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HomeMy WebLinkAbout01-27-20_AGENDA PACKETPLANNING COMMISSION AGENDA January 27, 2020 Minh Thai Executive Director CITY OF SANTA ANA PLANNING COMMISSION REGULAR MEETING AGENDA JANUARY 27, 2020 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 NORMA GARCIA Ward 1 Representative FELIX RIVERA Ward 2 Representative KENNETH NGUYEN Ward 3 Representative V. THAI PHAN 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 Planning Manager Sarah Bernal Recording Secretary PLANNING COMMISSION AGENDA January 27, 2020 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 January 27, 2020 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 DECEMBER 9, 2019 RECOMMENDED ACTION: Approve the 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 January 27, 2020 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 item nos. 1- 4 was published in the Orange County Reporter on January 17, 2020 and notices was mailed on said date. Legal notice for Public Hearing item no. 5 was published in the Orange County Register on January 17, 2020. 1. APPLICATION AMENDMENT NO. 2019-03 AND CONDITIONAL USE PERMIT NO. 2019-21 {STRATEGIC PLAN NO. 3,2}– Ivan Orozco, Case Planner. LOCATION: 813 North Euclid Street located in the Two-Family Residence (R-2) zoning district. REQUEST: The applicant is requesting approval of the following land use entitlements: (1) Amendment Application No. 2019-03 to rezone the property from Two-Family Residence (R-2) to Community Commercial (C-1), and (2) Conditional Use Permit No. 2019-21 to allow a convenience store and service station to operate 24 hours a day, seven days per week. In conjunction with the land use entitlements, the applicant is requesting approval of Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, Environmental Review No. 2018-28. ENVIRONMENTAL DETERMINATION: In accordance with the California Environmental Quality Act (CEQA), the Planning Commission will consider Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, Environmental Review No. 2018-28 that was prepared to analyze the potential impacts of the project and identify measures to mitigate the environmental effects. RECOMMENDED ACTIONS: a) Recommend that the City Council adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2018-28 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-03 FOR THE PROJECT LOCATED AT 813 NORTH EUCLID STREET; b) Recommend that the City Council adopt an ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-03 REZONING THE PROPERTY LOCATED AT 813 NORTH EUCLID STREET FROM TWO-FAMILY RESIDENTIAL (R-2) TO COMMUNITY COMMERCIAL (C-1); and Planning Commission Agenda 4 January 27, 2020 c) Recommend that the City Council adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-21 AS CONDITIONED TO ALLOW 24- HOUR OPERATIONS AT A NEW 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 813 NORTH EUCLID STREET 2. CONDITIONAL USE PERMIT NO. 2019-38 {STRATEGIC PLAN NO. 3,2} — Case Planner, Jerry Guevara LOCATION: 542 East Central Avenue located in the Single-Family Residence (R-1) zoning district. REQUEST: The applicant is requesting approval of Conditional Use Permit No. 2019- 38 to allow the construction of a rectory building. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines – New Construction. Notice of Exemption, Environmental Review No. 2018-24 will be filed for this project. RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-38 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A TWO-STORY 6,372-SQUARE FOOT RECTORY BUILDING AT THE PROPERTY LOCATED AT 542 EAST CENTRAL AVENUE 3. CONDITIONAL USE PERMIT NO. 2019-44 {STRATEGIC PLAN NO. 3,2 } – Kathy Khang, Case Planner. LOCATION: 2920 South Kilson Drive located in the Light Industrial (M-1) zoning district. REQUEST: The applicant is requesting approval of Conditional Use Permit No. 2019- 44 to allow the operation of a canine rehabilitation center/kennel. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 of the CEQA Guidelines – Existing Facilities. Notice of Exemption, Environmental Review No. 2019-118 will be filed for this project. RECOMMENDED ACTIONS: Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-44 AS CONDITIONED TO ESTABLISH A CANINE REHABILITATION CENTER KENNEL AT THE PROPERTY LOCATED AT 2920 SOUTH KILSON DRIVE Planning Commission Agenda 5 January 27, 2020 4. CONDITIONAL USE PERMIT NO. 2019-45 AND VARIANCE NO. 2019-06 {STRATEGIC PLAN NO. 3,2} – Jerry Guevara, Case Planner. LOCATION: 1570 E. 17th Street located in the Arterial Commercial (C-5) zoning district. REQUEST: The applicant is requesting approval of the following land use entitlements: (1) Conditional Use Permit No. 2019-45 to allow the operation of an adult day care facility, and (2) Variance No. 2019-06 to allow a reduction in required off-street parking. ENVIRONMENTAL DETERMINATION: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 – Class 1 of the CEQA Guidelines – Existing facilities. Notice of Exemption, Environmental Review No. 2019-117 will be filed for this project. RECOMMENDED ACTIONS: a) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-45 AS CONDITIONED TO ALLOW THE OPERATION OF AN ADULT DAY CARE FACILITY AT 1570 EAST SEVENTEENTH STREET; and b) Adopt a resolution. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-06 AS CONDITIONED TO ALLOW A REDUCTION IN REQUIRED OFF-STREET PARKING FOR AN ADULT DAY CARE FACILITY AT 1570 EAST SEVENTEENTH STREET 5. ZONING ORDINANCE AMENDMENT NO. 2019-05 {STRATEGIC PLAN NO. 3,2} – Ricardo Soto, Case Planner. LOCATION: Citywide REQUEST: The City is requesting adoption of Zoning Ordinance Amendment No. 2019- 05 to amend provisions of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to accessory dwelling units (ADU) ENVIRONMENTAL DETERMINATION: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines – Other Statutory Exemptions. Notice of Exemption, Environmental Review No. 2019-123 will be filed for this project. RECOMMENDED ACTIONS: Recommend that the City Council adopt an ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS Planning Commission Agenda 6 January 27, 2020 * * * END OF BUSINESS CALENDAR * * * COMMENTS 6. STAFF COMMENTS 7. COMMISSION MEMBER COMMENTS ADJOURNMENT – The next regular meeting will be held on February 10, 2020 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. FUTURE AGENDA ITEMS • Recent Development Update • CUP 2019-46 for project located at 3820 S. Fairview Street. Applicant proposes to demolish an existing 855-square foot automated carwash and facilitate the construct of a new 1,083- square foot automated carwash • CUP 2019-42 for project located at 1302 S. Lyon Street Applicant proposes to renew entitlements of an existing wireless facility. • CUP 2019-40 for project located at 1720 E. 17th Street. Applicant proposes to renew entitlements of an existing wireless facility. • Work Study Session: The Bowery Project This page left blank intentionally. 1 PLANNING COMMISSION MINUTES December 9, 2019 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 9, 2019 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:37 P.M. ATTENDANCE COMMISSIONERS Present: CYNTHIA CONTRERAS-LEO, Vice Chai NORMA GARCIA MARK MCLOUGHLIN, Chair KENNETH NGUYEN FELIX RIVERA COMMISSIONERS Absent: ANGIE CANO PLANNING & BUILDING AGENCY STAFF Present: MINH THAI, Executive Director VINCE FREGOSO, 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 OCTOBER 28, 2019 REGULAR MEETING MOTION: Approve the minutes. MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Contreras-Leo, McLoughlin, Nguyen, Rivera (4) NOES: None (0) ABSTAIN: Garcia (1) ABSENT: Cano (1) A - 1 2 PLANNING COMMISSION MINUTES December 9, 2019 B. MINUTES FROM THE NOVEMBER 12, 2019 REGULAR MEETING MOTION: Approve the minutes. MOTION: Contreras- Leo SECOND: Nguyen VOTE: AYES: Contreras-Leo, McLoughlin, Nguyen, Rivera (4) NOES: None (0) ABSTAIN: Garcia (1) ABSENT: Cano (1) C. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent Commissioner Cano MOTION: Nguyen SECOND: Rivera VOTE: AYES: Contreras-Leo, Garcia, McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Cano (1) * * * END OF CONSENT CALENDAR * * BUSINESS CALENDAR ITEMS PUBLIC HEARING 1. CONDITIONAL USE PERMIT NOS. 2019-33, 2019-34, AND 2019-35 — Case Planner, Ali Pezeshkpour LOCATION: The Place Banquet Hall located at 1602 E. First Street in the General Commercial (C2) zone. REQUEST: The applicant is requesting approval of three conditional use permits to allow (1) the operation of a banquet facility, (2) a Type 47 (On Sale General – Eating Place) Alcoholic Beverage Control (ABC) license for the sale of beer, wine and distille d spirits for A - 2 3 PLANNING COMMISSION MINUTES December 9, 2019 on-premises consumption, and (3) after-hours operation until 1:00 a.m. on Friday, Saturday and Sunday. Case Planner Pezeshkpour provided a presentation which included information on the added conditions of approval which resulted from a meeting between the applicant and community members. Recording Secretary reported that written correspondence had been distributed. Chair McLoughlin opened the Public Hearing at 5:51 p.m. The applicant spoke in support of the matter and answered questions regarding business operations. The following individuals spoke in support of the matter. 