheelchairs, which requires up to 37 additional parking spaces.4 Accordingly, a total of 138 onsite parking spaces are required to be provided to support the Church. As the Project includes a total of 156 parking 2 Pursuant to the Code, “key activity locations,” such as churches, must provide a minimum of “eight (8) bicycle parking spaces if more than fifty (50) parking spaces are required.” (SAMC § 41-1307.1.) 3 Pursuant to the Traffic and Parking Study for Archangel Michael Coptic Orthodox Church prepared by Transportation Engineers, Inc., dated July 28, 1988, in consideration of CUP-88-11, “a total of 101 parking spaces will be provided, which will comply with the City of Santa Ana Parking Code.” (Traffic and Parking Study, 1988, p. 3) 4 The Code requires “One (1) space for each three (3) fixed seats” to be provided for Churches, Chapels and Religious Meeting Hall uses. (SAMC § 41-1411) Additionally, the Code provides that “Eighteen (18) inches of bench space shall be deemed the equivalent of one (1) seat” for bench or pew seating. (SAMC § 41-1309.(4)) 4-40 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH COMMUNITY SERVICE BUILDING PROJECT 4405 W EDINGER AVE, SANTA ANA, CA 92704 7 45848142;1 spaces, all of the Church’s 138 required parking space, plus 18 surplus parking spaces, are provided onsite.5 The new Community Service Building is being constructed to replace the uses currently taking place in the existing Church basement. As detailed above the, the new Community Service Building will consist of a new above-grade two-story approximately 9,928 square foot building. The new Community Service Building will approximately include the following (final square footages will be determined during building permit plan check): 325 square feet of offices for the clergy; 1,825 square feet for religious education rooms; 250 square feet for a religious gift shop; a 450 square foot reception area; 175 square feet for a community pantry/storage; 2,775 square feet community social hall/multipurpose area; 450 square feet for general storage (e.g. tables and chairs for multipurpose room); 450 square feet for a commercial kitchen; and 275 square feet for the Bethlehem where holy bread for religious services and celebrations is made and stored. In compliance with the former conditions of approval, which prohibited simultaneous use the Church’s worship and basement areas, the Church and the Community Service Building will not be occupied by parishioners concurrently during a worship service. Even under a very conservative application of the Code’s parking requirement, applying the Code’s parking requirement for Churches, Chapels and Religious Meeting Halls to all occupied areas, a maximum of 122 parking spaces could be required for the Community Service Building, which is still less than the parking requirement for the Church. Accordingly, all of the Community Service Building’s required parking spaces, plus surplus parking spaces, are provided onsite. A parking demand analysis is underway as part of the City’s review process. As of the date of this project description, that analysis has not been completed. Design The new Community Service Building is situated behind the Church, also facing the Edinger Avenue frontage. The Community Service Building has been designed to architecturally mirror the existing Church’s eastern design, keeping with the traditional of the Coptic Orthodox Church. The architectural design, roof design, materials, and colors of the new Community Service Building will match those of the existing Church. The existing Church is 35 feet in height in accordance with its original approvals. The majority of the Community Service Building roofline will be no more than 27 feet in height. However, the central arches will extend up to a maximum of 32-½ feet. The additional height is needed to not only carry forward the complementary and traditional Coptic architectural design from the Church, but also to ensure that sufficient head room, in compliance with the Building Code, is provided on the interior of 5 The parking calculations included in the plan set represents an unlikely worst case scenario that includes parking for non-fixed seat area accessible to wheelchairs and double counts parking for the cry room that has no seating and is only temporarily occupied by parishioners who have and return to their seats in the sanctuary. Even under this extreme scenario, the Project still provides parking in excess of the City’s requirements, as demonstrated in the plan set. 4-41 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH COMMUNITY SERVICE BUILDING PROJECT 4405 W EDINGER AVE, SANTA ANA, CA 92704 8 45848142;1 the Community Service Building. Accordingly, a Minor Exception to allow an 20 percent (5-½ foot) increase in height for portions of the Community Service Building’s roof to extend up to 32-½ feet in height is being requested. The Code permits Minor Exception Modifications so long as the height is not exceed by more than twenty-five (25) per cent of the maximum height permitted. SAMC §§ 41.632.(a)(3)(d). All other aspects of the Project’s design comply with Code standards. A central courtyard with decorative features, paving, and landscaping will separate the Community Service Building from the Church. A pedestrian walkway and accessible paths of travel will be provided around the Church and Community Service Building providing easy paths of travel from the parking areas to the buildings and to Edinger Avenue. The parking area and the perimeter the Site will be landscaped with a variety of trees, turf, ornamental plants and drought tolerant plants. Approximately 25-percent of the Project Site will be landscaped, resulting in more than 26,500 square feet (0.66 acres) of landscaping. In addition to the landscaping, new walls and fences will be installed along the perimeter of the Project Site where the existing residences are being demolished. Once completed, the frontages along the Regent Drive and Gates Street will have a new six-foot tall block wall, as well as be improved with drought tolerant landscaping and irrigation, in addition to new trees. Along the eastern property boundaries with the adjacent existing residential neighbors, an eight-foot block wall is proposed, at the request of the neighbors. The frontage will be landscaped with turf, drought tolerant landscaping, and trees as requested by the City. Access on to the Project Site will be available via two two-way driveways on Edinger Avenue. The existing two-way driveway onto the Site will remain in its current location. A second two- way driveway will be constructed to the east of the Church. Overall, the primary focus of the design of the access driveways, internal drive aisles and the parking areas was to allow a cohesive vehicular patterns and movement across the Site and allow vehicles to enter and exit safely and timely. A Focused Traffic Assessment was completed by Urban Crossroads on June 19, 2018 for the City of Santa Ana. The purpose of the assessment was to identify potential traffic impacts resulting from the development of the proposed Project. Urban Crossroads' study concluded that the Project would have less than significant impacts at all intersections and under all scenarios and determined that no mitigation is required. On Monday, July 9, 2018 the City of Santa Ana’s Public Works Department completed their review of Urban Crossroads’ Focused Traffic Assessment and concurred with Urban Crossroads’ findings and determinations. 4-42 EXHIBIT 1 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH OPERATIONS OVERVIEW REGULAR WEEKLY RELIGIOUS SCHEDULE AND ADDITIONAL SERVICES, RELIGIOUS CELEBRATIONS & PARISH EVENTS 44409978;1 REGULAR LITURGY SERVICES • Sunday | 7:00 AM – 9:00 AM | Arabic Liturgy • Sunday | 9:30 AM – 12:00 PM | English Liturgy • Tuesday | 5:00 AM – 7:00 AM | Liturgy • Wednesday | 7:00 AM – 9:30 AM | Divine Liturgy • Thursday | 5:00 AM – 7:00 AM | Liturgy • Friday | 7:00 AM – 9:30 AM | Divine Liturgy • Friday | 9:00 PM – 10:00 PM | Midnight Praise • Saturday | 9:00 PM – 10:00 PM | Midnight Praise ADDITIONAL RELIGIOUS SERVICES & CELEBRATIONS • Weddings – Wedding may only take place outside of Advent, Lenten, and similar periods during the year, totaling only approximately 20 weeks in a calendar year. Generally, wedding services take place on Saturdays and Sundays and last 2.5 hours. • Baptisms – Baptisms may take place year round, except Holy week (Easter week). Baptisms often take place on Saturday before a liturgy. • Funerals – Funerals may take place year round, except Holy week (Easter week). Funerals can take place any day of the week, and last 1.5 hours, typically between the hours of 10:30 AM and 12:00 PM. • Vigils – Vigils reflect traditional and deeply cherished church rites that are centuries old and yet remain a part of a lasting identity of Egyptian Christians in the diaspora. They are a central practice of the Church. Overnight vigils take place on Saturdays during Advent, the week preceding the Coptic Christmas. In the spring during Pascha week (Holy week), which culminates with the Feast of the Resurrection (Easter Sunday), the congregation spends that week's Friday evening and Saturday morning in a long service. Additionally, on occasion throughout the year, nightlong vigils are also undertaken for certain feasts. • Religious Trainings – Trainings for the deacons within the dioceses may occur four to five times a year. Approximately twenty to thirty deacons gather from 7:00 PM to 7:00 AM to study hymns. The deacons remain in the Church’s sanctuary through the training. • Religious Counseling – The parish’s priest are available for religious counseling for parishioner based the individual needs and requests. REGULAR PRAYER, BIBLE STUDY, YOUTH MEETINGS, AND SENIOR CITIZEN’S MEETING • Sunday | 12:00 PM – 1:00 PM | College Meeting • Monday | 7:00 PM – 8:00 PM | Prayer Meeting • Tuesday | 12:00 PM – 1:30 PM | Senior Citizens Meeting • Tuesday | 6:00 PM – 8:30 PM | English & Citizenship Classes • Tuesday | 7:00 PM – 9:00 PM | Bible Study Meetings • Wednesday | 8:00 PM – 9:00 PM | English Bible Study • Thursday | 7:30 PM – 9:30 PM | Arabic Youth Meeting • Friday | 6:00 PM – 9:00 PM | Deacon Hymns Classes • Friday | 7:00 PM – 9:00 PM | Ladies Meeting, Hymns Classes Meeting, and High School Sunday School • Saturday | 6:30 PM – 8:30 PM | Vespers & Adult Bible Study • Saturday | 7:00 PM – 9:00 PM | Elementary and Jr High Sunday School and High School Youth Meeting 4-43 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH OPERATIONS OVERVIEW REGULAR WEEKLY RELIGIOUS SCHEDULE AND ADDITIONAL SERVICES, RELIGIOUS CELEBRATIONS & PARISH EVENTS Regular Weekly Schedule Sunday Monday Tuesday Wednesday Thursday Friday Saturday 5:00 AM Liturgy 5:00 AM – 7:00 AM Liturgy 5:00 AM – 7:00 AM 5:30 AM 6:00 AM 6:30 AM Liturgy in Arabic 6:30 AM – 9:00 AM 7:00 AM Divine Liturgy 7:00 AM – 9:30 AM Divine Liturgy 7:00 AM – 9:30 AM 7:30 AM 8:00 AM Liturgy 8:00 AM – 10:00 AM Devine Liturgy 8:00 AM – 10:00 AM 8:30 AM 9:00 AM 9:30 AM Liturgy in English 9:30 AM – 12:00 PM 10:00 AM Ladies Meeting 10:00 AM – 1:30 PM 10:30 AM 11:00 AM 11:30 AM Senior Citizens Meeting 11:00 AM – 3:00 PM 12:00 PM College Meeting 12:00 PM – 1:00 PM 12:30 PM 1:00 PM Scout Training 1:00 PM – 5:00 PM 1:30 PM 2:00 PM 2:30 PM 3:00 PM 3:30 PM 4:00 PM 4:30 PM Choir Class 4:30 PM – 6:30 PM 5:00 PM 5:30 PM 6:00 PM English & Citizenship Classes 6 PM – 8:30 PM Hymns Classes, Youth Church History 6 PM – 9 PM 6:30 PM Vespers & Adult Bible Study 6:30 PM – 8:30 PM 7:00 PM Bible Study 7:00 PM – 9:00 PM Adult Prayer Meeting 7 PM – 8 PM Youth Prayer Meeting 7 PM – 8 PM Bible Study Meetings 7 PM – 9 PM HS Bible Study 7 PM – 9 PM Sunday School 7 PM – 9 PM 7:30 PM Bible Study Meeting 7:30 PM – 9:30 PM Youth Meeting 7:30 PM – 9:30 PM 8:00 PM 8:30 PM 9:00 PM Evening Praises 9 PM – 10:30 PM Evening Praises 9 PM – 10 PM 9:30 PM 10:00 PM 10:30 PM 11:00 PM 11:30 PM Additional Religious Services, Religious Celebrations & Parish Events Weddings Wedding may only take place outside of Advent, Lenten, and similar periods during the year, totaling only approximately 20 weeks in a calendar year. Generally, wedding services take place on Saturdays and Sundays and last 2.5 hours. Baptisms Baptisms may take place year round, except Holy week (Easter week). Baptisms often take place on Saturday before a liturgy. Funerals Funerals may take place year round, except Holy week (Easter week). Funerals can take place any day of the week, and last 1.5 hours, typically between the hours of 10:30 AM and 12:00 PM. Vigils Vigils reflect traditional and deeply cherished church rites that are centuries old and yet remain a part of a lasting identity of Egyptian Christians in the diaspora. They are a central practice of the Church. Overnight vigils take place on Saturdays during Advent, the week preceding the Coptic Christmas. In the spring during Pascha week (Holy week), which culminates with the Feast of the Resurrection (Easter Sunday), the congregation spends that week's Friday evening and Saturday morning in a long service. Additionally, on occasion throughout the year, nightlong vigils are also undertaken for certain feasts. Religious Trainings Trainings for the deacons within the dioceses may occur four to five times a year. Approximately twenty to thirty deacons gather from 7:00 PM to 7:00 AM to study hymns. The deacons remain in the Church’s sanctuary through the training. Religious Counseling The parish’s priest are available for religious counseling for parishioner based the individual needs and requests. 