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HomeMy WebLinkAbout10-14-19_AGENDA PACKETPLANNING COMMISSION AGENDA October 14, 2019 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA OCTOBER 14, 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 VACANT Ward 1 Representative FELIX RIVERA Ward 2 Representative KENNETH NGUYEN Ward 3 Representative VACANT 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. Written Comments: If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org before 1:00 p.m. the day of the meeting; emails received after said time may not be distributed to the Commission but will be on file for public viewing the day after the meeting. Special Assistance: If you need special assistance to participate in this 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]. Translation Services: For translation services in other languages, contact Sarah Bernal at 714-667-2732 no later than 48 hours prior to the scheduled meeting. Lisa E. Storck Legal Counsel Vince Fregoso, AICP Interim Planning Manager Sarah Bernal Recording Secretary PLANNING COMMISSION AGENDA October 14, 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 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 at least 72 hours prior the meeting on the City’s website at www.santa-ana.org/cc/city-meetings, and on the posting boards outside the Civic Center entrance, Council Chamber, and Library. The items on the agenda are arranged in four categories: 1. 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 typically no Commission discussion of consent calendar items unless requested. 2. 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. 3. 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. 4. Work Study Session: Items in this category are generally items requiring discussion. No action will be taken. Public Hearing Procedure: The Planning Commission will follow the following procedure for all items listed as public hearing items: 1. The Chair will ask for presentation of the staff report; 2. The Commission will have the opportunity to question staff in order to clarify any specific points; 3. The public hearing will be opened; 4. The applicant/ project representative will be allowed to make a presentation, for a maximum of 15 minutes. 5. Members of the audience will be allowed to speak, for a maximum of 3 minutes per speaker. 6. The applicant will be given an opportunity to respond to comments made by the audience; 7. The public hearing will be closed; and 8. Discussion of the proposal will return to the Commission with formal action taken to approve, conditionally approve, deny, or continue review of the application. 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 regarding Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final and 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 may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission’s action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you 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 Planning Commission or City Council at or before the hearing. Submittal of information for dissemination or presentation 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. 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. 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. 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 Agenda 2 October 14, 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. Members of the public will be allotted three minutes to speak. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A-B. A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 23, 2019 RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * * CONSENT CALENDAR Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. Planning Commission Agenda 3 October 14, 2019 BUSINESS CALENDAR Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. PUBLIC HEARING APPEAL OF PLANNING COMMISSION ACTIONS: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. NOTICE: Legal notice for Public Hearing was published in the Orange County Reporter on October 4, 2019 and notice mailed and posted on said date. 1. CONDITIONAL USE PERMIT NO. 2019-03 {STRATEGIC PLAN NO. 3, 2} — Case Planner, Jerry Guevara LOCATION: 1211 South Main Street in the Commercial South Main (CSM) zone. REQUEST: The applicant, Verizon Wireless, is requesting approval of Conditional Use Permit No. 2019-03 to renew the entitlements of an existing 60-foot tall major wireless communications facility disguised as a mono-palm. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301 – Existing Facilities. RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-03 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1211 SOUTH MAIN STREET 2. CONDITIONAL USE PERMIT NO. 2019-10 AND CONDITIONAL USE PERMIT NO. 2019-11 — Case Planner, Vince Fregoso LOCATION: 1801 South Main Street, Units D and E, located in the South Main Commercial District (C-SM) zone. REQUEST: The applicant, Mariscos Hector #1, is requesting approval of two conditional use permits to allow (1) an existing Type 41 (On Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) license for the sale of beer and wine for on-premise consumption in Unit E to be upgraded to a Type 47 (On Sale General – Eating Place) ABC for the sale of beer, wine and distilled spirits for on-premise consumption in Units D and E, and (2) after-hours operation until 2:00 a.m. Planning Commission Agenda 4 October 14, 2019 WORK STUDY SESSION No action will be taken on Work Study Session items. