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HomeMy WebLinkAbout03-11-19_AGENDA PACKETPLANNING COMMISSION AGENDA 1 March 11, 2019 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA MARCH 11, 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 FELIX RIVERA 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 PLANNING COMMISSION AGENDA 2 March 11, 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 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 3 March 11, 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-C. A. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 25, 2019 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. C. MINOR EXCEPTION NO. 2018-02 TO ALLOW THE INSTALLATION OF AN OVERHEAD ELECTRICAL FEEDER AT A NEW SINGLE-FAMILY RESIDENCE AND DETACHED ACCESSORY DWELLING UNIT LOCATED AT 206 SOUTH ANDRES PLACE. – DANNY NGUYEN, APPLICANT. Ivan Orozco, Case Planner. RECOMMENDED ACTION: Confirm the Zoning Administrator’s action approving Minor Exception No. 2018-02, as conditioned. * * * 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 4 March 11, 2019 PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2019-05 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (BEER AND WINE) FOR ON-PREMISE CONSUMPTION AT A NEW EATING ESTABLISHMENT LOCATED AT 1302 EAST 17TH STREET, UNIT D IN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT – FAR WEST RESTAURANT GROUP, LLC REPRESENTING WINGSTOP RESTAURANT, APPLICANT {STRATEGIC PLAN NO. 3, 2}. Pedro Gomez, Case Planner. In accordance with the California Quality Environmental Act (CEQA), the proposed project is categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3) - No Significant Effect on the Environment. Categorical Exemption ER No. 2019-06 will be filed for this project. Legal noticed published in the Orange County Reporter on March 1, 2019 and notices mailed on March 1, 2019. RECOMMENDED ACTIONS: Adopt a resolution approving Conditional Use Permit No. 2019-05, as conditioned. 2. CONDITIONAL USE PERMIT NO. 2019-07 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (BEER, WINE AND DISTILLED SPIRITS) FOR ON-PREMISE CONSUMPTION AT A NEW EATING ESTABLISHMENT LOCATED AT 2158 SOUTH BRISTOL STREET IN THE GENERAL COMMERCIAL (C2) ZONING DISTRICT – EDGAR ASCENCIO REPRESENTING CULICHI TOWN RESTAURANT, APPLICANT {STRATEGIC PLAN NO. 3, 2}. Ivan Orozco, Case Planner. In accordance with the California Quality Environmental Act (CEQA), the proposed project is categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3) - No Significant Effect on the Environment. Categorical Exemption ER No. 2019-14 will be filed for this project. Legal noticed published in the Orange County Reporter on March 1, 2019 and notices mailed on March 1, 2019. RECOMMENDED ACTIONS: Adopt a resolution approving Conditional Use Permit No. 2019-07, 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 5 March 11, 2019 3. CONDITIONAL USE PERMIT NO. 2019-08 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (BEER AND WINE) FOR ON-PREMISE CONSUMPTION AT A NEW EATING ESTABLISHMENT LOCATED AT 3392 SOUTH BRISTOL STREET IN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT – TAIT AND ASSOCIATES REPRESENTING AYCE SUSHI RESTAURANT, APPLICANT {STRATEGIC PLAN NO. 3, 2}. Ivan Orozco, Case Planner. In accordance with the California Quality Environmental Act (CEQA), the proposed project is categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3), No Significant Effect on the Environment. Categorical Exemption ER No. 2019-15 will be filed for this project. Legal noticed published in the Orange County Reporter on March 1, 2019 and notices mailed on March 1, 2019. RECOMMENDED ACTIONS: Adopt a resolution approving Conditional Use Permit No. 2019-08, as conditioned. * * * END OF BUSINESS CALENDAR * * * COMMENTS 4. STAFF COMMENTS 5. COMMISSION MEMBER COMMENTS ADJOURNMENT – Adjourn meeting to Monday, March 25, 2019 at 5:30 p.m. in Council Chamber, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • 3025 W Edinger_ General Plan Amendment from Low Density Residential (LR-7) to Medium Density Residential (MR-15). Tentative Tract map to create 18 condominium units. Variances to allow an increase in building height, reduced front yard, reduction in required off-street parking and deviations to ground floor access to construct 18 townhomes • 324 W Fourth St Unit# A_ to extend the on premise sale and consumption of beer and wine to 324 West Fourth Street, Unit A and Unit B in conjunction with an existing eating establishment (Café Cultura) • Billboards Ordinance_ Revise the Off-Premises Advertising zoning code section to allow conversions of existing billboards to and construction of new digital billboards subject to removal of inner-city static billboard removals and operating agreements. • Transit Zoning Code_ amendments to the TZC to facilitate construction of three pending mixed-use projects in the TZC area at the 3rd & Broadway, First American, and Northgate Gonzalez sites. • Group Home Ordinance (Permanent)_ A zoning ordinance amendment to amend several sections of Chapter 41 of the Santa Ana Municipal Code to establish permanent regulations on the permitting, establishment and processing of group home facilities in the city. This page left blank intentionally. 1 PLANNING COMMISSION MINUTES February 25, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA February 25, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:35 P.M. ATTENDANCE COMMISSIONERS Present: ERIC ALDERETE (left at 7:56 p.m.) DAVID BENAVIDES ANGIE CANO CYNTHIA CONTRERAS-LEO, Vice Chair (left at 7:19 p.m.) MARK MCLOUGHLIN, Chair KENNETH NGUYEN LYNETTE VERINO COMMISSIONERS Absent: PLANNING & BUILDING AGENCY STAFF Present: CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (on non-agenda items): None. CONSENT CALENDAR A. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 11, 2019 MOTION: Approve Minutes. B. EXCUSED ABSENCES MOTION: Excuse absent commission members. MOTION: Nguyen SECOND: Benavides VOTE: AYES: Alderete, Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (7) NOES: None (0) A-1 2 PLANNING COMMISSION MINUTES February 25, 2019 ABSTAIN: None (0) ABSENT: None (0) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2018-27 TO ALLOW AN AUTOMATED CAR WASH, AND VARIANCE NO. 2018-13 TO ALLOW A DRIVEWAY WITHIN 150 FEET OF AN INTERSECTION FOR THE PROPERTY LOCATED AT 1703 EAST SEVENTEENTH STREET IN THE ARTERIAL COMMERCIAL (C-5) ZONING DISTRICT. Legal noticed published in the Orange County Reporter on February 1, 2019 and notices mailed on February 1, 2019. Matter continued from the February 11, 2019 meeting by a vote of 5:0 (Alderete and Verino absent). Case Planner Pezeshkpour provided a staff report which included a project description, project background and project analysis. Commission discussion ensued regarding other carwashes in the surrounding area, traffic impacts, proposed traffic signal, and ingress and egress on 17th Street. The applicant spoke in support of the matter. Written communication in support of the matter was received by the following individuals: • Michael Gadd • Petition with 23 signatures was submitted by applicant. Written communication in opposition of the matter was received by the following individuals: • Phil Bacerra • Mike Tardif • Winston Covington Chair McLoughlin opened the Public Hearing. The below individuals support the project and cited the following reasons: A-2 3 PLANNING COMMISSION MINUTES February 25, 2019 • Charles Diamond, owner of property: property is currently in disrepair, the project will benefit the community. • Richard Raskak: property is currently in disrepair; the project will benefit the community. • James Kim: project will benefit the community and proposed traffic signal will improve traffic safety. • Michael Gadd: property is currently in disrepair; the project will benefit the community. • Pat Gibson, traffic consultant: project does not create significant impacts to traffic, the traffic signal will improve traffic safety. The below individuals spoke in opposition to the project and expressed concerned with the following: • Bridget Catalano: Noise, traffic, and light projection onto the neighboring apartment building. • David Maciel: Noise, homeless, and loitering. • Fran Needham: Project incompatible with the surrounding area. • Gilbert Zamora: Traffic, safety, proposed traffic signal will increase traffic, homeless, incompatible with the surrounding area. • Millie Garcia: Noise, light projection onto the neighboring apartment building, traffic, safety, proposed traffic signal will increase traffic, use of alleyway as an exit by carwash customers. • Octavio Reynoso: Noise and traffic. • Rossy: Noise and traffic. • Winston Convington: Traffic, negative impact on the quality of life for those living in the surrounding neighborhood. Also submitted letters of opposition. • Bill Conklin: Noise and traffic. The applicant addressed concerns regarding lighting and security. Indicated the site will be equipped with motion detector lights; they will not be on continuously throughout the night. A security system will be installed and a security guard will patrol the area; this will help with the homeless loitering issues. There were no other speakers and the hearing was closed. Commission generally agreed the proposed project is an improvement for the current site. Concerns regarding traffic have been mitigated with installation of the traffic signal, and the concern regarding noise has been mitigated with the installation of state of the art noise reduction equipment. Commission also commended applicant for redesigning the site to address neighborhood concerns. Commissioner Verino motioned to approve the project as recommended by staff; it was seconded by Vice Chair Contreras-Leo. Chair McLoughlin expressed concern with the noise and suggested a “soft opening” be held to demonstrate that noise levels will not be excessive. A-3 4 PLANNING COMMISSION MINUTES February 25, 2019 The applicant reported that for his other business, Redondo Beach Auto Spa, the City hired an outside consultant to measure noise levels, as the project was in close proximity to residential units. The consultant issued a report which found that noise levels were not excessive. He is confident the same findings can be made for this project. Chair McLoughlin moved to amend the original motion. Commissioner Verino accepted the amendment. MOTION: 1. Adopt a resolution approving Conditional Use Permit No. 2018-27 as conditioned to allow an automated car wash. 2. Adopt a resolution approving Variance No. 2018-13 as conditioned to allow a driveway within 150 feet of an intersection. With the added condition that a noise study be conducted, at no cost to the City, by the same consultant that was utilized by Redondo Beach for the Redondo Beach Auto Spa, and the applicant shall submit the noise study prior to a Certificate of Occupancy. MOTION: Verino SECOND: Contreras-Leo VOTE: AYES: Alderete, Benavides, Cano, Contreras-Leo, McLoughlin, Nguyen, Verino (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. TENTATIVE TRACT MAP NO. 2018-01 TO ALLOW TWO EXISTING PARCELS TO BE SUBDIVIDED INTO SIX NEW PARCELS AND A PRIVATE STREET IN ORDER TO FACILITATE THE CONSTRUCTION OF SIX NEW SINGLE-FAMILY RESIDENTIAL UNITS LOCATED AT 1514 AND 1516 NORTH ENGLISH STREET IN THE SINGLE FAMILY RESIDENTIAL (R-1) ZONING DISTRICT Legal noticed published in the Orange County Reporter on February 15, 2019 and notices mailed on February 15, 2019. Case Planner Guevara provided a staff report which included a project description, project background and project analysis. Written communication in opposition of the matter was received by the