4-44 EXHIBIT 5 4-45 This page left blank intentionally. 4-46 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Site Photo EXHIBIT 5 4-47 This page left blank intentionally. 4-48 EXHIBIT 6 4-49 This page left blank intentionally. 4-50 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Site Plan EXHIBIT 6 4-51 This page left blank intentionally. 4-52 EXHIBIT 7 4-53 This page left blank intentionally. 4-54 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Community Service Building 1st Floor Floor Plan EXHIBIT 7 4-55 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Community Service Building 2nd Floor Floor Plan EXHIBIT 7 4-56 EXHIBIT 8 4-57 This page left blank intentionally. 4-58 NORTH SOUTH WEST EAST CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Landscape Plan EXHIBIT 8 4-59 This page left blank intentionally. 4-60 EXHIBIT 9 4-61 This page left blank intentionally. 4-62 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Landscape Plan EXHIBIT 9 4-63 This page left blank intentionally. 4-64 EXHIBIT 10 4-65 This page left blank intentionally. 4-66 CUP No. 2019-01, ME No. 2019-01 Archangel Michael Coptic Church 4405 West Edinger Avenue Rendering EXHIBIT 10 4-67 This page left blank intentionally. 4-68 EXHIBIT 11 4-69 This page left blank intentionally. 4-70 Statement of the Department of Justice on the Land-Use Provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA) The Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc et seq., is a civil rights law that protects individuals and religious institutions from discriminatory and unduly burdensome land use regulations.1 After hearings in which Congress found that religious assemblies and institutions were disproportionately affected, and in fact often were actively discriminated against, in local land use decisions, Congress passed RLUIPA unanimously in 2000. President Clinton signed RLUIPA into law on September 22, 2000. Congress found that zoning authorities were frequently placing excessive or unreasonable burdens on the ability of congregations and individuals to exercise their faith with little to no justification and in violation of the Constitution. Congress further found that religious institutions often faced both subtle and overt discrimination in zoning, particularly minority, newer, smaller, or unfamiliar religious groups and denominations.2 Congress also found that, as a whole, religious institutions were treated worse than comparable secular institutions by zoning codes and zoning authorities. As RLUIPA’s Senate sponsors, Senator Hatch and the late Senator Kennedy, said in their joint statement issued upon the bill’s passage: “Zoning codes frequently exclude churches in places where they permit theaters, meetings halls, and other places where large groups of people assemble for secular purposes. . . . Churches have been denied the right to meet in rented storefronts, in abandoned schools, in converted funeral homes, theaters, and skating rinks—in all sorts of buildings that were permitted when they generated traffic for secular purposes.”3 Congress further found that zoning authorities frequently were placing excessive burdens on the ability of congregations and individuals to exercise their faiths without sufficient justification, in violation of the Constitution. 1 This Statement deals with RLUIPA’s land use provisions. Another section of RLUIPA protects the religious freedom of persons confined to prisons and certain other institutions. 2 146 CONG. REC. S7774 (daily ed. July 27, 2000) (joint statement of Senators Hatch and Kennedy). 3 Id. at S7774-75. 4-71 RLUIPA provides a number of important protections for the religious freedom of persons, places of worship, religious schools, and other religious assemblies and institutions, including: • Protection against substantial burdens on religious exercise: Section 2(a) of RLUIPA prohibits the implementation of any land use regulation that imposes a “substantial burden” on the religious exercise of a person or institution except where justified by a “compelling governmental interest” that the government pursues in the least restrictive way possible. • Protection against unequal treatment for religious assemblies and institutions: Section 2(b)(1) of RLUIPA provides that religious assemblies and institutions must be treated at least as well as nonreligious assemblies and institutions. • Protection against religious or denominational discrimination: Section 2(b)(2) of RLUIPA prohibits discrimination “against any assembly or institution on the basis of religion or religious denomination.” • Protection against total exclusion of religious assemblies: Section 2(b)(3)(A) of RLUIPA provides that governments must not totally exclude religious assemblies from a jurisdiction. • Protection against unreasonable limitation of religious assemblies: Section 2(b)(3)(B) of RLUIPA provides that government must not unreasonably limit “religious assemblies, institutions, or structures within a jurisdiction.” RLUIPA’s protections can be enforced by the Department of Justice or by private lawsuits. In the ten years since its passage, RLUIPA has been applied in a wide variety of contexts and has been the subject of substantial litigation in the courts. It is a complex statute, with five separate provisions that protect religious exercise in different but sometimes overlapping ways. In order to assist persons and institutions in understanding their rights under RLUIPA, and to assist municipalities and other government entities in meeting the requirements imposed on them by RLUIPA, the Department of Justice has created this summary and accompanying questions and answers. Date: September 22, 2010 Questions and Answers on the Land-Use Provisions of RLUIPA 1. Who is protected and what types of activities are covered by RLUIPA? RLUIPA protects the religious exercise of “persons,” defined to include religious assemblies and institutions in addition to individuals. RLUIPA has been used, for 4-72 example, to protect houses of worship, individuals holding prayer meetings in their homes, religious schools, religious retreat centers, faith-based homeless shelters, soup kitchens, group homes, and other social services. 2. What does “religious exercise” include? RLUIPA provides in Section 8 that “religious exercise” includes any exercise of religion, “whether or not compelled by, or central to, a system of religious belief.” Thus a county or municipality cannot avoid the force of RLUIPA by asserting that a particular religious activity is something that a religious group merely wants to do rather than something that it must do. For example, a town could not claim that Wednesday prayer meetings are not religious exercise because they are less central to a church’s beliefs or less compulsory than Sunday worship services. RLUIPA also specifies in Section 8 that “[t]he use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise . . . .” This provision makes clear that construction or expansion of places of worship and other properties used for religious exercise purposes is religious exercise under RLUIPA. Religious exercise covers a wide range of activities, including operation of homeless shelters, soup kitchens, and other social services; accessory uses such as fellowship halls, parish halls and similar buildings or rooms used for meetings, religious education, and similar functions; operation of a religious retreat center in a house; religious gatherings in homes; and construction or expansion of schools, even where the facilities would be used for both secular and religious educational activities. 3. Who is bound by RLUIPA’s requirements? RLUIPA applies to states (including state departments and agencies) and their subdivisions such as counties, municipalities, villages, towns, cities, city councils, planning boards, zoning boards and zoning appeals boards. RLUIPA does not cover the actions of private citizens unless acting under color of state law, such as government employees. RLUIPA does not apply to the federal government, though another similar law, the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb, does. 4. Does RLUIPA exempt religious assemblies and institutions from local zoning laws? No. RLUIPA is not a blanket exemption from zoning laws. As a general matter, religious institutions must apply for the same permits, follow the same requirements, and go through the same land-use processes as other land users. RLUIPA does not pre-empt or replace the normal zoning code. Rather, it imposes a number of safeguards and 4-73 requirements on local governments regarding zoning that impact religious uses by requiring that: • the zoning law or its application not substantially burden religious exercise without compelling justification pursued through the least restrictive means, • the zoning law not treat religious uses less favorably than nonreligious assemblies and institutions, • the law not discriminate based on religion or religious denomination, and • the jurisdiction not totally or unreasonably restrict religious uses. When there is a conflict between RLUIPA and the zoning code or how it is applied, RLUIPA, as a federal civil rights law, takes precedence and the zoning law must give way. So long as a municipality applies its codes uniformly and does not impose an unjustified substantial burden on religious exercise, it may apply traditional zoning concerns – such as regulations addressing traffic, hours of use, parking, maximum capacity, intensity of use, setbacks, frontage – to religious uses just as they are applied to any other land uses. 5. Are there occasions when a religious assembly or institution does not have to apply for zoning approval, and appeal any denial, before it has recourse to RLUIPA? As a practical matter, applying for a zoning permit, special use permit, conditional use permit, special exception, variance, rezoning, or other zoning procedure, and appealing within that system in case of denials, is often the fastest and most efficient way to obtain ultimate approval. Religious institutions and local governments are encouraged to attempt to resolve disputes through established zoning processes. In some circumstances courts have held that religious institutions need not make an application or appeal before filing a RLUIPA lawsuit. These include settings where further application or appeal would be futile under the circumstances, or there would be excessive delay, uncertainty or expense, or if the application requirements are discriminatory on their face. 6. RLUIPA applies to any “land use regulation.” What does that mean? RLUIPA defines land use regulation as a “zoning or landmarking law . . . that limits or restricts a claimant’s use or development of land.” Zoning law encompasses laws, ordinances or codes that determine what type of building or land use can be located in what areas and under what conditions. Landmark preservation laws are restrictions that municipalities place on specific buildings or sites to preserve those that are deemed significant for historical, architectural, or cultural reasons. RLUIPA’s definition of land use regulation, however, does not extend to every type of law involving land, such as fire 4-74 codes, ordinances requiring use of municipal sewer connections, laws regarding property taxes, most landlord-tenant laws, laws governing trespass, and others. 