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. Members of the public will be allotted three minutes to speak, unless additional time is granted by the Chairperson. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b) (3) – General Rule. RECOMMENDED ACTIONS: a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-10 AS CONDITIONED TO ALLOW THE SALE OF DISTILLED SPIRITS FOR ON- PREMISES CONSUMPTION AT MARISCOS HECTOR #1 RESTAURANT LOCATED AT 1801 SOUTH MAIN STREET, UNITS D AND E; and b) Continue consideration of Conditional Use Permit No. 2019-11 (after-hours) until April 27, 2020. * * * END OF BUSINESS CALENDAR * * * 3. REVIEW AND DISCUSS THE PROPOSED MIXED-USE DEVELOPMENT PROJECT LOCATED AT 114 AND 117 EAST FIFTH STREET – Ali Pezeshkpour, Case Planner COMMENTS 4. STAFF COMMENTS 5. COMMISSION MEMBER COMMENTS ADJOURNMENT – The next regular meeting will be held on Monday, October 28, 2019 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • Multi-family development project located at 2525 N. Main Street • Mixed-use development project located at 114 and 117 E. Fifth Street This page left blank intentionally. ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 23, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:36 P.M. ATTENDANCE COMMISSIONERS Present: ANGIE CANO CYNTHIA CONTRERAS-LEO, Vice Chair MARK MCLOUGHLIN, Chair KENNETH NGUYEN (left at 7:01 p.m. and did not return) FELIX RIVERA COMMISSIONERS Absent: None. PLANNING & BUILDING AGENCY STAFF Present: VINCE FREGOSO, Interim 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 SEPTEMBER 9, 2019 MOTION: Approve Minutes. MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * * * END OF CONSENT CALENDAR * ** A-1 BUSINESS CALENDAR ITEMS PUBLIC HEARING 1. CONDITIONAL USE PERMIT NO. 2019-01 AND MINOR EXCEPTION NO. 2019-01 {STRATEGIC PLAN NO. 3, 2} — Case Planner, Selena Kelaher LOCATION: Archangel Michael Coptic Orthodox Church, 4405 West Edinger Avenue in the Single-Family Residential (R-1) zone. REQUEST: The applicant is requesting approval of (1) a conditional use permit to expand the existing parking lot, add additional seating within the existing facility, and demolish five single-family dwellings to construct a new two-story 9,998 sq. ft. community service building, and (2) a minor exception to allow the height of the new two-story community service building to exceed the maximum building height standard. Staff requested that matter be continued to a date uncertain to allow the applicant the opportunity to develop a detailed parking management plan. MOTION: Continue the matter to a future date. MOTION: Nguyen SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. CONDITIONAL USE PERMIT NO. 2019-26, CONDITIONAL USE PERMIT NO. 2019-27, AND CONDITIONAL USE PERMIT NO. 2019-28 {STRATEGIC PLAN NO. 3, 2} — Case Planner, Ivan Orozco LOCATION: 501 N. French Street in the Transit Zoning Code (Specific Development No. 84), Downtown sub-zone. REQUEST: The applicant, Noble Ale Works, is requesting approval of three conditional use permits to allow (1) a Type 41 (On Sale Beer & Wine – Eating Place) Alcoholic Beverage Control (ABC) license for the sale of beer and wine for on-premises consumption, (2) an artisan/craft product manufacturing brewery, and (3) after-hours operation until 1:00 am on Friday and Saturday. Chair McLoughlin and Commissioners Nguyen and Rivera disclosed they were contacted by the applicant regarding the project. A-2 Case Planner Orozco provided a staff presentation. Commission expressed concern regarding Condition No. 4 which imposed reduced hours of operation for the outdoor dining area. The following individuals submitted written comments by the established deadline. First Name Last Name Organization Favor Oppose General Donna Duffy X Kim Tapfer Miller-Burg-duPont, Inc. X Ted Tapfer Miller-Burg-duPont, Inc. X Lisandro Orozco X Mimi Mar Pizza Press X John Gothold X Allen Moon X Jack Jakosky Empire Broadway LLC X Ramona Building LLC Santora Group LLC Q Creative LLC Teresa Saldivar Teresa’s Jewelers X TOTAL 9 0 0 Chair McLoughlin opened the Public Hearing. The following individual spoke on the matter. • The applicant, Steven Miles, spoke in support of the matter. Requested the outdoor dining hours be extended. There were no other speakers and the hearing was closed. Commissioner Cano motioned to adopt the resolution as recommended by staff. Commissioner Rivera made a friendly amendment to modify Condition No. 4 to extend the outdoor dining area hours until 11:00 p.m., Monday through Sunday, with a six-month review to determine if the hours shall be modified. Commissioner Cano accepted the friendly amendment. MOTION: a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-26 AS CONDITIONED FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2019-27 TO ALLOW AN ARTISAN/CRAFT PRODUCT MANUFACTURING USE FOR NOBLE ALE WORKS RESTAURANT AND BREWERY LOCATED AT 501 NORTH FRENCH STREET; and b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-28 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION FOR NOBLE ALE WORKS BREWERY AND RESTAURANT LOCATED AT 501 NORTH FRENCH STREET with the A-3 following modification to Condition No. 4: Use of the outdoor dining area located at the rear of the building and on the roof deck will be limited to 9:00 p.m. 11:00 p.m. Monday through Sunday, with a six-month review to determine if the hours shall be modified. MOTION: Cano SECOND: Nguyen VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 3. CONDITIONAL USE PERMIT NO. 2019-18 {STRATEGIC PLAN NO. 3,2} — Case Planner, Jerry