following individuals: • Marco Ramirez • Ruby Gonzalez-Woo A-4 5 PLANNING COMMISSION MINUTES February 25, 2019 Chair McLoughlin opened the Public Hearing. The following individuals spoke on the matter: • Raul Ortiz: Concerned with the close proximity of proposed project to his residence and inadequate parking. • Marco Ramirez: Concerned with parking, traffic, architectural design, and lack of privacy. • Jose Sarabia: Stated that current property line is encroaching on his property; wants to be certain the new project will not do so. There were no other speakers and the Public Hearing was closed. Commission discussion ensued regarding number of parking spots, setback, positioning of house frontages towards English Street, and architectural style. Concern was expressed with the 5-foot side yard setback for Lot 6. MOTION: Adopt a resolution approving Tentative Tract Map No. 2018-01, as conditioned. MOTION: Alderete SECOND: Benavides VOTE: AYES: Alderete, Benavides, Cano, McLoughlin, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Contreras-Leo (1) 3. CONDITIONAL USE PERMIT NO. 2018-24 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (BEER AND WINE) FOR ON-PREMISE CONSUMPTION AT AN EXISTING EATING ESTABLISHMENT LOCATED AT 2841 W. MACARTHUR BOULEVARD UNIT #B IN THE ARTERIAL COMMERCIAL (C-5) ZONING DISTRICT. Legal noticed published in the Orange County Reporter on February 15, 2019 and notices mailed on February 15, 2019. Case Planner Gomez provided a staff report which included a project description, project background and project analysis. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2018-24, as conditioned. A-5 6 PLANNING COMMISSION MINUTES February 25, 2019 MOTION: Verino SECOND: Nguyen VOTE: AYES: Alderete, Benavides, Cano, McLoughlin, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Contreras-Leo (1) 4. CONDITIONAL USE PERMIT NO. 2019-06 TO ALLOW DRIVE-THROUGH WINDOW SERVICE AT A PROPOSED EATING ESTABLISHMENT LOCATED AT 2250 EAST SEVENTEENTH STREET IN THE COMMUNITY COMMERCIAL (C-1) ZONING DISTRICT. Legal noticed published in the Orange County Reporter on February 15, 2019 and notices mailed on February 15, 2019. Case Planner Guevara provided a staff report which included a project description, project background and project analysis. Commission discussion ensued regarding site entrances/exits, cueing, drive-thru lanes, volume of cars, design elements, and traffic analysis. Written communication in opposition of the matter was received by the following individuals: • Gloria Gonzales The applicant spoke in support of the matter. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2019-06, as conditioned. MOTION: Nguyen SECOND: Verino VOTE: AYES: Alderete, Benavides, Cano, McLoughlin, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Contreras-Leo (1) ***END OF BUSINESS CALENDAR*** A-6 7 PLANNING COMMISSION MINUTES February 25, 2019 WORK STUDY CALENDAR 5. REVIEW AND DISCUSS VEHICLE MILES TRAVELED (VMT) AS A MEASUREMENT FOR EVALUATING FUTURE TRANSPORTATION IMPACTS IN ACCORDANCE WITH SENATE BILL 743 Jason Pack, representing Fehr and Peers, provided a presentation which included information on the following: • SB 743 Overview o Legislative Intent o What does it do? o Key Terms o Status • SB 743 Implementation o Establishing VMT Threshold o Screening • SB 743 Recommendations 6. REVIEW AND DISCUSS THE PROPOSED MAIN PLACE MALL REINVENTION PROJECT MOTION: Adjourn item to Thursday, February 28, 2019 at 5:30 p.m. in Ross Annex Conference Room 1600. MOTION: McLoughlin SECOND: Nguyen VOTE: AYES: Benavides, Cano, McLoughlin, Nguyen, Verino (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete, Contreras-Leo (2) ****END OF WORK STUDY SESSION*** COMMENTS 7. STAFF COMMENTS: • Planning Manager Neal: Santa Ana Neighborhood Association is a finalist in the National Neighborhood Social Equitable Awards. A-7 8 PLANNING COMMISSION MINUTES February 25, 2019 •Principal Planner Fregoso: The 2525 N. Main Street project will need to come back before the Commission in about three to six months. 8.COMMISSION MEMBER COMMENTS: None. 8:19 P.M. ADJOURNMENT – Adjourn meeting to Thursday, February 28 at 5:00 p.m. in Ross Annex Conference Room 1600, 20 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-8 C-1 C-2 C-3 C-4 EXHIBIT 1 C-5 This page left blank intentionally. C-6 Resolution No. 2019-xx Page 1 of 5 RESOLUTION NO. 2019-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2018-02 AS CONDITIONED FOR THE PROPERTY LOCATED AT 206 SOUTH ANDRES PLACE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant, Danny Nguyen, is requesting approval of Minor Exception No. 2018-02 to allow the installation of an overhead feeder at the property located at 206 South Andres Place. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-626, approval of a minor exception is required to allow an overhead electrical feeder when otherwise required to be placed underground for new developments. C. Minor Exception No. 2018-02 came before the Zoning Administrator of the City of Santa Ana on February 27, 2019, for a duly noticed public hearing. D. For Minor Exception No. 2018-02, the Zoning Administrator of the City of Santa Ana determines that the following findings have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 project site has a special circumstance related to its location and surroundings. The power pole currently servicing the surrounding residences is located on an adjacent neighboring property which will not provide the necessary easement to underground the feeder to the new development. Moreover, the only other power pole capable of providing an underground service is not feasible; to obtain power from this pole, the owner must trench through two residential properties and trench under South Andres Place. This option will be extremely costly to the applicant and are beyond the typical range of cost experienced by most developers of single-family residences in Santa Ana. C-7 Resolution No. 2019-xx Page 2 of 5 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the minor exception is necessary for the preservation and enjoyment of substantial property rights. The granting of the minor exception will preserve the property owner’s ability to complete construction of a new single-family residence and accessory dwelling unit and to provide power to the new residential units and for the enjoyment of future occupants. 