7. Does RLUIPA apply to local governments using eminent domain to take property owned by religious institutions? “Eminent domain” refers to government taking of private property for public use with just compensation. As a general matter, it is not a zoning or landmarking law, and thus RLUIPA will not apply. However, where municipalities have tried to use eminent domain to short-circuit the zoning process for places of worship that have applied for zoning approval, courts have found that such actions may be covered by RLUIPA. 8. Can places of worship still be landmarked? Yes, places of worship can be landmarked. However, like any other land-use regulation, landmarking designations that impose a substantial burden on religious exercise must be justified by compelling government interests and pursued in the least restrictive means. Also, landmarking regulations must not be applied discriminatorily. 9. What kinds of burdens on religious exercise are “substantial burdens” under RLUIPA? The substantial burden inquiry is fact-intensive, and looks at the degree to which a zoning or landmarking restriction is likely to impair the ability of a person or group to engage in the religious exercise in question. Whether a particular restriction or set of restrictions will be a substantial burden on a complainant’s religious exercise will vary based on context, such as the size and resources of the burdened party, the actual religious needs of an individual or religious congregation, the level of current or imminent space constraints, whether alternative properties are reasonably available, the history of a complainant’s efforts to locate within a community, the absence of good faith by the zoning authorities, and many other factors. Generally, when a municipality takes one of the following types of actions, it may constitute a substantial burden on religious exercise under RLUIPA: • effectively barring the use of a particular property for religious activity; • imposing a significantly great restriction on religious use of a property; or • creating significant delay, uncertainty, or expense in constructing or expanding a place of worship, religious school, or other religious facility. Courts have, for example, found substantial burdens on religious exercise in a denial of a church construction permit due to onerous off-street parking requirements imposed by a city, a permit condition requiring a religious retreat center to operate as a bed-and-breakfast, a denial of construction of a parish center, a denial of expansion plans for a religious school, and a denial of the ability to convert a building’s storage space to religious use. 4-75 Conversely, courts have found no substantial burden violation when a church was denied the amount of off-street parking it would have preferred when there were reasonable parking alternatives available, when a religious high school was denied the ability to operate a commercial fitness center and dance studio out of a portion of its building, and when a church was barred from demolishing an adjacent landmarked building it had purchased in order to construct a family life center, as there was other space on the church’s campus that would be suitable. 10. RLUIPA contains a complicated description about when the “substantial burden” section will apply. Just when does the “substantial burden” test apply in a particular case? RLUIPA applies the substantial burden test to zoning or landmarking laws that have procedures in place under which the government makes “individualized assessments of the proposed uses for the property involved.” By their nature, zoning or landmarking decisions typically involve such “individualized assessments.” Individualized assessments are present when the government looks at and considers the particular details of a proposed land use in deciding whether to permit or deny the use. It thus will cover most applications for variances, special use permits, special exceptions, rezoning requests, conditional use permits, zoning appeals, and similar applications for relief, since these all ordinarily involve the government reviewing the facts and making discretionary determinations whether to grant or reject an application. A denial of a building or occupancy permit based solely on a mechanical, objective basis with no discretion on the part of the decision maker would not be an individualized assessment and thus would not require the application of the substantial burden test. Practically, however, such purely “ministerial” situations are extremely rare in zoning disputes. Even if a zoning or landmarking case did not involve an individualized assessment, the substantial burden test still applies if the use at issue impacts interstate commerce, such as construction or expansion projects, or if there is federal funding involved. 11. What are examples of compelling interests that will permit local governments to impose substantial burdens on religious exercise? A government cannot impose a substantial burden on religious exercise unless it has a compelling governmental interest for doing so that is pursued through means that are the least restrictive of religious freedom possible. “Compelling interest” is a legal term meaning interests “of the highest order.” Government interests that are merely reasonably or even significantly important are insufficient. Courts have ruled that municipal interests in revenue generation, economic development or eliminating congestion, are not compelling. The burden of proving that an interest is compelling lies squarely on the local government. Examples of interests that may be compelling are those related to preserving public health and safety. For example, safety concerns relating to traffic can be compelling. 4-76 However, a county or municipality cannot simply point to an interest in traffic safety in the abstract as a compelling interest justifying a substantial burden on religious exercise. Rather, the government must show that it has a compelling interest in achieving that interest through the particular restriction at issue, such as safety interests in regulating traffic flow on the particular street at issue. Even where an interest is compelling, it must be pursued through the least restrictive means. If there is another way that the government could achieve the same compelling interest that would impose a lesser burden on religious exercise, it must choose that way rather than the more burdensome way. 12. What does RLUIPA require of government with regard to the treatment of religious assemblies and institutions as well as nonreligious assemblies and institutions? Section 2(b)(1) of RLUIPA contains a provision, known as the “equal terms provision.” It provides that “[n]o government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.” This section extends to ordinances that on their face treat religious assemblies or institutions on less than equal terms, as well as ordinances that, although facially neutral, are applied in a manner that treat religious assemblies or institutions on less than equal terms than nonreligious assemblies or institutions. Congress enacted this provision to address the problem of zoning codes, either facially or in application, excluding places of worship where secular assemblies are permitted. The legislative history points to the problem of houses of worship being excluded where theaters, meeting halls, private clubs, and other secular assembly places are permitted. Determining if a religious assembly is treated on “less than equal terms” than a secular assembly or institution requires a comparison of how the two types of entities are treated in a zoning code. Courts have differed regarding how such a comparison is made, and thus the precise legal test for determining when this section is violated will vary depending on the judicial circuit in which the case arises. Courts have found the equal terms section violated in situations where places of worship were forbidden but private clubs were permitted, where religious assemblies were forbidden but auditoriums, assembly halls, community centers, senior citizen centers, civic clubs, day care centers, and other assemblies were permitted, and where places of worship were forbidden but community centers, fraternal associations, and political clubs were permitted. Regardless of the legal test employed in a particular jurisdiction, however, local governments can avoid violating this section of RLUIPA by ensuring that their regulations focus on external factors such as size, impact on traffic and parking, intensity 4-77 of use, hours of operation, noise, and similar objective criteria in regulating land uses, rather than focusing on the content of the speech and assembly activities being regulated. 13. What constitutes discrimination based on religion or religious denomination under RLUIPA? Section 2(b)(2) of RLUIPA bars implementation of a land use regulation that discriminates on the basis of religion or religious denomination. This bar applies to application of land use regulations that facially discriminate, as well as applications of land use regulation that are facially neutral but which in fact discriminate based on religion or religious denomination. Thus if a zoning permit is denied because town officials do not like members of a particular religious group, or if for any other reason an applicant is denied a zoning permit that would have been given to it had it been part of a different religion or religious denomination, Section 2(b)(2) has been violated. Because this section applies to discrimination based on either religion or religious denomination, it can apply to situations where a city may not be discriminating against all members of a religion, but merely a particular sub-group or sect. 14. What does it mean for a local government to totally exclude religious uses from a jurisdiction? Section 2(b)(3)(A) prohibits local governments from “totally exclud[ing] religious assemblies from a jurisdiction.” If a city, town or county had no location where religious uses are permitted, that would be a facial violation of Section 2(b)(3). 15. What does it mean for a local government to impose unreasonable limitations on a religious assembly, institution, or structure? Section 2(b)(3)(B) prohibits land use regulations that “unreasonably limit[ ]” religious assemblies, institutions, or structures within a jurisdiction. This provision is violated if a municipality’s land use laws, or their application, deprive religious institutions and assemblies of reasonable opportunities to use and construct structures within that jurisdiction. A determination of reasonableness depends on a review of all of the facts in a particular jurisdiction, including the availability of land and the economics of religious organizations. Courts have found unreasonable limitations where regulations effectively left few sites for construction of houses of worship, such as through excessive frontage and spacing requirements, or have imposed steep and questionable expenses on applicants. 