Guevara LOCATION: 923 North Santiago Street, Unit C, Specific Development No. 84 (SD-84)/ Transit Zoning Code, Urban Neighborhood 2 (UN-2) subzone. REQUEST: The applicant, Depot at Santiago, L.P., is requesting approval of a conditional use permit to allow the conversion of an existing communal apartment laundry room into a publicly accessible laundromat which will operate seven days a week from 7:00 a.m. to 10:00 p.m. Chair McLoughlin and Commissioners Cano, Nguyen and Rivera disclosed that they were contacted by the applicant regarding the project. Case Planner Guevara provided a staff presentation. Commission discussion ensued regarding the conditions of approval and concern was expressed regarding the hours of operation for residents. The following individuals submitted written comments by the established deadline. First Name Last Name Organization Favor Oppose General Ray N/a X Nathan Ogilvie X Diana Hoff X TOTAL 0 3 0 Chair McLoughlin opened the Public Hearing. The following individuals spoke on the matter. • The applicant, Barry Cottle, spoke in support of the matter. Offered additional hours exclusively for residents. There were no other speakers and the Public Hearing was closed. A-4 MOTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-18 AS CONDITIONED TO ESTABLISH A COMMERCIAL LAUNDROMAT FACILITY AT THE PROPERTY LOCATED AT 923 NORTH SANTIAGO STREET, UNIT C with the following modification: Hours of operation of the laundromat for non-residents of the apartment complex shall be restricted to 7:00 a.m. to 10:00 p.m. Sundays to Fridays from 9:00 a.m. to 8:00 p.m. and Saturdays from 12:00 p.m. to 10:00 p.m. MOTION: Cano SECOND: Nguyen VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 4. SITE PLAN REVIEW NO, 2019-01 AND DENSITY BONUS AGREEMENT NO. 2019-01 {STRATEGIC PLAN NO. 3,2; 5,3} — Case Planner, Vince Fregoso Location: 114 East Fifth Street and 117 East Fifth Street in the Transit Zoning Code (Specific Development No. 84), Downtown sub-zone. Request: The applicant, Toll Brothers Apartment Living, is requesting (1) approval and adoption of an addendum to the Environment Impact Report (EIR) for the Transit Zoning Code Project (SCH NO. 2006071100) and re-adoption of a mitigation monitoring and reporting program, (2) approval of a site plan review, and (3) approval of a density bonus agreement in order to facilitate the construction a mixed-use development project consisting of 220 rental units and 12,350 square feet of commercial space on a total of 2.78 acres. Chair McLoughlin, Vice-Chair Contreras-Leo, and Commissioners Nguyen and Rivera disclosed that they were contacted by the applicant regarding the project. Case Planner Fregoso provided a staff presentation. Commission discussion ensued regarding community outreach, historic preservation measures, conditions of approval, parking, unit-type, and amenities. The following submitted written comments by the established deadline. First Name Last Name Organization / Business Favor Oppose General Steve LaMotte Building Industry Association of Southern California X Tish Leon Downtown Neighborhood Association X Evan Miles X Kim Tapfer Miller-Burg-duPont, Inc. X A-5 First Name Last Name Organization / Business Favor Oppose General Ted Tapfer Miller-Burg-duPont, Inc. X Estetica Guadalajara X Aries Beauty Salon X Nuevo Guadalajara Beauty Salon X Al’s Shop X Mega Ind. Group X Genesis Bridal X Jessica’s Bridal X Alejandra Bridal Shop X Raul Yanez Mi Moda X JR Beauty Gurus X Zapateria Mexico X Lab Cazuelas X Chevitas Juice and Vego X Servicentro X Stussy Archive X Kasandra’s Bridal X Pizza Press X La Michocana Express X Coffee Muse X Cali Curves X Nino’s Bridal X CA Trade Alliance X El Rincon Mexicano X Mega Furniture X Tish Leon Downtown Neighborhood Association X Brandon Fender The Good Beer Company X Paul Julian The Artist Village Apartments X Teresa Saldivar Teresa’s Jewelers X Rick Older X Tina Davidson Santa Ana Historical Preservation Society X Mimi Mar The Pizza Press X Susan Deering X Julie Humphreys X Nathan/ Roberta Reed X Ryan Chase X Kathryn Hanson Orange County Preserve X Connie Major X A-6 First Name Last Name Organization / Business Favor Oppose General Jeff Dickman X Allison Young X Rhonda McNutt X Jean Willis X John Gothold X Ginelle Hardy X Tom Lutz X Sylvia Salenius X Donna Duffy Phillips Hutton Partners, LLC and Truth and Advertising X Jean Poppa X Jacqueline Caro X ` Alan Lawson Santa Ana Historical Preservation Society X Allen Moon X Alberta Christy X Jack Jakosky Empire Broadway LLC X Ramona Building LLC Santora Group LLC Q Creative LLC Business located at 208 E. 4th Street X Western Union and Vigo X Revolution Beauty Salon X Chevitas X Dolex Dollar Express X Angers X Jacebo Video X Taquerias Guadalajara X Business located at 305-103 E. 4th Street X Unlisted X TOTAL 48 19 0 The following submitted written comment after the established deadline; comment was not distributed to the Commission. First Name Last Name Organization/Business Favor Oppose General Louis Hoffman Santa Ana Historical Preservation Soceity X TOTAL 0 1 0 A-7 The following submitted written comment during the meeting. First Name Last Name Organization/Business Favor Oppose General Tim Rush X TOTAL 0 1 0 Chair McLoughlin opened the Public Hearing. The applicant, Michael McCann, spoke in support of the project and provided a video presentation. Commission inquired about measures that will be taken to preserve/document any historic remnants discovered during the demolition phase, and also inquired about the number of