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this minor exception will not be detrimental to the public or surrounding properties. There is an existing overhead feeder that currently provides electrical service to the subject site. Continuing to provide overhead service will alleviate the need to trench trough two residential properties. Additionally, closing South Andres Place which will create traffic and inconveniences to the surrounding residents and the general public. Approving this minor exception to allow the overhead electrical feeder will not have any negative impacts to the surrounding properties or general public welfare and will be the most feasible option to the applicant, Southern California Edison (SCE), and the City. 4. That the granting of a minor exception will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed minor exception is consistent with Goals 1, 2 and 3 of the Land Use Element of the General Plan. These goals encourage the development and occupation of single-family residences. Policy 1.4 supports the development of single-family residential lots, Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area, Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity, and Policy 3.5 encourages new development and/or additions to existing development that are compatible in scale, and consistent with the architectural style and character of the neighborhood. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act (CEQA). The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption applies to projects consisting of construction and location of limited numbers of new, small facilities, or structures of up to 10,000 square feet in floor area insofar as the project and site meet the following criteria: C-8 Resolution No. 2019-xx Page 3 of 5 that the project site is zoned for such use, that the project note involve the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. Moreover, the project and its location meet the test for exceptions as outlined in Section 15300.2 of the CEQA guidelines; the project site is not located in an environmentally sensitive area and will not impact an environmental resource of hazardous or critical concern. Based on these criteria and on staff’s analysis, Categorical Exemption Environmental Review No. 2019-12 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2018-02 as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 206 South Andres Place. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated February 27, 2019, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 27th day of February, 2019. _______________________ Vince Fregoso, AICP Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney C-9 Resolution No. 2019-xx Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jocelyn Magalona, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on February 27, 2019. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana C-10 Resolution No. 2019-xx Page 5 of 5 EXHIBIT A Conditions of Approval for Minor Exception No. 2018-02 Minor Exception 2018-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 1. All proposed site improvements must conform to the site plan review approval of Res. No. 2017-1220 and Res. No. 2017-1221. 2. Any amendment to this minor exception must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the minor exception must be amended. C-11 This page left blank intentionally. C-12 EXHIBIT 2 C-13 This page left blank intentionally. C-14 2/11/2019 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 NGUYEN RESIDENCE AND ADU, ME No. 2018-02206 SOUTH ANDRES PLACE EXHIBIT 2 - VICINITY ZONING AND AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet C-15 This page left blank intentionally. C-16 EXHIBIT 3 C-17 This page left blank intentionally. C-18 ME No. 2018-02 206 SOUTH ANDRES PLACE SITE PHOTO EXHIBIT NO. 3 C-19 This page left blank intentionally. C-20 EXHIBIT 4 C-21 This page left blank intentionally. C-22 ME No. 2018-02 206 SOUTH ANDRES PLACE SCE PRELIMINARY CONSTRUCTION PLAN EXHIBIT NO. 4 C-23 This page left blank intentionally. C-24 EXHIBIT 5 C-25 This page left blank intentionally. C-26 ME No. 2018-02 206 SOUTH ANDRES PLACE SITE PLAN EXHIBIT NO. 5 C-27 This page left blank intentionally. C-28 1-1 1-2 1-3 1-4 1-5 This page left blank intentionally. 1-6 EXHIBIT 1 1-7 This page left blank intentionally. 1-8 LS 3.11.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-05 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION AT W INGSTOP RESTAURANT LOCATED AT 1302 EAST SEVENTEENTH STREET, UNIT D 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. Daniel Sonenshine with Far West Restaurant Group, LLC (“Applicant”) representing Wingstop restaurant, is requesting approval of Conditional Use Permit No. 2019-05 to allow the sale of alcoholic beverages for on-premises consumption (Type 41 – Beer and Wine) for the property located at 1302 East Seventeenth Street, Unit D. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- premises consumption. C. On March 11, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2019-05. 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. 