16. When must someone file suit under RLUIPA? RLUIPA lawsuits brought by private plaintiffs must be filed in state or federal court within four years of the alleged RLUIPA violation. 4-78 17. What can a local government do to avoid liability under RLUIPA? RLUIPA contains a “safe harbor” provision that protects a local government from application of RLUIPA’s enforcement provisions if it takes steps to ameliorate the violation. Section 4(e) provides that a local government can avoid the force of RLUIPA’s provisions by: • changing the policy or practice that results in a substantial burden on religious exercise; • retaining the policy or practice and exempting the substantially burdened religious exercise; • providing exemptions from the policy or practice for applications that substantially burden religious exercise; or • any other means that eliminates the substantial burden. 18. What is the Department of Justice’s role in enforcing RLUIPA? The Department of Justice is authorized to file a lawsuit under RLUIPA for declaratory or injunctive relief, but not for damages. For example, the Department may bring suit seeking an order from a court requiring a municipality that has violated RLUIPA to amend its discriminatory zoning codes or grant specific zoning permits to a place of worship, religious school, or other religious use. However, the Department may not seek monetary awards on behalf of persons or institutions that have been injured. Those who have suffered monetary damages from RLUIPA violations must file individual suits. The Housing and Civil Enforcement Section of the Civil Rights Division has the delegated authority within the Department to investigate and bring RLUIPA lawsuits, both on its own and in conjunction with United States Attorney’s offices around the country. If you believe you have a potential RLUIPA violation case, you should bring it to the attention of the Department of Justice as soon as possible to allow adequate time for review. The Department receives many complaints from individuals and groups whose rights under RLUIPA may have been violated. While it cannot bring suit in all cases, the Department may take a number of actions in addition to filing suit to resolve RLUIPA matters. The Department may involve the Community Relations Service (CRS) to address community unrest or discord. It may contact the municipality to educate it regarding its obligations under RLUIPA. It may file an amicus brief to weigh in on an important point of law. In deciding whether to file suit, the Department considers a number of factors including whether a case involves important or recurring issues, particularly serious violations of law, or if it is a case that will set precedent for future cases. Many of the Department’s cases have been resolved by negotiating consent decrees that lay out a municipality’s specific obligations to comply with the law. Aggrieved individuals and institutions are encouraged to seek private counsel to protect their rights, in addition to contacting the Department of Justice. 4-79 19. How can someone contact the Department of Justice about a RLUIPA matter? The Civil Rights Division’s Housing and Civil Enforcement Section may be reached by phone at: (202) 514-4713 (800) 514-1116 (202) 305-1882 (TTY) (202) 514-1116 (fax). The mailing address is: U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Housing and Civil Enforcement Section, NWB Washington, D.C. 20530 4-80 EXHIBIT 12 4-81 This page left blank intentionally. 4-82 4-83 This page left blank intentionally. 4-84 EXHIBIT 13 4-85 This page left blank intentionally. 4-86 11709-31 Parking Evaluation November 12, 2018 Ms. Selena Kelaher City of Santa Ana Planning and Building Agency, M20 20 Civic Center Plaza PO Box 1988 Santa Ana, CA 92702 SUBJECT: ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH PARKING STUDY Dear Ms. Selena Kelaher: Urban Crossroads, Inc is pleased to provide this Parking Study for the proposed Archangel Michael Coptic Orthodox Church development (“Project”), which is located at 4405 West Edinger Avenue in the City of Santa Ana. It is our understanding that the Project is proposing to expand the existing mezzanine and construct a new community service building. The mezzanine expansion will provide pew seating for approximately 110 parishioners in the existing Church’s sanctuary building. In addition, the Church is proposing the construction of a new two-story 9,928 square foot community service building. The community service building will be used to support a variety of uses currently housed in the basement level of the Church. These uses will include a multipurpose room, kitchen, Bethlehem, religious education/community programing meeting rooms, bathrooms, storage, and a religious library/bookstore. The Project Description suggests that the existing basement will be used primarily for ancillary storage. The Project Description indicates that the planned community service building will not be used during Church service activities, since the existing and planned parking supply will not support the concurrent use of both the community service building and the Church. This Parking Study was prepared under the direction of the City of Santa Ana to ensure that adequate parking supply exists for the proposed Archangel Michael Coptic Orthodox Church based on a review of the City of Santa Ana Municipal Code parking requirements and an evaluation of existing parking demand counts. ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH SITE PLAN The proposed Archangel Michael Coptic Orthodox Church site plan shown on Exhibit A includes the construction of a new 9,928 square foot community service building and the addition of 55 new parking spaces. Five existing single-family dwellings will be demolished to accommodate the new community service building and parking spaces. The Church is also proposing to expand the mezzanine in the existing sanctuary building. This expansion will include a total of 110 new pew seats. 4-87 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 2 of 14 11709-31 Parking Evaluation EXHIBIT A: ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH SITE PLAN CITY OF SANTA ANA MUNICIPAL CODE PARKING REQUIREMENTS Chapter 41 of the City of Santa Ana Municipal Code describes the Off-Street Parking General Requirements…Parking facilities shall be located on the same lot or site or on a lot or site contiguous thereto. Any property used for required parking shall be under the same ownership as the uses served or shall be restricted in such a manner as to prevent the severance of the parking facilities and use by sale, trade, lease or any other conveyance. Table 1 provides a summary of the applicable City of Santa Ana Municipal Code parking requirements. 4-88 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 3 of 14 11709-31 Parking Evaluation TABLE 1: CITY OF SANTA ANA MUNICIPAL CODE PARKING REQUIREMENTS Land Use Space Requirements Notes Churches, Chapels, and Religious Meeting Halls 1 per 3 fixed seats 1 per 50 sq. ft of floor area in seating areas without fixed seats "Seating areas" shall include congregation seating, prayer and cry rooms, pastor and choir areas, and similar areas Unspecified Uses 5 spaces per 1,000 sq. ft of gross floor area 1 space per 200 sq. ft of gross floor area equivalent Based on the City of Santa Ana Municipal Code §41-1411, §41-1420 ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH PARKING REQUIREMENTS According to the City of Santa Ana Municipal Code, the parking requirements for Churches, Chapels, and Religious Meeting Halls is: “one (1) space for each three (3) fixed seats, plus one space for each fifty (50) square feet of floor area in seating areas without fixed seats.” For Unspecified Uses, the parking requirement is: “five (5) spaces for each one thousand (1,000) square feet of gross floor area.” Table 2 presents a summary of the parking requirements for the existing sanctuary building without the proposed expansion of the mezzanine. The City of Santa Ana Churches, Chapels, and Religious Meeting Halls parking requirements consist of areas with fixed seats, requiring 1 space for every 3 fixed seats. Table 2 shows that there is a parking requirement of 108 spaces for the existing sanctuary building use. TABLE 2: EXISTING SANCTUARY BUILDING PARKING REQUIREMENTS Building Type Seating Capacity Building Size Municipal Code Land Use Required Parking Rate1 Required Spaces Existing Sanctuary 324 16,798 sf Churches, Chapels, and Religious Meeting Halls 1 per 3 seats 108 1 Santa Ana Municipal Code Requirements as shown on Table 1 Table 3 presents a summary of the parking requirements for the proposed expansion of the mezzanine in the existing sanctuary building. According to the City of Santa Ana parking requirements, Churches, Chapels, and Religious Meeting Halls require 1 space for every 3 fixed seats. This requirement indicates that a total of 37 spaces are needed to support the proposed expansion of the mezzanine. 4-89 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 4 of 14 11709-31 Parking Evaluation TABLE 3: PROPOSED MEZZANINE PARKING REQUIREMENTS Building Type Seating Capacity Municipal Code Land Use Required Parking Rate1 Required Spaces Mezzanine 110 Churches, Chapels, and Religious Meeting Halls 1 per 3 seats 37 1 Santa Ana Municipal Code Requirements as shown on Table 1 Table 4 presents a summary of the parking requirements for the proposed community service building. For Unspecified Uses, the Municipal Code requires five spaces for every 1,000 square feet of gross floor area, or one space for every 200 square feet of gross floor area. This requirement translates into a total parking demand of 50 spaces for the community service building. Since the City of Santa Ana Municipal Code does not specify parking requirements for a community service building or similar areas, the parking requirements for unspecified uses most closely resembles the expected uses planned for the community service building. Other similar uses, such as offices, business and professional, have a lower parking demand rate of 1 space per 333 square feet and require fewer parking spaces. Therefore, this analysis relies on the more conservative unspecified use rates to estimate parking demands for the community service building. TABLE 4: PROPOSED COMMUNITY SERVICE BUILDING PARKING REQUIREMENTS Building Type Building Size Municipal Code Land Use Required Parking Rate1 Required Spaces Community Service 9,928 sf Unspecified Uses 1 per 200 sf 50 1 Santa Ana Municipal Code Requirements as shown on Table 1 Table 5 shows the parking requirements for the existing sanctuary building and the proposed expansion of the mezzanine. The 101 parking spaces provided for the existing sanctuary building and the 55 proposed additional parking spaces for the mezzanine amounts to a total Church parking supply of 156 parking spaces. The 145 parking spaces required for the existing sanctuary building, and proposed mezzanine do not exceed the planned on-site parking supply of 156 parking spaces, resulting in an excess of 11 parking spaces. It is important to recognize that the parking demands associated with the combined existing sanctuary building and mezzanine activity outlined in Table 5 does not include any concurrent parking demands associated with the planned community service building. The Church has indicated that the community service building and the Church will not be used at the same time. Additional conditions of approval or enforcement measures may be needed to ensure that both the Church and community service building are not used concurrently due to a lack of on -site parking to support both activities. 