affordable units. The following individuals spoke in support the matter. Those in support of the matter posited that the building is unsalvageable and has been vacant for years. The project will revitalize the surrounding area. • Kim Tapfer • John Gothold • Brian Boyes The following individuals spoke in opposition to the matter. Those in opposition posited that that site is historic and should be preserved. The EIR addendum is insufficient as it does not consider this building. • Tim Rush • Allen Hess • Alison Young (yielded time to Allen Hess) • Jeff Dickman (yielded time to Allen Hess) • Tina Davidson (yielded time to Allen Hess) • Rich Gomez • Ricki Older • Ed Murashie The following individual was neutral to the matter. • Paul Berry The applicant and representatives were provided the opportunity to respond to the comments regarding the building. They indicated the building was evaluated by an architectural historian and it was found to be historically insignificant; the evaluation supports the addendum. There were no other speakers and the Public Hearing was closed. Discussion ensued regarding the possibility of removing the outer layer of the façade before demolition to determine if the original historic structure is still intact. Commission generally agreed that the developer should work with the Historic Preservation Society to find an agreeable method for preserving any potential historic remnants. Commission requested a work study be held to obtain more information on potential methods for preserving the building, parking, the density bonus agreement, and amenities. The applicant agreed. A-8 MOTION: Hold a Work Study Session on October 14, 2019 and continue consideration of the matter until October 28, 2019. MOTION: McLoughlin SECOND: Rivera VOTE: AYES: Cano, Contreras-Leo, McLoughlin, Rivera (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Nguyen (1) *Commissioner Nguyen left the meeting at 7:01 p.m. and did not return. ***END OF BUSINESS CALENDAR * * * Recessed at 7:56 p.m.; reconvened at 8:01 p.m. COMMENTS 5. STAFF COMMENTS – None. 6. COMMISSION MEMBER COMMENTS Vice Chair Contreras-Leo • Thanked staff. • Requested the Cultural Resources Report for item no. 4 be provided. o Staff indicated the report was included as an exhibit in the packet. Chair McLoughlin • Requested that a list of the concerns expressed regarding item no. 4 be sent to prepare for the Work Study 8:06 P.M. ADJOURNMENT –The next regular meeting will be held on October 14, 2019 at 5:30 p.m.in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-9 This page left blank intentionally. A-10 1 - 1 1 - 2 1 - 3 1 - 4 EXHIBIT 1 1 - 5 This page left blank intentionally. 1 - 6 Resolution No. 2019-xx Page 1 of 5 LS 10.14.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-03 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 1211 SOUTH MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Emanuel Higgins with Tectonic Engineering, representing Verizon Wireless (“Applicant”), is requesting approval of Conditional Use Permit (“CUP”) No. 2019-03 to renew the entitlements of an existing 60-foot tall major wireless communications facility disguised as a mono-palm located at 1211 South Main Street. B. On August 28, 2000, the Planning Commission approved Conditional Use Permit No. 1999-23 allowing the construction of the subject major wireless communications facility. C. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-198.10, a Conditional Use Permit is required for major wireless communications facilities established in the City of Santa Ana. D. In addition, SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed ten (10) years. E. As the current facility has reached its 10-year term, the Applicant is required to apply for a new CUP in order to maintain the entitlements for the current facility. F. On October 14, 2019, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2019-03. G. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to SAMC Section 41-638, have been established for Conditional Use Permit No. 2019-03 to renew the entitlements of an existing 60-foot tall major wireless communication facility: 1 - 7 Resolution No. 2019-xx Page 2 of 5 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The major wireless communication facility will continue to provide a service to Santa Ana residents, businesses and motorists who subscribe to cellular services by providing cellular service and data coverage for its users within the vicinity. The issuance of a new conditional use permit will allow the provider to continue to provide a service to the surrounding community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The issuance of a new conditional use permit to maintain a wireless facility at this location will not be detrimental to persons residing or working in the area as the facility will remain in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The facility is compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the facility’s location at the rear of the site will maintain and increase the economic stability for this area by providing an additional service for business owners, workers, and residents in the area. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to comply with all provisions pertaining to the continuation of existing wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility will continue to be stealthed by its design and surrounding landscape and will comply with other standards outlined in the SAMC. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The major wireless communication facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use 1 - 8 Resolution No. 2019-xx Page 3 of 5 Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the facility. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments’ impacts. The mono- palm location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2.2 encourages land uses that accommodate the City’s needs for services. Maintaining a cell phone provider’s coverage in the area adds to the services that are readily available for business owners, workers, visitors and residents in the immediate vicinity. Section 2. In accordance with the California Environmental Quality Act (CEQA), the project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines, Existing Facilities. This exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project consists of the renewal of a permit and minor alterations to the existing wireless communications facility. Categorical Exemption Environmental Review No. 2019-02 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. 1 - 9 Resolution No. 2019-xx Page 4 of 5 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-03, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 14, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of October, 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 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 October 14, 2019. Date: ________________ ____________________________________ Recording Secretary 1 - 10 Resolution No. 2019-xx Page 5 of 5 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-03 Conditional Use Permit No. 2019-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP No. 2019-02). 2. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be enhanced and well maintained. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. 3. The Applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 4. The Applicant will provide a “single point of contact” in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City’s designated representative after approval of the new CUP. 5. The Applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit Applicant to comply. 6. The major wireless facility shall be subject to any applicable California Building Code or federal requirements for seismic safety, retrofit, and/or upgrades as deemed necessary by the Building Division. 7. Conditional Use Permit No. 2019-03 expires 10 years from the date of Planning Commission approval. 1 - 11 This page left blank intentionally. 1 - 12 EXHIBIT 2 1 - 13 This page left blank intentionally. 1 - 14 CUP No. 2019-031211 South Main Street Exhibit 2 - Vicinity Zoning & Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 1 - 15 This page left blank intentionally. 1 - 16 EXHIBIT 3 1 - 17 This page left blank intentionally. 1 - 18 CUP No. 2019-03 1211 South Main Street Exhibit 3 – Site Photo 1 - 19 This page left blank intentionally. 1 - 20 EXHIBIT 4 1 - 21 This page left blank intentionally. 1 - 22 OLD MCFADDEN AVENUESOUTH MAIN STREETWEST RUSSELL AVENUE···1 - 23 This page left blank intentionally. 1 - 24 EXHIBIT 5 1 - 25 This page left blank intentionally. 1 - 26 1 - 27 1 - 28 EXHIBIT 6 1 - 29 This page left blank intentionally. 1 - 30 1211 South Main Street, Santa Ana, CA 92707 McFadden 07.30.2019 Your Project. Visualized. www.photosims.com Photo simulation as seen looking north from Main Street proposed Verizon antennas and monopalm to be modified proposed Verizon antenna and monopalm modification 1 - 31 1211 South Main Street, Santa Ana, CA 92707 McFadden 07.30.2019 Your Project. Visualized. www.photosims.com Photo simulation as seen looking west from Cypress Avenue proposed Verizon antennas and monopalm to be modified proposed Verizon antenna and monopalm modification 1 - 32 1211 South Main Street, Santa Ana, CA 92707 McFadden 07.30.2019 Your Project. Visualized. www.photosims.com Photo simulation as seen looking south from Main Street proposed Verizon antennas and monopalm to be modified proposed Verizon antenna and monopalm modification 1 - 33 1211 South Main Street, Santa Ana, CA 92707 McFadden 07.30.2019 Your Project. Visualized. www.photosims.com Photo simulation as seen looking east from Main Street proposed Verizon antennas and monopalm to be modified proposed Verizon antenna and monopalm modification 1 - 34 2-1 2-2 2-3 2-4 2-5 2-6 2-7 This page left blank intentionally. 2-8 EXHIBIT 1 2-9 This page left blank intentionally. 2-10 Resolution No. 2019-xx Page 1 of 7 LS 10.14.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-10 AS CONDITIONED TO ALLOW THE SALE OF DISTILLED SPIRITS FOR ON-PREMISES CONSUMPTION AT MARISCOS HECTOR #1 RESTAURANT LOCATED AT 1801 SOUTH MAIN STREET, UNITS D AND E 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. Mark Gaughan (“Applicant”), representing Mariscos Hector #1, is requesting approval of Conditional Use Permit No. 2019-10 to allow the sale of distilled spirits in addition to the currently allowed beer and wine sales for on premises consumption for the property located at 1801 South Main Street, Unit E. Applicant is proposing to expand into an adjacent tenant space, Unit D, and is requesting approval to sell alcoholic beverages within the additional floor area. B. In 1988, Land Use Certificate No. 1988-15 was transferred from Señor Pollo to Mariscos Hector restaurant to allow for the sale of beer and wine for on-premises consumption. C. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments selling alcoholic beverages for on- or off-premise consumption. D. On April 22, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-10. At the conclusion of this hearing, the Commission continued the item to allow staff, the Applicant, and the interested neighborhood groups the ability to address potential impacts from the restaurant. E. On October 14, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-10. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-638, have been established for Conditional Use Permit No. 2019-10 to allow the sale of distilled spirits for on-premises consumption at Mariscos Hector #1 at 1801 South Main Street, Units D and E: 2-11 Resolution No. 2019-xx Page 2 of 7 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 alcohol 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. 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. Mariscos Hector #1 is a bona-fide restaurant and the addition of alcohol will be ancillary to the main use. All of the operational standards identified in SAMC Sec. 41-196 will apply to this establishment. Finally, the sale of alcohol in the restaurant 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 Mariscos Hector #1 to remain economically viable and competitive 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. 2-12 Resolution No. 2019-xx Page 3 of 7 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 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. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Further, 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. Mariscos Hector #1 is located within a 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 2-13 Resolution No. 2019-xx Page 4 of 7 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 shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-10 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 1801 South Main Street, Units D and E. 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 October 14, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 14th day of October, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: 2-14 Resolution No. 2019-xx Page 5 of 7 _______________________ 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 October 14, 2019. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 2-15 Resolution No. 2019-xx Page 6 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-10 Conditional Use Permit No. 2019-10 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 (SAMC), 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-47 alcohol license by the State Alcohol Beverage Control Board (ABC). 2. Prior to release of the ABC license, the window tinting shall be removed to be in compliance with the Municipal Code. 3. Prior to release of the ABC license, a new entertainment permit shall be applied for and be approved. 4. If off-site parking is proposed, the lot shall comply with the City’s Building Security Ordinance (i.e. parking lot lighting). 5. Prior to release of the ABC 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 construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); 2-16 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 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. 2-17 This page left blank intentionally. 2-18 EXHIBIT 2 2-19 This page left blank intentionally. 2-20 4/10/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 Conditional Use Permit Nos. 2019-10 and 2019-11,, Mariscos Hector #11801 South Main Street, Units D and E Exhibit 2 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2-21 This page left blank intentionally. EXHIBIT 3 2-22 This page left blank intentionally. 2-23 SHEET INDEXA-1.1 SITE PLAN / PROJECT DATAA-2.1 EXISTING FLOOR PLANA-2.2 PROPOSED FLOOR PLAN & FIRE AUTHORITY NOTESA-2.3 REFLECTED CEILING PLAN & FIRE RATED WALL DETAILADA-1 ACCESSIBLE HANDICAP DETAILSADA-2 ACCESSIBLE HANDICAP DETAILSS1.0 STRUCTURAL GENERAL NOTESS1.1 STRUCTURAL PLANS & CROSS SECTIONS1.2 CONSTRUCTION DETAILSALL WORK, CONSTRUCTION AND MATERIALS SHALL COMPLY WITH ALL PROVISION OFTHE APPLICABLE BUILDING CODES AS WELL AS ANY OTHER RULES, REGULATIONS, ANDORDINANCES GOVERNING THE PLACE OF CONSTRUCTION. IT IS THE SOLE RESPONSIBILITYOF ANYONE SUPPLYING LABOR, MATERIALS , OR BOTH TO BRING TO THE ATTENTION OFTHE DESIGNER, ENGINEER, GENERAL CONTRACTOR AND THE OWNER ANYDISCREPANCIES OR CONFLICT BETWEEN THE REQUIREMENTS OF THE CODE AND THEDRAWINGS.SCOPE OF WORK:VICINITY MAPEXISTING 600 sq.ft. UNIT "D" (RETAIL ) TO BE ADDEDTO EXISTING UNIT "E" (RESTAURANT)MARISCOS HECTOR #1PROJECT NAME :...........................MARISCOS HECTOR's # 1ADDRESS:.....1801 S Main St, UNIT "E" Santa Ana, CA 92707A.P.N....................................................................403-185-01LOT................................................................................1,2,7TRACT..............................................................................252BLOCK..................................................................................JNo. OF STORY (S)..................................................................1ZONING:................................CSM (Commercial South Main)REDEVELOPMENT AREA ...................................SOUTH MAINLOT SIZE.............................................20,340 S.F. ( 0.4669ac )(E) RESTAURANT BUILDING AREA..........................1,850 sq.ft.OCCUPANCY TYPE.............................................................A-2 ‎LEGAL DESCRIPTION:TR 252 LOT 1 BLK J AND LOTS 2 & 7 BLK JNOTE:FIRE SPRINKLERS :..............................................................NOTYPE OF CONSTRUCTION :................................................V-NEXISTING PARKING SPACES:................................................34 ‎BUILDING OWNER:LEE SUK BONG1900 NOTTINGHAM PLFULLERTON CA 92835R E S T A U R A N TTENANT IMPROVEMENTPROJECT DATA:FLOOR AREA JUSTIFICATION FOR CHANGE OF OCCUPANCYUSING UNITY FORMULA : (MIXED AREA-RATIOS)+UNIT "A"ALLOWABLE AREAUNIT "B"ALLOWABLE AREA+UNIT "C"ALLOWABLE AREA+UNIT "D"ALLOWABLE AREA<1,800 sq.ft.9,000 sq.ft.