2019-05 to allow the sale of alcoholic beverages for on-premises consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase beer and wine with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Operational standards applicable to the alcoholic beverage 1-9 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. In addition, the subject site is not located within immediate proximity to parks, playgrounds, schools, or religious institutions and the building is located approximately 300 feet away from the nearest single-family residences. Wingstop will be 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 Wingstop to remain economically viable and compete with nearby full-service restaurants in the local vicinity and contribute to the overall success of the City of Santa Ana. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on- premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full-service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5) percent of the gross floor area for 1-10 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 or any specific 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. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Wingstop is located within a commercial center and its operation is compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on-premises sale of alcoholic beverages at a full-service restaurant and minor interior tenant improvements. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. 1-11 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-05 for the alcoholic beverage control license for the sale of alcohol for on-premises consumption for the project located at 1302 East Seventeenth Street, Unit D, 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 March 11, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 11th day of March, 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 March 11, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 1-12 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-05 Conditional Use Permit No. 2019-05 for on-premises consumption of alcoholic beverages is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance with 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 sales, service, sales, service, and consumption of alcoholic beverages shall be limited from 10:30 a.m. to 12:00 a.m. Monday through Sunday. 3. A Property Maintenance Agreement shall 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; (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; 1-13 (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the 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. 1-14 EXHIBIT 2 1-15 This page left blank intentionally. 1-16 1-17 This page left blank intentionally. 1-18 EXHIBIT 3 1-19 This page left blank intentionally. 1-20 CUP 2019-05 WINGSTOP 1302 EAST SEVENTEENTH STREET, UNIT D SITE PHOTOS EXHIBIT 3 1-21 This page left blank intentionally. 1-22 EXHIBIT 4 1-23 This page left blank intentionally. 1-24 1 HCSTA L L 55'99'88.75'W W W W W WGASGASGASGASGASGASGASGASGASGASGASGASGASGASGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GASGMWWWWWWWWWWWWWWWWWWWWWW PARKING ONLY/+0+/7/(+0'8#0#%%'55+$.'ACCESSIBLE PARKING SIGNINTERNATIONAL SYMBOL OF ACCESSIBILITYOVERALL SITE PLANUNAUTHORIZED PARKING SIGNAGE(E) ACCESSIBLE PARKING STALLSSSSSSSSSSSSSSSSSSSSSSSSOHWOHWOHWOHWOHWOHWOHWOHW OHWOHWOH W OHW OH W OHWOHW OH W OHWOHW OHW OHWOHWOH W OHW OHW OHW OHW OHWOHW OHWOHWOH WOHWOHWOHWOHW XXXXXOHWOHWOHWXXXXXXXXXX OHWX 180.3'52.7'0.7'127.8'40.0'25.0'346.4'14.2'15.1' 15.1' 107.2' 189.0' 312.1' 31.4'1 7 T H S T R E E TG R A N D A V E N U E 1H C ST ALL 240.0'FIRELANER204.0' 240.0'FIRELANE 240 .0 ' FIR E LANE R204.0'240 .0 'FIRELANE 240.0'FIRELANE SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS W W W W W W W W W WWWWWWWEEETTTWWWWWWSS SS W EEEEEEEE EGAS GAS GAS GAS GAS GAS GASGM W W W W W17th STREETGRAND AVENUE WINGSTOP1,450 S.F.T.I.SP1.0ARMET DAVIS NEWLOVE &ASSOCIATES, AIA ARCHITECTS1330 OLYMPIC BLVD.SANTA MONICA, CALIFORNIA 90404PH 310 452-5533 FAX 310 450-4742NOPARKINGSITE PLAN1-25 This page left blank intentionally. 1-26 EXHIBIT 5 1-27 This page left blank intentionally. 1-28 ···EQUIPMENT PLAN NOTESEQUIPMENT PLAN LEGENDWALK-IN COOLER / FREEZER SPECIFICATIONSEQUIPMENT PLAN1259A60129493388541145292118842946 4 6 211821182118211838751038531746 1686872999916541259A60789732060-1407843204262036-1692036-1692036-1692048-169701848-5701836-51001836-43735361836-539 141836-53982 81 28 32 3434A 2727272726A2727272726A2727272726BACCESSIBLE296641 7 41 59B 56 678899626491306361603159A 52681848-1 681848-1 71431. FLAT PANEL TV DISPLAY WALL MOUNTING BRACKET & MONITOR BRAND SELECTION TO BE DETERMINED BY OWNER.CONTRACTOR TO COORDINATE ITEM #58 WITH OWNER FOR INSTALLATION.2. THE OWNER SHALL PROVIDE WALL MOUNTED DECOR ITEMS. THESE ITEMS ARE TO BE INSTALLED BY THE CONTRACTOR. THECONTRACTOR SHALL COORDINATE AND SCHEDULE THE DELIVERY AND INSTALLATION OF ALL DECOR ITEMS WITH THE OWNER.REFER TO A3.13. THE CONTRACTOR SHALL VERIFY WITH ALL LOCAL AGENCIES QUANTITY AND LOCATION OF ALL FIRE EXTINGUISHERS.4. ALL KITCHEN EQUIPMENT SHALL MEET THE REQUIREMENTS OF THE NATIONAL SANITATION FOUNDATION (NSF).5. THE EXHAUST HOOD, EXHAUST FAN, EXHAUST DUCT, EXHAUST DUCT FIRE WRAP AND MAKE-UP AIR FAN SHALL BE SUPPLIED BYTHE OWNER AND INSTALLED BY THE CONTRACTOR. THE MAKE-UP AIR DUCT SHALL BE SUPPLIED AND INSTALLED BY THECONTRACTOR.6. THE EXHAUST HOOD FIRE SUPPRESSION SYSTEM SHALL BE SUPPLIED AND INSTALLED BY THE OWNER. THE CONTRACTORSHALL SUPPLY AND INSTALL THE EMERGENCY GAS SHUT-OFF VALVE FOR THE EXHAUST HOOD FIRE SUPPRESSION SYSTEM.115 VOLTS, 9.2 AMPS / WITH CASTORS / NOTE 091 KEG DIRECT DRAW DISPENSERKM-515MAHEQUIPMENT LEGEND NOTES:115 VOLTS, 8.6 AMPS / WITH INTERGAL SHELVING #38 / NOTE 09115 VOLTS, 5.8 AMPS / WITH CASTORS / NOTE 09115 VOLTS, 4 AMPS / 1 1/2" DRAIN LINE / WITH 6" CASTORSNOTE 09 / WSPROTO-1 / WSPROTO-2 / WSPROTO-3-REFER TO EQUIPMENT PLAN FOR SIZESWITH (1) 18" DRAIN BOARDS, (2) 8" SIDE SPLASHES WITH OPTIONAL LID COVERS. 