4-90 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 5 of 14 11709-31 Parking Evaluation TABLE 5: CHURCH WITH MEZZANINE PARKING REQUIREMENT SUMMARY Land Use Parking Requirments1 Parking Provided2 Variance Existing 108 101 -7 Mezzanine 37 55 +18 Total 145 156 +11 1 Based on the Santa Ana Municipal Code §41-1411, §41-1420 ² Source: Archangel Michael Coptic Orthodox Church Project Description Table 6 presents a summary of the parking requirements for the exclusive use of the proposed community service building. Since the community service building will not be used concurrently with the existing sanctuary building or planned mezzanine, the same parking spaces can effectively be shared by both uses. As shown in Table 6, the 156 spaces provided includes the existing 101 parking spaces in the Church parking lot with the addition of 55 new parking spaces. The 50-space parking requirement associated with the exclusive use of the community service building does not exceed the available on-site parking supply of 156 spaces. This translates into a parking surplus of 106 parking spaces for the exclusive use of the community service building and does not account for any concurrent Church and / or mezzanine activities. TABLE 6: PROPOSED COMMUNITY SERVICE BUILDING PARKING SUMMARY Land Use Parking Requirments1 Parking Provided2 Variance Community Service Building 50 156 +106 1 Based on the Santa Ana Municipal Code §41-1411, §41-1420 ² Source: Archangel Michael Coptic Orthodox Church Project Description EXISTING PARKING DEMAND To describe the existing weekday and weekend parking conditions, hourly parking counts were collected during a variety of conditions at the existing Archangel Michael Coptic Orthodox Church. To describe the existing on-street parking demands, hourly parking counts were collected to describe the number of vehicles in the Church parking lot as well as the number of vehicles parked on the following nearby residential streets: West Regents, South Gate, South Elliot, and Lilac Avenue. All parking counts were collected in coordination with the City of Santa Ana. The parking count worksheets included in Appendix B describe the number of vehicles utilizing the on- site Church parking lot as well as nearby on-street parking. Appendix C illustrates the on-street parking boundaries for the adjacent residential streets. Each street segment is outlined in red, defining the limits of the on-street parking counts. 4-91 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 6 of 14 11709-31 Parking Evaluation EXISTING WEEKDAY PARKING DEMANDS To describe typical weekday parking conditions, parking counts were collected on Tuesday, May 29th and Thursday, May 31st. The Archangel Michael Coptic Orthodox Church calendar of events included in Appendix A outlines the schedule of activities occurring throughout the day at the Church. Based on the calendar of activities, the parking counts on Tuesday, May 29th describe the parking demands associated with a Senior Citizen Meeting from 12:00 p.m. to 1:30 p.m. and simultaneous Bible Study Meetings from 7:00 p.m. to 9:00 p.m. The parking demands on Thursday, May 31st describe an Arabic Youth Meeting from 7:30 p.m. to 9:30 p.m. Table 7 presents a summary of the existing weekday church parking lot counts. As shown on Table 7, the peak weekday church parking demands approach 60 spaces and do not exceed the available existing parking supply of 101 spaces. The on-street parking counts collected on the neighboring residential streets do not suggest any church overflow parking demands during typical weekday conditions. TABLE 7: WEEKDAY CHURCH PARKING LOT COUNT SUMMARY Time Church Parking Lot On-Street Parking4 Tuesday Thursday Peak Demand3 Tuesday Thursday Peak Demand5 5/29/20181 5/31/20182 5/29/2018 5/31/2018 8:00 AM 8 5 8 67 69 69 9:00 AM 8 7 8 55 43 55 10:00 AM 7 10 10 43 34 43 11:00 AM 20 24 24 38 31 38 12:00 PM 32 21 32 37 40 40 1:00 PM 33 5 33 36 42 42 2:00 PM 8 6 8 44 39 44 3:00 PM 5 6 6 46 37 46 4:00 PM 5 9 9 42 37 42 5:00 PM 7 8 8 58 45 58 6:00 PM 8 6 8 60 56 60 7:00 PM 25 11 25 60 69 69 8:00 PM 60 20 60 70 78 78 9:00 PM 55 54 55 75 77 77 Peak 60 54 60 75 78 78 1 Based on counts taken on Tuesday, May 29th in the Church parking lot 2 Based on counts taken on Thursday, May 31st in the Church parking lot 3 Peak number of vehicles parked in the Church parking lot 4 Residential on-street parking totals based on counts provided in Appendix B 5 Peak number of vehicles parking on-street in residential neighborhoods 4-92 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 7 of 14 11709-31 Parking Evaluation EXISTING SATURDAY PARKING DEMANDS Additional hourly counts were collected to describe parking conditions on Saturday, June 9th, 2018. The Saturday calendar of events included the following events: Elementary, Jr High Sunday School, & High School Meeting from 7:00 p.m. to 9:00 p.m., and Midnight Praises from 9:00 p.m. to 10:00 p.m. Table 8 presents a summary of existing Saturday parking counts. TABLE 8: SATURDAY PARKING COUNT SUMMARY Time Church Parking Lot1 On-Street Parking2 8:00 AM 20 83 9:00 AM 54 79 10:00 AM 59 76 11:00 AM 9 68 12:00 PM 15 76 1:00 PM 13 82 2:00 PM 23 82 3:00 PM 15 76 4:00 PM 16 69 5:00 PM 18 73 6:00 PM 23 85 7:00 PM 84 96 8:00 PM 94 108 9:00 PM 58 101 10:00 PM 30 98 Peak 94 108 1 Based on counts taken in the Church parking lot on Saturday, June 9th, 2018 2 Residential on-street parking totals based on counts provided in Appendix B Table 8 indicates that the peak Saturday Church parking demand occurs during the late evening hours after 8:00 p.m. However, the counts show that the existing Saturday Church parking demands of 94 spaces do not exceed the available existing church parking lot capacity of 101 spaces. Therefore, the Church is not expected to create any on-street parking demand on the nearby residential streets during typical Saturday conditions. 4-93 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 8 of 14 11709-31 Parking Evaluation EXISTING SUNDAY PARKING DEMAND To describe the peak Church service activities, two additional counts were collected every thirty minutes during Liturgy services on Sunday, June 17th, and again on Sunday, September 16th. The Sunday activities included Arabic Liturgy from 7:00 a.m. to 9:00 a.m., English Liturgy from 9:30 a.m. to 12:00 p.m., and a College Meeting from 12:00 p.m. to 1:00 p.m. Table 9 presents a summary of the Sunday parking demands. TABLE 9: SUNDAY PARKING COUNT SUMMARY Time Church Parking Lot1 On-Street Parking2 Sunday Sunday Peak Demand3 Sunday Sunday Peak Demand4 6/17/2018 9/16/18 6/17/2018 9/16/18 6:00 AM 10 9 10 92 95 95 6:30 AM 25 16 25 92 95 95 7:00 AM 74 31 74 90 91 91 7:30 AM 90 70 90 89 90 90 8:00 AM 101 96 101 100 95 100 8:30 AM 101 96 101 103 96 103 9:00 AM 101 87 101 100 90 100 9:30 AM 53 42 53 74 81 81 10:00 AM 79 36 79 70 77 77 10:30 AM 101 49 101 70 77 77 11:00 AM 101 56 101 78 83 83 11:30 AM 92 59 92 83 83 83 12:00 PM 33 41 33 78 77 78 12:30 PM 12 18 12 72 74 74 1:00 PM 10 18 10 71 76 76 1:30 PM 12 31 12 73 79 79 2:00 PM 10 41 10 77 81 81 Peak 101 96 101 103 96 103 1 Based on counts taken in the Church parking lot 2 Residential on-street parking totals based on counts provided in Appendix B 3 Peak number of vehicles parked in the Church parking lot 4 Peak number of vehicles parking on-street in residential neighborhoods 4-94 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 9 of 14 11709-31 Parking Evaluation The existing parking counts show that the parking lot is fully utilized during Sunday Church services typically between the hours of 8:00 a.m. to 9:00 a.m. and 10:30 a.m. to 11:30 a.m. Therefore, due to the overflow parking demands in the Church parking lot, it is expected that peak Church parking demands will overflow on to Edinger Avenue and the neighboring residential streets that include West Regents, South Gate, South Elliot, and Lilac Avenue. This analysis focuses on the on-street parking demands impacting the neighboring residential streets and therefore, does not include vehicles parking on Edinger Avenue. In addition, it is important to recognize that the on-street parking counts include both the overflow Church parking as well as the existing on-street residential parking demands. As shown on Table 10, the existing on-street residential parking demands at 6:00 a.m. on Sunday morning June 17th is 92 vehicles. This increases to a peak on-street parking demand of 103 vehicles at 8:30 a.m., an increase of 11 vehicles that may be attributed to overflow church parking demands. On Sunday, September 16th, the number of vehicles parking on-street that may be attributed to overflow Church parking is estimated at 1 vehicle. TABLE 10: ON-STREET CHURCH PARKING DEMAND ESTIMATE Date On-Street Parking Demands1 6:00 AM 8:30 AM Variance Sunday, June 17, 2018 92 103 +11 Sunday, September 16, 2018 95 96 +1 1 Based on the on-street residential parking counts shown on Table 9 and included in Appendix B. ² Estimated Church on-street parking. This attributes all residential on-street parking demand increases to the Church. With over 92 vehicles parking on-street at 6:00 on the neighboring residential streets, most on-street parking demands on the residential street surrounding the Archangel Michael Coptic Orthodox Church are not related to church activities. Existing parking count observations during Sunday Church services suggests that the church may contribute to an increase of 11 vehicles. The Sunday, September 16th Sunday parking counts even suggests that there were as many cars were parked on-street at 6:00 AM (95 vehicles) than during the peak Sunday Church service activities at 8:30 AM (96 vehicles). It is important to recognize that on-street parking is a public resource that benefits all users in the City and it is not reserved for the exclusive use of any one group. SPECIAL EVENT PARKING DEMAND To describe the peak parking demands associated with the Church, parking counts were collected during a special event on Sunday, June 3rd, 2018. As shown on Table 11, the Church parking lot was at capacity by 7:30 a.m. Starting at 8:30 a.m., the on-street parking demands in the neighboring residential community steadily increased until 11:00 a.m. with a peak on -street parking demand of 159 vehicles. The peak special event parking demands suggest that with 90 vehicles parked on-street at 6:00 a.m. and 159 vehicles parked on-street at 11:00 a.m., special event Church activity may contribute a peak overflow 4-95 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 10 of 14 11709-31 Parking Evaluation parking demand of 69 vehicles. This estimate assumes that all on-street parking during this time can be attributed to the special event church parking. Some of these vehicles parked on-street may not be associated with special event church activities. During special events at the Church, it appears that overflow parking on the neighboring residential streets lasted for roughly four hours (8 :30 a.m. to 12:30 p.m.). By 1:00 p.m. it appears that the Church overflow parking conditions ended. TABLE 11: SPECIAL EVENT PARKING DEMAND Time Church Parking Lot1 On-Street Parking2 6:00 AM 10 90 6:30 AM 25 88 7:00 AM 55 87 7:30 AM 101 87 8:00 AM 101 90 8:30 AM 101 106 9:00 AM 101 119 9:30 AM 101 134 10:00 AM 101 145 10:30 AM 101 156 11:00 AM 101 159 11:30 AM 101 157 12:00 PM 101 155 12:30 PM 101 114 1:00 PM 72 89 1:30 PM 62 79 2:00 PM 59 72 Peak 101 159 1 Based on counts taken in the Church parking lot on Sunday, June 3rd, 2018 2 Residential on-street parking totals based on counts provided in Appendix B PROJECT PARKING ANALYSIS To describe the potential parking demands associated with the Project, this section provides a review of the expected weekday, Saturday, and Sunday parking demands. 