+1,800 sq.ft.9,000 sq.ft.+600 sq.ft.9,000 sq.ft.+600 sq.ft.6,000 sq.ft.<0.20+0.20+UNIT "E"ALLOWABLE AREA+2,000 sq.ft.6,000 sq.ft.0.06+ +0.10+0.060.33=0.95<1 ........OK.11- 2016 CALIFORNIA RESIDENTIAL CODE (CRC)- 2016 CALIFORNIA BUILDING CODE (CBC)- 2016 CALIFORNIA ELECTRICAL CODE (CEC)- 2016 CALIFORNIA MECHANICAL CODE (CMC)- 2016 CALIFORNIA PLUMBING CODE (CPC)- 2016 CALIFORNIA ENERGY CODE (CENC) - CITY OF SANTA ANA MUNICIPAL CODETHE APPLICABLE CODES WILL INCLUDE, BUT SHALL NOT BE LIMITED TO:OF SHEETSA-2.2PROPOSEDFLOOR PLAN1801 S MAIN ST. UNIT ESANTA ANA, CA. 92707714-588-8377GEN ERAL CO NTR ACTORdeltaconstrctionco@gmail.comDAVID TRAN (DAT)16027 BROOKHURST ST. # G 259FOUNTAIN VALLEY CA 92708 CELL: (714) 987 - 0787PLAN:PROJECT NAME:JOB SITE:PHONE:REVISIONSBYDRAWNDATEJOB No.SHEETDAVID TRAN17-00911-26-2018MARISCOSHECTOR # 1DELTACONSTRUCTIONLIC #9222002-24 This page left blank intentionally. 2-25 EXHIBIT 4 2-26 This page left blank intentionally. 2-27 1EXISTING FLOOR PLAN1OF SHEETSA-2.2PROPOSEDFLOOR PLAN1801 S MAIN ST. UNIT ESANTA ANA, CA. 92707714-588-8377GEN ERAL CO NTR ACTORdeltaconstrctionco@gmail.comDAVID TRAN (DAT)16027 BROOKHURST ST. # G 259FOUNTAIN VALLEY CA 92708 CELL: (714) 987 - 0787PLAN:PROJECT NAME:JOB SITE:PHONE:REVISIONSBYDRAWNDATEJOB No.SHEETDAVID TRAN17-00911-26-2018MARISCOSHECTOR # 1DELTACONSTRUCTIONLIC #9222002-28 1PROPOSED FLOOR PLAN1OF SHEETSA-2.24INSPECTIONS1. OCFA final inspection required. Please schedule all field inspections at least 48 hours in advance. Inspections canceled after 1 p.m. on the day before the scheduled date will be subject to a reinspection fee. Phasing of inspections may require additional fees, also. Call OCFA Inspection Scheduling at 714-573-6150.2. Buildings under construction or demolition shall conform to CFC Chapter 14. No smoking or cooking is allowed in structures where combustible materials are exposed or within 25' of combustible materials storage areas. Cutting, welding, or other hot work shall be in conformance with CFC Chapter 35.3. In buildings four or more stories in height, standpipes shall be provided during construction when the height reaches 40 feet above the lowest point of fire department access. A fire department connection sha ll be no more than 1 00 feet from available fire department vehicle access roadways. A hydrant shall be located along the access roadway within 150 feet of the location(s) that the FDC can be accessed from. CFC 3310, 33134. Address numbers shall be provided for all new and existing buildings, be a minimum of four inches high for individual dwelling units and six inches high for al l other installations and structures, contrast with their background, and be plainly visible from the roadway the building is addressed on. Temporary address numbers shall be provided on construction fencing or the building until permanent numbers can be provided. CBC 501 .2, CFC 505.15. Locations and classifications of extinguishers shall be in accordance with CFC 906 and CCR Title 19. At least one extinguisher shall be provided during construction on each floor at each stairway, in each storage and construction shed, in locations where flammable or combustible liquids are stored or used, or where similar hazards are present per CFC 3315.1. Before final occupancy, at least one 2A: 1 OB:C extinguisher shall be provided so that no point is more than 75' travel distance from the extinguisher. Extinguishers shall be located along the path of egress travel and in a readily visible and accessible location, with the bottom of the extinguisher at least 4" above the floor. Additional extinguishers may be required by OCFA inspectors depending on project or site conditions and final placement is subject to their approval.6. Wall , floor and ceiling finishes and materials shall not exceed the flame spread classifications in CBC Table 803.9. Decorative materials shall be properly treated by a product or process approved by the State Fire Marshal with appropriate documentation provided to the OCFA. Such items shall be approved and inspected by the OCFA prior to installation.7. Knox boxes/key cabinets shall be provided for all high-rise buildings, pool enclosures, gates in the path of firefighter travel to structures, secured parking levels, doors giving access to alarm panels and/or annunciators, and any other structures or areas where immediate access is required or is unduly difficult. An OCFA inspector can assist with locking gate keys in Knox boxes, contact your local fire station to arrange an appointment to secure master building keys in the Knox box.8. Approval of these plans shall not permit the violation of any code or law. Requirements or features not identified on the plan may apply and OCFA inspectors may require additional information or items from those shown on the plan depending on actual or anticipated field conditions. Such changes may necessitate submittal of revised or as-built plans to the OCFA and the City/County where the project is located.GENERAL REQUIREMENTS9. The project shall comply with 2013 California Building Code, 2013 California Fire Code, and other currently adopted codes, standards, reg ulations and requirements as enforced by the Orange County Fire Authority. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA.10. Dumpsters and trash containers exceeding 1.5 cubic yards shall not be stored in buildings or placed within 5 feet of combustible walls, openings or combustible roof eave lines unless protected by an approved sprinkler system or located in a Type I or IIA structure separated by 10 feet from other structures. Containers larger than 1 cubic yard shall be of non- or limited-combustible materials or similarly protected or separated. CFC 304.311. Exits, exit signs, fi re alarm panels, hose cabinets, fire extinguisher locations, and standpipe connections shall not be concealed by curtains, mirrors, or other decorative material.12. The egress path shall remain free and clear of all obstructions at all times. No storage is permitted in aisles.13. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. Doors shall not be provided with thumb-turn locks or deadbolts that do not unlatch in tandem with the normal operating lever. The opening force for interior doors without closers shall not exceed 5 pounds. The unlatching and opening force for other doors, including fire doors, shall not exceed 15 pounds. CBC 100814. The exit path shall be clearly identified with exit signs conforming to CBC 1011 . Illuminated exit signs must have 90-minuteHPHUJHQF\SRZHUEDFNXSă15. Tactile signs shall be provided in commercial buildings, public buildings/accommodations, and publicly funded housing subject to CBC Chapters 11A and Band conform to 1143A or 11B-703.1, -703.2, -703.3, and 703.5, be mounted with the bottom of the lowest line of Braille characters at least 4 feet above the floor but the bottom of the highest line of raised text characters no more than 5 feet above the floor and, whenever possible, on the strike side of the door. Lettering shall be between 5/8" and 2" high. CBC 1011.416 . Stairs serving 4+ stories shall have stairwell signs conforming to CBC 1022.9 and OCFA Guideline E-0217. The exit path shall be illuminated at all times in accordance with CBC 1 006. Emergency lighting shall be provided with 90- minute back-up.18. Rated assemblies shall conform to approved methods and materials of construction. Penetrations through rated walls, ceilings, or floors shall be protected in an approved manner complying with CBC/CFC Chapter 7.19. Rated doors shall be self-closing and latching; such doors shall not be equipped with door stops or otherwise propped open. Rated doors shall be equipped with rated hardware. CFC 703PROJECT-SPECIFIC REQUIREMENTSASSEMBLY OCCUPANCIES20. Occupant load sign, with minimum one-inch letters and numbers contrasting with their background, shall be posted in a conspicuous location near the main exit per CBC 1004.3 and Title 19 3.30. Where multiple seating configurations or uses are anticipated, seating diagrams and their respective occupant loads may also be required to be posted.21. Panic hardware shall be provided for all exit and exit access doors in assembly occupancies. Such doors shall swing in the direction of exit travel. Doors equipped with panic hardware shall have no other lock or latch except panic hardware. If panic hardware is omitted on the main door when permitted by CBC 1 008.1 .9.3, a sign stating "THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED" in minimum 1-inch letters contrasting with their background shall be posted in a conspicuous location on or adjacent to the door and the door shall be equipped only with a key-operated lock that visually indicates whether it is open or locked.22. Tables shall be spaced at least 50 inches apart where seating is back to back and aisle accessways serve more than 4 occupants or are longer than six feet. Ai sle widths shall be a minimum of 36 inches where seating is only on one side of the aisle or 42 inches for seating on both sides. Where seats back up into aisles, seat backs shall be located at 1 9 inches from the table edge and the clear aisle width shall be measured from the back of the seat. CBC 1 028.1023. Open flame in assembly areas is prohibited except as specifically permitted by the OCFA in compliance with CFC Chapter3.EXTINGUISHING SYSTEMS24. An automatic fire sprinkler system sha ll be provided throughout the building in compliance with 2013 NFPA 13 (13-R) and CFC 903. Review and approval of a sprinkler plan is required prior to installation or modification.25. An automatic extinguishing system shall be provided to protect commercial-type food heating equipment that produces grease-laden vapors and shall comply with 2013 CFC and CMC and 2009 NFPA 17 A. Review and approval of a hood and duct extinguishing system plan is required prior to installation or use of cooking equipment.ALARM and MONITORING SYSTEMS26. A fire alarm system shall be provided in compliance with CBC/CFC 907 and 2013 NFPA 72. A separate plan submittal is required for approval prior to in stallation or modification.27 . Automatic fire sprinkler system(s) and all control valves, with the exception of those listed in CFC 903.4, shall be monitored by a UL listed central alarm station.OCFA Architectural NotesFIRE AUTHORITY NOTESPROPOSEDFLOOR PLAN1801 S MAIN ST. UNIT ESANTA ANA, CA. 92707714-588-8377GEN ERAL CO NTR ACTORdeltaconstrctionco@gmail.comDAVID TRAN (DAT)16027 BROOKHURST ST. # G 259FOUNTAIN VALLEY CA 92708 CELL: (714) 987 - 0787PLAN:PROJECT NAME:JOB SITE:PHONE:REVISIONSBYDRAWNDATEJOB No.SHEETDAVID TRAN17-00911-26-2018MARISCOSHECTOR # 1DELTACONSTRUCTIONLIC #9222002-29