120 VOLTS, 6.7 AMPS / USED FOR DRY TYPE FOOD ONLY5 TIERS HIGH, REFER TO EQUIPMENT PLAN FOR SIZESREFER TO EQUIPMENT PLAN FOR SIZES & MOUNTING HEIGHTS2 ROWS, REFER SHEET EQ.2 FOR HEIGHT-ITEM NOT INDICATED ON EQUIPMENT PLANITEM NOT INDICATED ON EQUIPMENT PLAN---SIZE: 24" x 36", WITH S.S. CHANNEL FRAME-12" W X 12" H X 18" D / 6-TIERS / WITH 6" A.F.F.WITH DOOR ACTIVATED MICROSWITCHOVEN STAND WITH WHEELS2 ROWS INTERGAL W/ #03 & 10 REFER TO EQ.2 FOR HEIGHT105,000 BTU, 75 LBS (OIL CAPACITY) / WITH 6" CASTORS REFER TO PLUMBING PLANS FOR SPECIFICATIONS-MOUNTED ON BASE AS REQUIRED / COORDINATE TYPE WITH OWNERCLASS: K (AT HOOD), CLASS: 2A10BC (STANDARD)-NOTES 05, 06, 07 - VERIFY TYPE, SIZE & SERIES AGAINST HOOD DRAWINGS2 ROWS OF 18" x 48" (TOP), 2 ROWS OF 18" x 36" (BOTTOM)- REFER TO EQUIPMENT PLAN FOR SIZES AND NUMBER OF TIERSWITH 6" HIGH LEGSSUPPLIED BY COCA COLA PRODUCTS-120 VOLTS, 6.2 AMPS / ITEM IS AN INTEGRAL PART OF THE FRYERS240 VOLTS, 1.9 AMPSPROVIDED AND INSTALLED BY OWNERPROVIDED AND INSTALLED BY OWNERWALL MOUNTED MANAGER STATIONNOTE 11-ITEM NUMBER NOT INDICATED ON EQUIPMENT PLAN-----110 VOLTS, 15 AMPS / S.B. MODEL: B-300 / WITH 6" HIGH LEGSWITH (2) 8" HIGH SIDE SPLASHES24" TALL WITH UNDERSHELF / WITH INTEGRAL SHELVING #38WITH BUILT-IN ANTI SYPHON DEVICEWITH SHOVEL LEVER-24" HIGH WITH 30" HIGH LEFT SIDE SPLASH / WITH 6" HIGH LEGS---WITH 1600 SERIES METAL BASE--WITH DRAWER / WITH INTEGRAL SHELVING #38 / WITH CASTORS-01ITEM02030405060708091011121314151617181920212223242526A27282930313233343536373839404142SAFE & STAND44454647484950515253545556575859A6061626364656667686970717273747576777879818283858687888990919296949593NSFXCONT.SUPPLIERXOWNER-CONT.INSTALLATIONXOWNER-MODELDESCRIPTIONBY CONTRACTORCOORD./SUPERVISED-GLASS DOOR MECHANDISERSANDWICH/SALAD UNIT1-DR. REACH-IN REFRIGERATOR48" WOODEN BENCHS.S. 3-COMPARTMENT SINK, 96"L.MOP SERVICE BASINS.S. WORK TABLE 30"D. x 36"L.S.S. WORK TABLE 30"D. x 96"L.S.S. WORK TABLE 30"D. x 18"LHAND SINK W/ SIDE SPLASH (R & L)POTATO SLICERICE MACH. W/ STORAGE BINTANKLESS WATERHEATERHOT FOOD WELLSOLSTICE SUPREME GAS FRYERCOOKING & HOLDING TIMERSOLSTICE SUPREME FILTERNOT USED60" ROUND TABLE & BASE36" x 36" TABLE & BASE24" x 30" TABLE & BASE30" x 42" TABLE & BASEWOOD CHAIRSLIM-JIM TRASH RECEPTACLESANITARY NAPKIN RECEPTACLETRASH RECEPTACLES.S. WORK TABLE 18"D. x 30"L.SHORTENING SHUTTLECARBONATORBIB FLEX RACK SYSTEMCO2 SYSTEMSOLID SHELVESDRY STORAGE SHELVINGDUNNAGE RACK (PRODUCE STAND)SCULLERY SHELVING (2 ROWS)14'-0" TYPE 1 EXHAUST HOODS.S. WORK TABLE 48" (FRY TABLE)BROOM & MOP RACKFIRE EXTINGUISHERPOINT-OF-SALE SYSTEMSMARTRACK 9U WALL-MOUNT RACKPOINT-OF-SALE EQUIPMENT STEREO (AMP.) RECEIVERSATELLITE RECEIVER1/2 PAN X 4"EXTERIOR BUILDING SIGNAGE 'WINGSTOP'T.V., WALL BRACKET & STANDHAND SOAP DISPENSERPAPER TOWEL DISPENSERS.S. FRAMED MIRROR36" x 1 1/2" GRAB BAR42" x 1 1/2" GRAB BARTOILET PAPER DISPENSERGREASE INTERCEPTOR60" x 18" WIRE WALL SHELVINGCOOLER DUNNAGE RACKCOOLER SHELVINGWALK-IN COOLERROUND DROP-IN HOT FOOD WELLKNIFE HOLDERTICKET RAILHIGH CHAIRS.S. 2-COMPARTMENT SINK, 60"L.DRY STORAGE WIRE SHELVINGCOMMERCIAL MOP BUCKETEMPLOYEE LOCKERSFLY FAN / AIR CURTAINCONDIMENT DISPENSERS.S. STANDDD50LV38-1-BHR1SPE48-08CUSTOMCUSTOMMSB-2424CUSTOMCUSTOM7-PS-66300 SERIES1991-DVSSH75U160DKB7503SFSH75-CUSTOMCUSTOMCUSTOMCUSTOM6305P8323G41102MODEL VARIESCUSTOMSS-611-TN/A44239CARBO-MIZER 450CUSTOMEG01.00DR362012EG01.00ND SERIES40731REFER NOTE 03RZ-X750SRW9U-P060413-03MODEL VARIESMODEL VARIES#5124CUSTOMMODEL VARIESS4025T1290WSB-165-2436B-6106B-61068735020MODEL VARIESDR362012EG01.00CUSTOMSM-50-7 UL2918PHC-100W-KD-1CUSTOMEG01.007580-88KMXEL6STD236-1UA-OBCUSTOMSK2731UMETRON/AN/AN/AN/AN/AN/AXN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AXN/AXXXXXXXXXXXXXXXX-XXXXXXXXXXXXXXXXXXXXXXXX--X-XXXXX-X -X -X -X -X -X -X -X -X -X -X -X -X -X -X -X -- -X -X -X -X -X -X -X -X -X -X -X -X -X-X -X -X -X -X -X -X -X -X -X -X -X -X -X -- X- X- XX --X -X -X -X -X -X -X -X -X -X -X -X -X -X -X -X -X -X -- XX -X -X -X -- X- X- X- X-- X- X- X- X- X- X- X- X--- X-- X- X- X- -- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X- X--XX--XXXXXXXX-XX-----TEA DISPENSER-----------------------------XX-----------------------REFER PLUMBING DRAWINGS FOR SPECIFICATIONSEQUIP. LEGEND & AREA OF RESPONSIBILITYREMARKSTOLIET PARTITIONSCUSTOMQUANTITY: 02 / NOT INDICATED ON PLANSTEAM TABLE PAN RACK & COVER 1509/PRC 12 X X - X -X-X --S.S. WORK TABLE 30"W. x 26"D X 30" H CUSTOM X X - - X-WITH UNDERSHELFX - X - XXBRADLEY 500 SERIES FLOOR MOUNTED PLASTIC LAMINATE (OR EQ.) WILSON ART: D331-60 SAND W/ MATT FINISH80,000 BTU, 40-50 LBS (OIL CAPACITY) / WITH 6" CASTORS SOLSTICE SUPREME GAS FRYERSSH55 X X - - X-VERTICAL GRAB BARB-6106 N/A -XX-26B ACCESSIBLE 30" x 42" TABLE & BASE CUSTOM N/A X - - X-120 VOLTS, 60HZ, 25-125 PSIVARIETY MODEL-X XXWITH (2) 18" DRAIN BOARDS, (2) 8" SIDE SPLASHES. X700-RWVERIFY W/ LOCAL JURISDICTIONS FOR DRAIN BOARD & BOWL SIZE.VERIFY W/ LOCAL JURISDICTIONS FOR DRAIN BOARD & BOWL SIZE.-59B HAND SANITIZER DISPENSERS4025 N/A X - - X-REF. TO HOOD DRAWINGS FIRE SUPPRESSION PERMITTED/ INSTALLED BY CAPTIVE AIRECUSTOMHOOD FIRE ANSUL SUPPRESSION SYSTEM115 VOLTS, 20 AMPS / GROUNDED DUPLEX OUTLETFREESTYLE DISPENSERCOCA COLA X X - X -XCUSTOM X X - - X--CUSTOM84PROVIDED AND INSTALLED BY THE SIGN VENDOR.XXX7. THE CONTRACTOR SHALL COORDINATE AND SCHEDULE THE DELIVERY OF ALL KITCHEN EQUIPMENT WITH THE EQUIPMENTVENDOR.8. THE CONTRACTOR SHALL MAKE ALL FINAL ELECTRICAL CONNECTIONS REQUIRED FOR THE OWNER PROVIDED SIGNAGE.9. ALL SPECIFIED REFRIGERATION UNITS SHALL BE SELF-CONTAINED AND SELF EVAPORATING.10. NO GREASE LADEN FOODS SHALL BE PREPARED IN THE CONVECTION OVEN (ITEM #87), IT IS USED FOR BAKING ROLLS ONLY.11. CONTACT SMARTRACK 9U WALL-MOUNT RACK SUPPLIER FOR ADDITIONAL INFORMATION: CHRIS IANNUZZI OF IT SAVVY (630)396-6315X-- - - - --1" DIA. X 10" LONG PRETHREADED GALV. METAL PIPE, W/ 1" CAP AND 1" FLANGEPAPER TOWEL HOLDERCUSTOM X X -X--14A ICE