4-96 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 11 of 14 11709-31 Parking Evaluation WEEKDAY PARKING DEMANDS Table 12 shows the estimated Project hourly weekday Church parking demands. The estimated parking demand is compared with the on-site parking supply of 156 spaces to determine if adequate parking supply is available on-site to support the Project. During typical Project weekday conditions, Table 12 indicates a parking surplus ranging from 96 spaces at 8:00 p.m. to 150 spaces at 3:00 p.m. Since the existing sanctuary Building and the mezzanine will not be used concurrently with the proposed community service building, Table 12 shows that there is adequate parking supply on the weekdays with the Project. No overflow on-street parking is expected during typical weekday conditions with the Project. TABLE 12: WEEKDAY PARKING DEMANDS Time Existing Church Parking Demands Total On-Site Parking3 Parking Surplus Tuesday 5/29/181 Thursday 5/31/182 Maximum Weekday 8:00 AM 8 5 8 156 +148 9:00 AM 8 7 8 156 +148 10:00 AM 7 10 10 156 +146 11:00 AM 20 24 24 156 +132 12:00 PM 32 21 32 156 +124 1:00 PM 33 5 33 156 +123 2:00 PM 8 6 8 156 +148 3:00 PM 5 6 6 156 +150 4:00 PM 5 9 9 156 +147 5:00 PM 7 8 8 156 +148 6:00 PM 8 6 8 156 +148 7:00 PM 25 11 25 156 +131 8:00 PM 60 20 60 156 +96 9:00 PM 55 54 55 156 +101 1 Based on counts taken on Tuesday, May 29th in the existing Church parking lot 2 Based on counts taken on Thursday, May 31th in the existing Church parking lot 3 Total On-Site Parking Provided as shown on Table 5 4-97 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 12 of 14 11709-31 Parking Evaluation SATURDAY PARKING DEMANDS Table 13 presents the estimated hourly Project parking demands for Saturday conditions. When compared with the existing Saturday parking counts, the parking demands can be compared to the available on-site parking supply of 156 spaces. As shown on Table 13, the Saturday Project parking demands are estimated to range from 9 spaces at 11:00 a.m. to 94 spaces at 8:00 p.m. Table 13 shows that there is sufficient parking on Saturdays with the Project. No overflow on-street parking is expected during typical Saturday conditions with the Project. TABLE 13: SATURDAY PARKING DEMANDS Time Church Parking Saturday 6/9/181 Total On-Site Parking2 Parking Surplus 8:00 AM 20 156 +136 9:00 AM 54 156 +102 10:00 AM 59 156 +97 11:00 AM 9 156 +147 12:00 PM 15 156 +141 1:00 PM 13 156 +143 2:00 PM 23 156 +133 3:00 PM 15 156 +141 4:00 PM 16 156 +140 5:00 PM 18 156 +138 6:00 PM 23 156 +133 7:00 PM 84 156 +72 8:00 PM 94 156 +62 9:00 PM 58 156 +98 1 Based on counts taken on Saturday, June 9th in the existing Church parking lot 2 Total On-Site Parking Provided as shown on Table 5 4-98 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 13 of 14 11709-31 Parking Evaluation SUNDAY PARKING DEMANDS Table 14 presents the estimated Sunday Project parking demands. The mezzanine expansion will provide pew seating for approximately 110 parishioners in the existing Church’s sanctuary Building. According to the City of Santa Ana parking requirements, Churches, Chapels, and Religious Meeting Halls require 1 space for every 3 fixed seats. TABLE 14: SUNDAY PARKING DEMANDS Time Mezzanine1 Existing Church Parking Demands Overflow Parking Demand4 Total Parking Demand5 Total On-Site Parking Parking Surplus Sunday 6/17/182 Sunday 9/16/183 Peak Weekend 6:00 AM 37 10 9 10 11 58 156 +98 6:30 AM 37 25 16 25 11 73 156 +83 7:00 AM 37 74 31 74 11 122 156 +34 7:30 AM 37 90 70 90 11 138 156 +18 8:00 AM 37 101 96 101 11 149 156 +7 8:30 AM 37 101 96 101 11 149 156 +7 9:00 AM 37 101 87 101 11 149 156 +7 9:30 AM 37 53 42 53 11 101 156 +55 10:00 AM 37 79 36 79 11 127 156 +29 10:30 AM 37 101 49 101 11 149 156 +7 11:00 AM 37 101 56 101 11 149 156 +7 11:30 AM 37 92 59 92 11 140 156 +16 12:00 PM 37 33 41 41 11 89 156 +67 12:30 PM 37 12 18 18 11 66 156 +90 1:00 PM 37 10 18 18 11 66 156 +90 1:30 PM 37 12 31 31 11 79 156 +77 2:00 PM 37 10 41 41 11 89 156 +67 1 Total Required Spaces as shown on Table 3 2 Based on counts taken on Sunday, June 17th in the existing Church parking lot 3 Based on counts taken on Sunday, September 16th in the existing Church parking lot 4 Estimated number of vehicles parking on-street that may be attributed to overflow Church parking (Table 10) 5 Mezzanine plus Peak Weekend Parking Demands plus Overflow Parking Demands This requirement indicates that a total of 37 spaces are needed to support the proposed expansion of the mezzanine. The Project will provide 55 new parking spaces. This exceeds the minimum parking requirements for the mezzanine by 18 spaces. Table 14 presents the estimated on-site Project parking 4-99 Ms. Selena Kelaher City of Santa Ana November 12, 2018 Page 14 of 14 11709-31 Parking Evaluation demands associated with the Proposed mezzanine, the existing Church, and the estimated overflow on- street parking demands on the neighboring residential streets. Based on the Sunday parking counts, the increase in the number of vehicles parking on -street that may be attributed to overflow Church parking is estimated at 11 vehicles. The estimated Sunday parking demands on Table 14 shows adequate parking supply on-site to accommodate all vehicles during typical Sunday Church activities. This review is based on the Project Description with no concurrent community service building parking demands during Sunday Church services. CONCLUSION This parking study demonstrates that the Project provides adequate parking supply during typical weekday and Saturday conditions for the proposed Archangel Michael Coptic Orthodox Church provided that the proposed mezzanine and the community service building are not used concurrently. The parking demand analysis shows that adequate parking is provided to support the Project during typical weekday Saturday and Sunday conditions. However, during peak Special Event activities the Church will likely continue to generate overflow parking demand on nearby residential streets. If you have any questions, please contact me directly at (949) 336-5979. Respectfully submitted, URBAN CROSSROADS, INC. Bill Lawson, P.E., INCE Principal 4-100 11709-31 Parking Evaluation APPENDIX A: ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH CALENDAR OF EVENTS 4-101 11709-31 Parking Evaluation This page intentionally left blank 4-102 11709-31 Parking Evaluation 4-103 11709-31 Parking Evaluation 4-104 11709-31 Parking Evaluation APPENDIX B: PARKING COUNT WORKSHEETS 4-105 11709-31 Parking Evaluation This page intentionally left blank 4-106 Location:4405 West Edinger Avenue, Santa Ana Day:Tuesday Analyst:N. Brawner Date:5/29/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 8:00 AM 8 24 6 16 21 75 67 9:00 AM 8 16 6 15 18 63 55 10:00 AM 7 15 3 9 16 50 43 11:00 AM 20 13 3 9 13 58 38 12:00 PM 32 14 3 7 13 69 37 1:00 PM 33 12 4 7 13 69 36 2:00 PM 8 18 6 8 12 52 44 3:00 PM 5 13 7 14 12 51 46 4:00 PM 5 10 7 13 12 47 42 5:00 PM 7 16 9 18 15 65 58 6:00 PM 8 13 12 19 16 68 60 7:00 PM 25 12 8 19 21 85 60 8:00 PM 60 14 10 20 26 130 70 9:00 PM 55 15 9 23 28 130 75 Total Spaces1 101 80 70 65 45 361 Archangel Michael Coptic Orthodox Church Parking Counts 1 Based on an estimate of parking spaces available on-street Total On-StreetTime Parking Analysis Zones Totals 11709-31 Parking CountsTuesday 529 4-107 Location:4405 West Edinger Avenue, Santa Ana Day:Thursday Analyst:N. Brawner Date:5/31/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 8:00 AM 5 26 9 13 21 74 69 9:00 AM 7 10 7 13 13 50 43 10:00 AM 10 9 4 9 12 44 34 11:00 AM 24 9 4 7 11 55 31 12:00 PM 21 13 5 10 12 61 40 1:00 PM 5 18 5 9 10 47 42 2:00 PM 6 16 7 6 10 45 39 3:00 PM 6 10 7 8 12 43 37 4:00 PM 9 10 6 9 12 46 37 5:00 PM 8 10 9 11 15 53 45 6:00 PM 6 15 8 17 16 62 56 7:00 PM 11 18 8 19 24 80 69 8:00 PM 20 16 15 15 32 98 78 9:00 PM 54 15 15 19 28 131 77 Total Spaces1 101 80 70 65 45 361 Archangel Michael Coptic Orthodox Church Parking Counts 1 Based on an estimate of parking spaces available on-street Total On-StreetTime Parking Analysis Zones Totals 11709-31 Parking CountsThursday 531 4-108 Location:4405 West Edinger Avenue, Santa Ana Day:Saturday Analyst:N. Carlson Date:6/9/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 8:00 AM 20 14 18 13 38 103 83 9:00 AM 54 13 15 13 38 133 79 10:00 AM 59 12 14 14 36 135 76 11:00 AM 9 8 13 15 32 77 68 12:00 PM 15 9 11 17 39 91 76 1:00 PM 13 12 16 17 37 95 82 2:00 PM 23 13 12 21 36 105 82 3:00 PM 15 14 17 15 30 91 76 4:00 PM 16 13 13 19 24 85 69 5:00 PM 18 12 17 20 24 91 73 6:00 PM 23 18 18 17 32 108 85 7:00 PM 84 18 19 19 40 180 96 8:00 PM 94 17 20 29 42 202 108 9:00 PM 58 16 21 23 41 159 101 10:00 PM 30 17 19 20 42 128 98 Total Spaces1 101 80 70 65 45 361 Archangel Michael Coptic Orthodox Church Parking Counts 1 Based on an estimate of parking spaces available on-street Total On-StreetTime Parking Analysis Zones Totals 11709-31 Parking CountsSaturday 609 4-109 Location:4405 West Edinger Avenue, Santa Ana Day:Sunday Analyst:Jake terHorst Date:6/17/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 6:00 AM 10 16 15 23 38 102 92 6:30 AM 25 16 15 23 38 117 92 7:00 AM 74 14 15 23 38 164 90 7:30 AM 90 15 18 22 34 179 89 8:00 AM 101 15 25 23 37 201 100 8:30 AM 101 14 26 24 39 204 103 9:00 AM 101 16 25 24 35 201 100 9:30 AM 53 13 15 19 27 127 74 10:00 AM 79 13 13 18 26 149 70 10:30 AM 101 13 11 15 31 171 70 11:00 AM 101 13 15 19 31 179 78 11:30 AM 92 14 18 19 32 175 83 12:00 PM 33 15 12 20 31 111 78 12:30 PM 12 17 15 19 21 84 72 1:00 PM 10 18 14 20 19 81 71 1:30 PM 12 18 16 19 20 85 73 2:00 PM 10 19 18 18 22 87 77 Total Spaces1 101 80 70 65 45 361 Archangel Michael Coptic Orthodox Church Parking Counts 1 Based on an estimate of parking spaces available on-street Total On-StreetTime Parking Analysis Zones Totals 11709-31 Parking CountsSunday 617 4-110 Location:4405 West Edinger Avenue, Santa Ana Day:Sunday Analyst:Bill Lawson Date:9/16/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 6:00 AM 9 10 11 42 32 104 95 6:30 AM 16 10 11 42 32 111 95 7:00 AM 31 10 11 39 31 122 91 7:30 AM 70 10 12 35 33 160 90 8:00 AM 96 10 17 35 33 191 95 8:30 AM 96 10 16 37 33 192 96 9:00 AM 87 10 15 33 32 177 90 9:30 AM 42 10 10 33 28 123 81 10:00 AM 36 10 12 30 25 113 77 10:30 AM 49 9 12 32 24 126 77 11:00 AM 56 10 15 34 24 139 83 11:30 AM 59 10 15 32 26 142 83 12:00 PM 41 7 14 35 21 118 77 12:30 PM 18 7 12 35 20 92 74 1:00 PM 18 9 12 36 19 94 76 1:30 PM 31 9 13 38 19 110 79 2:00 PM 41 10 13 40 18 122 81 Total Spaces1 101 80 70 65 45 361 1 Based on an estimate of parking spaces available on-street Archangel Michael Coptic Orthodox Church Parking Counts Time Parking Analysis Zones Totals Total On-Street 11709-31 Parking CountsSunday 916 4-111 Location:4405 West Edinger Avenue, Santa Ana Day:Sunday Analyst:Jake terHorst Date:6/3/2018 Church Lot West Regents South Gate Street South Elliot Place Lilac Avenue 6:00 AM 10 18 13 26 33 100 90 6:30 AM 25 18 12 26 32 113 88 7:00 AM 55 18 13 24 32 142 87 7:30 AM 101 18 12 24 33 188 87 8:00 AM 101 18 12 25 35 191 90 8:30 AM 101 22 19 23 42 207 106 9:00 AM 101 28 24 24 43 220 119 9:30 AM 101 38 26 28 42 235 134 10:00 AM 101 45 34 23 43 246 145 10:30 AM 101 54 36 22 44 257 156 11:00 AM 101 60 38 18 43 260 159 11:30 AM 101 59 38 19 41 258 157 12:00 PM 101 57 39 19 40 256 155 12:30 PM 101 39 25 17 33 215 114 1:00 PM 72 29 20 17 23 161 89 1:30 PM 62 23 17 19 20 141 79 2:00 PM 59 19 13 19 21 131 72 Total Spaces1 101 80 70 65 45 361 Archangel Michael Coptic Orthodox Church Parking Counts Time Parking Analysis Zones Totals Total On-Street 1 Based on an estimate of parking spaces available on-street 11709-31 Parking CountsSunday 603 4-112 11709-31 Parking Evaluation APPENDIX C: ON-STREET PARKING BOUNDARIES 4-113 11709-31 Parking Evaluation This page intentionally left blank 4-114 11709-31 Parking Evaluation 4-115 11709-31 Parking Evaluation This page intentionally left blank 4-116 EXHIBIT 14 4-117 This page left blank intentionally. 4-118 11738-02 Letter.docx June 19, 2018 Ms. Selena Kelaher City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 SUBJECT: ARCHANGEL MICHAEL COPTIC ORTHODOX CHURCH FOCUSED TRAFFIC ASSESSMENT Dear Ms. Selena Kelaher: The purpose of this focused traffic assessment is to identify potential impacts and improvement needs to study area intersections as a result of the development of the proposed Project located at 4405 West Edinger Avenue (referred to as “Project”) in the City of Santa Ana. It is our understanding that the Project is proposing opening the existing mezzanine to provide pew seating for approximately 109 parishioners in the existing church’s sanctuary building and is proposing the construction of a new two-story 9,928 square foot Community Service Building, which is not proposed to be utilized concurrently with the sanctuary building. However, for the purposes of this focused traffic assessment, each component of the proposed Project has been evaluated both independently and combined (concurrent activities for the church and the community service building) in an effort to conduct a conservative analysis. As part of the Project, the church will also be moving the community service uses from the sanctuary’s basement to the new community service building and the sanctuary’s basement will be utilized for ancillary storage. The preliminary site plan is shown on Exhibit 1. SUMMARY OF FINDINGS The study area evaluated for the purposes of this focused traffic assessment is shown on Exhibit 2. Based on the results of this traffic evaluation, the intersection of Newhope Street and Edinger Avenue currently operates at a deficient level of service (LOS) (i.e., LOS E) during the weekday PM peak hour only and would continue to operate at a deficient LOS in the future. However, the Project’s contribution to this intersection is not anticipated to exceed the City’s significance threshold for deficient intersections. As such, the Project’s impact at the intersection of Newhope Street and Edinger Avenue is less than significant and no mitigation is required. Weekday AM and PM peak hour queues are anticipated to exceed the current striped storage lengths for the southbound and westbound left turn lanes at the intersection of Newhope Street and Edinger Avenue. However, the existing striped two-way-left-turn lane for both the southbound and westbound left turn lanes appear to provide adequate storage to accommodate the peak hour queues. The two- way-left-turn lane striped along Edinger Avenue is anticipated to accommodate adequate storage for the eastbound left turn movement for both the West and East Driveways serving the Project. 4-119 11738-02 Letter.docx Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 2 of 8 EXSITING (2018) CONDITIONS TRAFFIC FORECASTS Existing (2018) weekday AM (7-9 AM), weekday PM (4-6 PM), and Sunday AM (8-10 AM) peak hour turning movement counts (provided in Attachment A) were collected for 2 existing study area intersections (see Exhibit 2). Existing (2018) weekday and Sunday peak hour traffic volumes are shown on Exhibit 3. INTERSECTION OPERATIONS ANALYSIS Per the City’s guidelines, intersection operations analysis has been reported using the Intersection Capacity Utilization (ICU) methodology for signalized intersections and using the Highway Capacity Manual (HCM 6th Edition) methodology for unsignalized intersections. ICU is reported as a volume-to- capacity ratio and HCM is reported in delay (seconds). A summary of intersection operations analysis results for Existing (2018) traffic conditions, along with intersection approach lanes by movement, is shown in Table 1. As shown in Table 1, the following study area intersection is currently operating at an unacceptable level of service (LOS) under Existing (2018) traffic conditions: •Newhope Street & Edinger Avenue (#1) – LOS E PM peak hour only Existing (2018) conditions intersection analysis worksheets are provided in Attachment B. PROJECT TRAFFIC TRIP GENERATION Trip generation represents the amount of traffic which is both attracted to and produced by a development. Determining traffic generation for a specific project is therefore based upon forecasting the amount of traffic that is expected to be both attracted to and produced by the specific land uses being proposed for a given development. The Institute of Transportation Engineers (ITE)Trip Generation Manual is a nationally recognized source for estimating site specific trip generation. The trip generation rates used for the Project are based upon data collected by ITE in their Trip Generation Manual, 10th Edition, 2017. Project trip generation rates for the proposed land use is shown in Table 2. The following 3 trip generation alternatives were considered for the purposes of this focused traffic assessment: •Alternative 1: 109 new seats in the mezzanine of the existing sanctuary •Alternative 2: Construction of a new 9,928 square foot Community Service Building 4-120 Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 3 of 8 11738-02 Letter.docx •Alternative 3: 109 new seats in the mezzanine of the existing sanctuary plus construction of a new 9,928 square foot Community Service Building (representing concurrent activities) As shown on Table 2, the Project (Alternative 3) would generate a net total of approximately 117 weekday trip ends per day with 5 weekday AM peak hour trips, 8 weekday PM peak hour trips, and 159 Sunday AM peak hour trips. PROJECT TRIP DISTRIBUTION The Project trip distribution and assignment process represents the directional orientation of traffic to and from the Project site. For the purposes of this focused traffic assessment, the trip distribution patterns utilized are based on the existing count data collected on the Sunday morning peak period. The Project trip distribution patterns are shown on Exhibit 4. PROJECT TRIP ASSIGNMENT The assignment of traffic from the Project area to the adjoining roadway system is based upon the Project trip generation, trip distribution, and the arterial highway and local street system improvements that would be in place by the time of initial occupancy of the Project. Based on the identified Project traffic generation and trip distribution patterns, Project only peak hour intersection turning movement volumes are shown on the following exhibits for the weekday and Sunday peak hours: •Exhibit 5: Alternative 1 (109 new seats in the mezzanine of the existing sanctuary) •Exhibit 6: Alternative 2 (Construction of a new 9,928 square foot Community Service Building) •Exhibit 7: Alternative 3 Total Project OPENING YEAR (2019) WITHOUT CONDITIONS TRAFFIC FORECASTS The opening year traffic volumes have been calculated to account for one year of ambient growth at 1% percent per year. Opening Year (2019) Without Project weekday and Sunday peak hour traffic volumes are shown on Exhibit 8. INTERSECTION OPERATIONS ANALYSIS A summary of intersection operations analysis results for Opening Year (2019) traffic conditions is shown in Table 3. As shown in Table 3, the following study area intersection is anticipated to continue to operate at an unacceptable LOS under Opening Year (2019) Without Project traffic conditions: •Newhope Street & Edinger Avenue (#1) – LOS E PM peak hour only 4-121 11738-02 Letter.docx Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 4 of 8 Opening Year (2019) Without Project conditions intersection analysis worksheets are provided in Attachment C. OPENING YEAR (2019) WITH CONDITIONS TRAFFIC FORECASTS The Project trips that have been calculated at each of the study area intersections based on the trips generated by the Project shown on Table 2 and were added to Opening Year (2019) Without background traffic to calculate Opening Year (2019) With Project traffic volumes for each of the Project alternatives. Opening Year (2019) With Project weekday and Sunday peak hour traffic volumes are shown on the following exhibits: •Exhibit 9: Alternative 1 (109 new seats in the mezzanine of the existing sanctuary) •Exhibit 10: Alternative 2 (Construction of a new 9,928 square foot Community Service Building) •Exhibit 11: Alternative 3 Total Project INTERSECTION OPERATIONS ANALYSIS ALTERNATIVE 1: MEZZANINE ONLY A summary of intersection operations analysis results for Opening Year (2019) With Project (Mezzanine Only) traffic conditions is shown in Table 3. As shown in Table 3, the following study area intersection is anticipated to continue operate at an unacceptable LOS under Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue (#1) – LOS E PM peak hour only Opening Year (2019) With Project (Mezzanine Only) conditions intersection analysis worksheets are provided in Attachment D. ALTERNATIVE 2: COMMUNITY SERVICE BUILDING ONLY A summary of intersection operations analysis results for Opening Year (2019) With Project (Community Service Building Only) traffic conditions is shown in Table 5. As shown in Table 5, the following study area intersection is anticipated to continue operate at an unacceptable LOS under Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue (#1) – LOS E PM peak hour only Opening Year (2019) With Project (Community Service Building Only) conditions intersection analysis worksheets are provided in Attachment F. 4-122 11738-02 Letter.docx Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 5 of 8 ALTERNATIVE 3: TOTAL PROJECT A summary of intersection operations analysis results for Opening Year (2019) With Project (Total Project) traffic conditions is shown in Table 7. As shown in Table 7, the following study area intersection is anticipated to continue operate at an unacceptable LOS under Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue (#1) – LOS E PM peak hour only Opening Year (2019) With Project (Total Project) conditions intersection analysis worksheets are provided in Attachment H. TRAFFIC PROGRESSION ANALYSIS At the City’s request, a traffic progression analysis has been performed for the weekday and Sunday peak hours to determine whether any improvements are necessary to accommodate peak hour queues. The purpose of the progression analysis is to verify the adequacy of the southbound and westbound left turn lanes at Newhope Street and Edinger Avenue and to determine the necessary lengths of turn pockets with storage and appropriate transitions (which adhere to the General Plan roadway classification for Edinger Avenue) at the Project driveways. Each weekday and Sunday peak hour has been simulated 5 times for a 60-minute period using the SimTraffic software. The progression analysis results are based on an average of all 5 simulations for each peak hour. ALTERNATIVE 1: MEZZANINE ONLY A summary of peak hour queuing results for Opening Year (2019) With Project (Mezzanine Only) traffic conditions is shown in Table 4. As shown in Table 4, the following movements are anticipated to experience peak hour queues that exceed the available storage for Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue – Southbound left turn lane would experience queues in the weekday AM and PM peak hours only. This lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane north of the intersection for approximately 640-feet to W. Regent Drive. •Newhope Street & Edinger Avenue – Westbound left turn lane would experience queues in the weekday AM and PM peak hours only. The lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane east of the intersection for approximately 885- feet to Richardson Street. This painted two-way-left-turn lane is currently utilized and would continue to provide left-turn access to the proposed Project and housing development on the southeast corner of Newhope Street & Edinger Avenue. 