MACH. FILTERX X - - XXCUSTOMSUPPLIED BY EQUIPMENT VENDOR34APROVIDED BY COCA COLAFREESTYLE DISPENSER FILTERCOCA COLA X XX-TO-GO SHELFCUSTOM N/A X - - X-PROVIDED OWNER AND INSTALLED BY CONTRACTORBEVERAGE / CONDIMENTS COUNTER CUSTOM N/A X - - X-PROVIDED OWNER AND INSTALLED BY CONTRACTORPOS COUNTERCUSTOM N/A X - - X-PROVIDED OWNER AND INSTALLED BY CONTRACTORCUSTOM X X - - X-STAINLESS STEEL FLEX HOSE --80A 24" OFFICE BAR STOOL4202P N/A X - - X--80B 30" BAR STOOL5305P N/A X - - X-CUSTOM X X - - X--WALL MOUNTED MIXING FAUCET208V, 14 AMPS / NEMA 6-15P CORDSET FITTED / NOTE 10CONVECTION OVENE31D4 X X - - X-REACH-IN FREEZERHFI X X - - X-PROVIDED BY CHEESE DISPENSER COMPANY 97 NACHO CHEESE DISPENSER N/A X - X --GEHLSSTOREFRONT VINYL GRAPHICSCUSTOM N/A X - X -X-PROVIDED BY SIGN VENDOR AND INSTALLED BY THE CONTRACTORMENU BOARDCUSTOM N/A X - - X-PROVIDED AND INSTALLED BY THE SIGN VENDOR.LED SIGNAGE "WING EXPERTS"CUSTOM N/A X - X -X9899STAINLESS STEEL CORNER GUARDN/AX-X--STAINLESS STEEL END CAPN/A- X-- X--X -NOTE 2"ORDER AHEAD" SIGNCUSTOM N/A X - X -X-PASS-THRU COUNTERCUSTOM - X - - X-COORDINATE WITH EQUIPMENT MANUFACTURERX --MANAGER'S DESKCUSTOM X XXBABY CHANGING STATIONKB200N/A- X-- X-FF1836G 4 TIERS HIGH, FG063G POSTS100 FREEZER SHELVINGEG01.00 X X - - X--S.S. CUP HOLDERC2410C/C2410SM X X - - X-585115157813776778448792727272726A2727272726A27 27 25 2727272726BACCESSIBLE1836-53980B80B80B 80B80B80BACCESSIBLESEATING102ORDER101SALES104UNISEX110HALLWAY103JANITOR107PREP106FREEZER109COOLER108COOKING105EQ1.0ARMET DAVIS NEWLOVE &ASSOCIATES, AIA ARCHITECTS1330 OLYMPIC BLVD.SANTA MONICA, CALIFORNIA 90404PH 310 452-5533 FAX 310 450-47421-29 This page left blank intentionally. 1-30 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 6 LS 3.11.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-07 AS CONDITIONED, TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION AT CULICHI TOWN RESTAURANT LOCATED AT 2158 SOUTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Edgar Ascencio (“Applicant”) representing Culichi Town restaurant, is requesting approval of Conditional Use Permit No. 2019-07 to allow the sale of alcoholic beverages for on-premises consumption (Type 47 – General Alcohol) for the property located at 2158 South Bristol Street. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- premises consumption. C. On March 11, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2019-07. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-638, have been established for Conditional Use Permit No. 2019-07 to allow the sale of alcoholic beverages for on-premises consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase beer, wine and distilled spirits with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by 2-9 Resolution No. 2019-xx Page 2 of 6 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. Culichi Town restaurant will be 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. The subject site is not located within immediate proximity to parks, playgrounds, schools, or religious institutions. 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 Culichi Town restaurant to remain economically viable and compete with nearby full-service restaurants in the local vicinity and contribute to the overall success of the City of Santa Ana, attracting visitors and residents to the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on- premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full-service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5) percent of the gross floor area for display and storage of alcoholic beverages, which is the 2-10 Resolution No. 2019-xx Page 3 of 6 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 or any specific 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. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Culichi Town restaurant is located within an integrated commercial shopping center and its operation is compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on-premises sale of alcoholic beverages at a full-service restaurant and minor interior tenant improvements. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. 2-11 Resolution No. 2019-xx Page 4 of 6 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-07 as conditioned in Exhibit A, attached hereto and incorporated herein, for the alcoholic beverage control license for the sale of alcohol for on-premises consumption for the project located at 2158 South Bristol Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 11, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 11th day of March, 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 March 11, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 2-12 Resolution No. 2019-xx Page 5 of 6 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-07 Conditional Use Permit No. 2019-07 for on-premises alcohol sales 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. 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. 2. To comply with Sec. 41-196.5 of the SAMC and Chapter 11 of the same, the tenant shall at all times have a current and approved Entertainment Permit on file with the City of Santa Ana. 3. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance with 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-47 alcohol license by the State Alcohol Beverage Control Board (ABC). 4. The sales, service, and consumption of alcoholic beverages shall be limited from 10:30 a.m. to 12:00 a.m. Monday through Sunday. 5. Prior to the issuance of the alcoholic beverage license, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: 2-13 Resolution No. 2019-xx Page 6 of 6 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the 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. 2-14 EXHIBIT 2 2-15 This page left blank intentionally. 2-16 2/20/2019 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP NO. 2018-07, CULICHI TOWN RESTAURANT ABC2158 SOUTH BRISTOL STREET EXHIBIT 2 - VICINITY ZONING AND AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Zoning Labels: Zoning 250 feet 2-17 This page left blank intentionally. 2-18 EXHIBIT 3 2-19 This page left blank intentionally. 2-20 CUP No. 2019-07 CULICHI TOWN RESTAURANT TYPE 47 ABC 2158 SOUTH BRISTOL STREET SITE PHOTO EXHIBIT NO. 3 2-21 This page left blank intentionally. 2-22 EXHIBIT 4 2-23 This page left blank intentionally. 2-24 CUP No. 2019-07 CULICHI TOWN RESTAURANT TYPE 47 ABC 2158 SOUTH BRISTOL STREET SITE PLAN EXHIBIT NO. 4 2-25 This page left blank intentionally. 2-26 EXHIBIT 5 2-27 This page left blank intentionally. 2-28 CUP No. 2019-07 CULICHI TOWN RESTAURANT TYPE 47 ABC 2158 SOUTH BRISTOL STREET FLOOR PLAN EXHIBIT NO. 5 2-29 This page left blank intentionally. 2-30 3-1 3-2 3-3 3-4 EXHIBIT 1 3-5 This page left blank intentionally. 3-6 Resolution No. 2019-xx Page 1 of 6 LS 3.11.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-08 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION AT AYCE SUSHI LOCATED AT 3392 SOUTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Greg Fick with Taite and Associates (“Applicant”) representing AYCE Sushi restaurant, is requesting approval of Conditional Use Permit No. 2019-08 to allow the sale of alcoholic beverages for on-premises consumption (Type 41 – beer and wine) for the property located at 3392 South Bristol Street. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- premises consumption. C. On March 11, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2019-08. 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. 2019-08 to allow the sale of alcoholic beverages for on-premises consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase beer and wine with their meal. This will thereby benefit the community by providing a restaurant with an additional and complementary food related amenity. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 3-7 Resolution No. 2019-xx Page 2 of 6 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. AYCE Sushi will be 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 will be incidental to the primary use as a bona fide 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 AYCE Sushi 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, attracting visitors and residents to the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed conditional use permit will be in compliance with all applicable regulations and operational standards imposed on a restaurant selling alcoholic beverages for on- premises consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a full-service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Additionally, the restaurant will utilize less than five (5) percent of the gross floor area for display and storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not 3-8 Resolution No. 2019-xx Page 3 of 6 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 or any specific 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. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. AYCE Sushi is located within an integrated commercial shopping center and its operation is compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on-premises sale of alcoholic beverages at a full-service restaurant and minor interior tenant improvements. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-08 as conditioned in Exhibit A, attached hereto and incorporated herein, for the alcoholic beverage control license for the sale of alcohol for on-premises consumption for the project located at 3-9 Resolution No. 2019-xx Page 4 of 6 3392 South Bristol Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 11, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 11th day of March, 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 March 11, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 3-10 Resolution No. 2019-xx Page 5 of 6 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-08 Conditional Use Permit No. 2019-08 for on-premises alcohol sales 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. 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. 2. To comply with Sec. 41-196.5 of the SAMC and Chapter 11 of the same, the tenant shall at all times have a current and approved Entertainment Permit on file with the City of Santa Ana. 3. The sales, service, and consumption of alcoholic beverages shall be permitted in accordance with 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). 4. The sales, service, and consumption of alcoholic beverages shall be limited from 10:30 a.m. to 12:00 a.m. Monday through Sunday. 5. Prior to the issuance of the alcoholic beverage license, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably 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 3-11 Resolution No. 2019-xx Page 6 of 6 construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the 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. 3-12 EXHIBIT 2 3-13 This page left blank intentionally. 3-14 2/14/2019 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 AYCE SUSHI, CUP NO. 2019-083392 SOUTH BRISTOL STREET EXHIBIT 2 - VICINITY ZONING AND AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 313 feet 3-15 This page left blank intentionally. 3-16 EXHIBIT 3 3-17 This page left blank intentionally. 3-18 CUP No. 2019-08 AYCE SUSHI TYPE 41 ABC 3392 SOUTH BRISTOL STREET SITE PHOTO EXHIBIT NO. 3 3-19 This page left blank intentionally. 3-20 EXHIBIT 4 3-21 This page left blank intentionally. 3-22 CUP No. 2019-08 AYCE SUSHI TYPE 41 ABC 3392 SOUTH BRISTOL STREET SITE PLAN EXHIBIT NO. 4 3-23 This page left blank intentionally. 3-24 EXHIBIT 5 3-25 This page left blank intentionally. 3-26 CUP No. 2019-08 AYCE SUSHI TYPE 41 ABC 3392 SOUTH BRISTOL STREET FLOOR PLAN EXHIBIT NO. 5 3-27 This page left blank intentionally. 3-28