4-123 11738-02 Letter.docx Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 6 of 8 Adequate storage is anticipated to be accommodated for the eastbound left turn lanes at both Project driveways. Opening Year (2019) With Project (Mezzanine Only) conditions traffic progression analysis worksheets are provided in Attachment E. ALTERNATIVE 2: COMMUNITY SERVICE BUILDING ONLY A summary of peak hour queuing results for Opening Year (2019) With Project (Community Service Building Only) traffic conditions is shown in Table 6. As shown in Table 6, the following movements are anticipated to experience peak hour queues that exceed the available storage for Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue – Southbound left turn lane would experience queues in the weekday AM and PM peak hours only. This lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane north of the intersection for approximately 640-feet to W. Regent Drive. •Newhope Street & Edinger Avenue – Westbound left turn lane would experience queues in the weekday AM and PM peak hours only. The lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane east of the intersection for approximately 885- feet to Richardson Street. This painted two-way-left-turn lane is currently utilized and would continue to provide left-turn access to the proposed Project and housing development on the southeast corner of Newhope Street & Edinger Avenue. Adequate storage is anticipated to be accommodated for the eastbound left turn lanes at both Project driveways. Opening Year (2019) With Project (Community Service Building Only) conditions traffic progression analysis worksheets are provided in Attachment G. ALTERNATIVE 3: TOTAL PROJECT A summary of peak hour queuing results for Opening Year (2019) With Project (Total Project) traffic conditions is shown in Table 8. As shown in Table 8, the following movements are anticipated to experience peak hour queues that exceed the available storage for Opening Year (2019) With Project traffic conditions: •Newhope Street & Edinger Avenue – Southbound left turn lane would experience queues in the weekday AM and PM peak hours only. This lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane north of the intersection for approximately 640-feet to W. Regent Drive. •Newhope Street & Edinger Avenue – Westbound left turn lane would experience queues in the weekday AM and PM peak hours only. The lane is currently striped to provide 150-feet of storage, but is striped as a two-way-left-turn lane east of the intersection for approximately 885- feet to Richardson Street. This painted two-way-left-turn lane is currently utilized and would 4-124 Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 7 of 8 11738-02 Letter.docx continue to provide left-turn access to the proposed Project and housing development on the southeast corner of Newhope Street & Edinger Avenue. Adequate storage is anticipated to be accommodated for the eastbound left turn lanes at both Project driveways. Opening Year (2019) With Project (Total Project) conditions traffic progression analysis worksheets are provided in Attachment I. CITY OF SANTA ANA PERFORMANCE CRITERIA AND THRESHOLDS OF SIGNIFICANCE The City of Santa Ana’s target LOS is D for roadway segments and arterial street intersections, except in major development areas. The City of Santa Ana has established the following thresholds of significance to determine whether the addition of project-related trips would result in a significant impact, and thus require mitigation: •A significant impact occurs at a study area intersection if the addition of project-related trips causes the intersection to change from an acceptable LOS (i.e., LOS D or better) to a deficient LOS (i.e., LOS E or F). •A significant impact occurs at a study area intersection if the addition of project-related trips results in a v/c increase of 0.010 and the intersection operates at a deficient LOS under pre- project traffic conditions (i.e., LOS E and F). RECOMMENDATIONS The addition of Project traffic for each of the 3 alternatives is anticipated to result in a v/c increase of less than 0.010. As such, the Project’s impact to the deficient intersection of Newhope Street and Edinger Avenue is less than significant. Therefore, no mitigation is necessary at the study area intersections based on the peak hour operations analyses. Although the traffic progression analysis indicates that there is queuing anticipated in the southbound left turn lane during the weekday AM and PM peak hours, this lane is striped as a two-way-left-turn lane north of the intersection for approximately 640-feet to W. Regent Drive. As such, restriping the storage to accommodate 300-feet of storage does not appear necessary as these vehicles would store within the painted two-way-left-turn lane. Similarly, although the traffic progression analysis indicates that there is queuing anticipated in the westbound left turn lane during the weekday AM and PM peak hour, the analysis also indicates that no storage is required for the West Driveway on Edinger Avenue. As such, there would be additional storage that could be accommodated within the existing two-way-left-turn lane to meet the weekday peak hour queuing demand. Both the West and East Driveways on Edinger Avenue are anticipated to have sufficient storage within the existing painted median to accommodate the anticipated eastbound left turn queues into the site. 4-125 11738-02 Letter.docx Ms. Selena Kelaher City of Santa Ana June 19, 2018 Page 8 of 8 If you have any questions, please contact me directly at (949) 336-5982. Respectfully submitted, URBAN CROSSROADS, INC. Charlene So, PE Senior Associate 4-126 4-127 4-128 4-129 4-130 4-131 4-132 4-133 4-134 4-135 4-136 4-137 Table 1 ICU or Delay2 Level of Traffic Northbound Southbound Eastbound Westbound (v/c or secs.) Service # Intersection Control 3 L T R L T R L T R L T R AM PM Sun AM PM Sun 1 Newhope St. & Edinger Av. TS 1 2 0 1 2 0 1 2 1 1 2 1 0.889 0.933 0.498 D E A 2W. Driveway & Edinger Av. CSS 0 0 0 0 1 0 1 2 0 0 2 0 11.5 13.7 14.0 B B B 3E. Driveway & Edinger Av. *BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS). 1  When a right turn is designated, the lane can either be striped or unstriped.  To function as a right turn lane there must be sufficient width for right turning vehicles to travel outside the through lanes 2 Per the Highway Capacity Manual (6th Edition), the delay and level of service for the worst individual movement (or movements sharing a single lane) are shown for intersections with cross street stop control.  Delay is reported in seconds. Intersection capacity utilization (ICU) methodology results are presented for signalized intersections only as a volume‐to‐capacity ratio. 3 TS = Traffic Signal; CSS = Cross‐Street Stop      L = Left; T = Through; R = Right Intersection Analysis for Existing (2018) Conditions Intersection Approach Lanes 1 Future Intersection Location 4-138 Table 2ITE LULand UseUnits1Code In Out Total In Out Total In Out TotalChurchTSF 560 0.198 0.132 0.330 0.221 0.270 0.490 4.795 5.195 9.990 6.950ChurchSeats 560 0.005 0.005 0.010 0.012 0.018 0.030 0.265 0.275 0.540 0.440ProjectUnits1Quantity In Out Total In Out Total In Out TotalMezzanineSeats 10911212329305948Community Service BuildingTSF 9.92821323548521006932535877821591171  TSF = Thousand Square Feet2  Trip Generation Source:  Institute of Transportation Engineers (ITE), Trip Generation Manual, Tenth Edition (2017).Project Trip Generation SummaryWeekday AM Peak Hour Weekday PM Peak Hour Weekday Daily Trip Generation Rates2Sunday AM Peak HourProject TotalAM Peak Hour PM Peak Hour Weekday Daily Trip Generation SummarySunday AM Peak Hour4-139 Table 3ICU or Delay1ICU or Delay1Traffic (v/c or secs.)(v/c or secs.)# IntersectionControl2AM PM Sun AM PM Sun AM PM Sun AM PM Sun AM PM Sun1 Newhope St. & Edinger Av. TS 0.8970.9420.501 DEA 0.8970.9420.510 DEA‐‐0.000‐‐No2W. Driveway & Edinger Av. CSS 11.6 13.8 14.1 B B B 11.6 13.8 13.2 B B B‐‐ ‐‐ ‐‐No3E. Driveway & Edinger Av.CSS11.6 13.8 13.0 B B B‐‐ ‐‐ ‐‐No*BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS).1Per the Highway Capacity Manual (6th Edition), the delay and level of service for the worst individual movement (or movements sharing a single lane)are shown for intersections with cross street stop control.  Delay is reported in seconds.Intersection capacity utilization (ICU) methodology results are presented for signalized intersections only as a volume‐to‐capacity ratio.2TS = Traffic Signal; CSS = Cross‐Street Stop;  CSS = ImprovementIntersection Analysis for Opening Year (2019) Conditions ‐ Mezzanine OnlyChange in v/c or secondsSignificant Impact?Future IntersectionServiceService2019 Without Project2019 With ProjectLevel ofLevel of 4-140 Table 4Newhope St. & Edinger Av.SBL 150188 93 70 282 154 129WBL 150120 105 65 178 173 131W. Driveway & Edinger Av.EBL 5000 1000 34E. Driveway & Edinger Av.EBL 5001 909 32Intersection MovementAvailable Stacking Distance (Feet)95th Percentile Queue (Feet)AM Peak Hour Sunday Peak HourQueuing Summary for Opening Year (2019) With Project (Mezzanine Only) ConditionsPM Peak Hour PM Peak Hour50th Percentile Queue (Feet)AM Peak Hour Sunday Peak Hour4-141 Table 5ICU or Delay1ICU or Delay1Traffic (v/c or secs.)(v/c or secs.)# IntersectionControl2AM PM Sun AM PM Sun AM PM Sun AM PM Sun AM PM Sun1 Newhope St. & Edinger Av. TS 0.8970.9420.501 DEA 0.8970.9420.516 DEA‐‐0.000‐‐No2W. Driveway & Edinger Av. CSS 11.6 13.8 14.1 B B B 11.6 13.8 13.2 B B B‐‐ ‐‐ ‐‐No3E. Driveway & Edinger Av.CSS11.6 13.8 13.0 B B B‐‐ ‐‐ ‐‐No*BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS).1Per the Highway Capacity Manual (6th Edition), the delay and level of service for the worst individual movement (or movements sharing a single lane)are shown for intersections with cross street stop control.  Delay is reported in seconds.Intersection capacity utilization (ICU) methodology results are presented for signalized intersections only as a volume‐to‐capacity ratio.2TS = Traffic Signal; CSS = Cross‐Street Stop;  CSS = ImprovementIntersection Analysis for Opening Year (2019) Conditions ‐ Community Service Building Only2019 Without Project2019 With ProjectChange in v/c or secondsSignificant Impact?Level ofLevel ofServiceServiceFuture Intersection 4-142 Table 6Newhope St. & Edinger Av.SBL 150195 94 66 290 167 120WBL 150123 111 77 171 172 148W. Driveway & Edinger Av.EBL 5000 1200 36E. Driveway & Edinger Av.EBL 5000 906 34Sunday Peak HourIntersection MovementAvailable Stacking Distance (Feet)50th Percentile Queue (Feet) 95th Percentile Queue (Feet)AM Peak Hour Sunday Peak Hour AM Peak HourQueuing Summary for Opening Year (2019) With Project (Community Service Building Only) ConditionsPM Peak HourPM Peak Hour4-143 Table 7ICU or Delay1ICU or Delay1Traffic (v/c or secs.)(v/c or secs.)# IntersectionControl2AM PM Sun AM PM Sun AM PM Sun AM PM Sun AM PM Sun1 Newhope St. & Edinger Av. TS 0.8970.9420.501 DEA 0.8970.9430.525 DEA‐‐0.001‐‐No2W. Driveway & Edinger Av. CSS 11.6 13.8 14.1 B B B 11.6 13.8 13.2 B B B‐‐ ‐‐ ‐‐No3E. Driveway & Edinger Av.CSS11.6 13.8 13.0 B B B‐‐ ‐‐ ‐‐No*BOLD = LOS does not meet the applicable jurisdictional requirements (i.e., unacceptable LOS).1Per the Highway Capacity Manual (6th Edition), the delay and level of service for the worst individual movement (or movements sharing a single lane)are shown for intersections with cross street stop control.  Delay is reported in seconds.Intersection capacity utilization (ICU) methodology results are presented for signalized intersections only as a volume‐to‐capacity ratio.2TS = Traffic Signal; CSS = Cross‐Street Stop;  CSS = ImprovementIntersection Analysis for Opening Year (2019) Conditions ‐ Total Project2019 Without Project2019 With ProjectChange in v/c or secondsSignificant Impact?Level ofLevel ofServiceServiceFuture Intersection 4-144 Table 8Newhope St. & Edinger Av.SBL 150198 100 69 293 189 130WBL 150119 112 79 170 173 148W. Driveway & Edinger Av.EBL 5000 1000 34E. Driveway & Edinger Av.EBL 5001 707 29Sunday Peak HourIntersection MovementAvailable Stacking Distance (Feet)50th Percentile Queue (Feet) 95th Percentile Queue (Feet)AM Peak Hour Sunday Peak Hour AM Peak HourQueuing Summary for Opening Year (2019) With Project (Total Project) ConditionsPM Peak Hour PM Peak Hour4-145 This page left blank intentionally. 4-146