1. Ashely Tinajero, General Manager of Holiday Inn Express 2. Desi Reyes, resident. The following individuals are members of the neighboring religious facility and spoke in opposition to the matter. 1. Alex Cho 2. Esol Lee 3. Everardo Salinas 4. Hosung Lee 5. Sean Tu 6. Xitali Rivera The applicant was provided an opportunity to respond to comments. There were no other speakers and the Public Hearing was closed at 6:21 p.m. Commission expressed concern with noise, entertainment, parking, and discussed the need for a Type 47 license. MOTION: a. Adopt Resolution No. 2019-47. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-33 AS CONDITIONED TO ALLOW THE PLACE BANQUET HALL TO OPERATE AT 1602 EAST FIRST STREET; b. Adopt Resolution No. 2019-48. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-34 AS CONDITIONED TO ALLOW THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR ON-PREMISES CONSUMPTION AT THE PLACE BANQUET HALL LOCATED AT 1602 EAST FIRST STREET ; and c. Continue consideration of request for after-hours operation for six months. A - 3 2 PLANNING COMMISSION MINUTES December 9, 2019 MOTION: Rivera SECOND: Garcia VOTE: AYES: Contreras-Leo, Garcia, McLoughlin, Rivera (4) NOES: Nguyen (1) ABSTAIN: None (0) ABSENT: Cano (1) 2. CONDITIONAL USE PERMIT NO. 2018-16 – Ivan Orozco, Case Planner. LOCATION: 2500 S. Fairview Street in the Light Industrial (M-1) zone. REQUEST: The applicant is requesting approval of a conditional use permit to construct a new 60-foot wireless communications facility disguised as a mono-eucalyptus. Case Planner Orozco provided a staff presentation. Recording Secretary reported that written correspondence had been distributed. Chair McLoughlin opened the Public Hearing at 6:45 p.m. The applicant spoke in support of the matter. There were no other public speakers and the Public Hearing was closed at 6:46 p.m. MOTION: Adopt Resolution No. 2019-49. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-16 AS CONDITIONED TO ALLOW A NEW 60-FOOT TALL MAJOR WIRELESS COMMUNICATION FACILITY LOCATED AT 2500 SOUTH FAIRVIEW STREET MOTION: Contreras- Leo SECOND: Rivera VOTE: AYES: Contreras-Leo, Garcia, Nguyen, McLoughlin, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Cano (1) 3. CONDITIONAL USE PERMIT NO. 2019-37 – Jerry Guevara, Case Planner. LOCATION: Hopper & Burr Café located at 202 W. Fourth Street in the Specific Development No. 84 (SD-84) zone. REQUEST: The applicant is requesting approval of a conditional use permit to allow a Type 41 (On Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) license for the sale of beer and wine for on-premises consumption. Case Planner Guevara provided a staff presentation. A - 4 3 PLANNING COMMISSION MINUTES December 9, 2019 Chair McLoughlin opened the Public Hearing at 6:50 p.m. The applicant spoke in support of the matter. There were no other public speakers and the Public Hearing was closed at 6:51 p.m. MOTION: Adopt Resolution No. 2019-50. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-37 AS CONDITIONED TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT HOPPER AND BURR RESTAURANT LOCATED 202 WEST FOURTH STREET MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Contreras-Leo, Garcia, McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Cano (1) 4. CONDITIONAL USE PERMIT NO. 2019-37 – Pedro Gomez, Case Planner. LOCATION: The Estate on Second located at 207 W. Second Street in the Specific Development No. 84 (SD-84) zone. REQUEST: The applicant is requesting approval of a conditional use permit to allow a Type 47 (On Sale General – Eating Place) Alcoholic Beverage Control (ABC) license for the sale of beer wine and distilled spirits for on-premises consumption. Case Planner Gomez provided a staff presentation. Chair McLoughlin opened the Public Hearing at 6:55 p.m. There were no public speakers and the Public Hearing was closed at 6:55 p.m. MOTION: Adopt Resolution No. 2019-51. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-39 AS CONDITIONED TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR ON-PREMISE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS FOR AN EXISTING BANQUET FACILITY, LOCATED AT 207 WEST SECOND STREET, UNIT A AND B MOTION: Rivera SECOND: Nguyen VOTE: AYES: Contreras-Leo, Garcia, McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) A - 5 4 PLANNING COMMISSION MINUTES December 9, 2019 ABSENT: Cano (1) 5. AMENDMENT APPLICATION NO. 2018-09 – Vince Fregoso, Case Planner. LOCATION: Calvary Church located at 1010 N. Tustin Avenue and 1100-B N. Tustin Avenue in the Professional (P) zone. REQUEST: The applicant is requesting approval of an amendment application to change the zoning of the property from Professional (P) to Specific Development No. 95 (SD-95). In conjunction with the request, the applicant is also requesting approval of Mitigated Negative Declaration No. 2009-19. Vice-Chair Contreras-Leo disclosed that she spoke with Pastor Michael Welles regarding the project. Case Planner Fregoso provided a staff presentation. Commission discussion ensued regarding community outreach and parking. Recording Secretary reported that written correspondence had been distributed. Chair McLoughlin opened the Public Hearing at 7:06 p.m. The following individuals representing Calvary spoke in support of the matter. 1. Adrienne Gladson 2. Eric Wakeling 3. Michael Welles There were no other public speakers and the Public Hearing was closed at 7:12 p.m. MOTION: Recommend that the City Council adopt an ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING TWO PROPERTIES LOCATED AT 1010 AND 1100-B NORTH TUSTIN AVENUE FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 95 (SD-95) (AA NO. 2018-09) AND ADOPTING SPECIFIC DEVELOPMENT NO. 95 (SD-95) FOR SAID PROPERTIES MOTION: Nguyen SECOND: Contreras-Leo VOTE: AYES: Contreras-Leo, Garcia, McLoughlin, Nguyen, Rivera (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Cano (1) A - 6 5 PLANNING COMMISSION MINUTES December 9, 2019 WORK STUDY CALENDAR 6. DISCUSSION ON RECENT CHANGES TO CALIFORNIA STATE LAW REGARDING ACCESSORY DWELLING UNITS Associate Planner Soto provided a PowerPoint presentation which included information on the following.  What is an ADU?  What is a JADU?  Existing Local Ordinance  Legislative Changes  Local Ordinance ***END OF WORK STUDY CALENDAR * * * COMMENTS 7. STAFF COMMENTS  Executive Director Thai welcomed new Commissioner Garcia, thanked the Commission, and wished everyone Happy Holidays. 8. COMMISSION MEMBER COMMENTS  Vice Chair Contreras-Leo welcomed new Commissioner Garcia, thanked staff and wished everyone Happy Holidays.  Commissioner Nguyen welcomed new Commissioner Garcia, thanked staff and wished everyone Happy Holidays.  Commissioner Garcia thanked staff and wished everyone Happy Holidays. 7:51 P.M. ADJOURNMENT – The meeting scheduled for December 23, 2019 and January 13, 2020 are cancelled. The next regular meeting will be held on January 27, 2020 at 5:30 p.m. in Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A - 7 This page left blank intentionally. A - 8 1 - 1 1 - 2 1 - 3 1 - 4 1 - 5 1 - 6 1 - 7 This page left blank intentionally. 1 - 8 EXHIBIT 1 1 - 9 This page left blank intentionally. 1 - 10 LS 1.27.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2018-28 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-03 FOR THE PROJECT LOCATED AT 813 NORTH EUCLID STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Adan Madrid (Applicant) is requesting approval of Amendment Application No. 2019-03 to amend the zoning designation of the parcel located at 813 North Euclid Street from Two-Family Residence (R-2) to Community Commercial (C-1) to facilitate the construction of a 3,045-square foot convenience store and service station on the 0.65-acre property. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), the CEQA Guidelines and Public Resources Code Sections 21000 et. seq., as amended, require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less than significant level. D. The City of Santa Ana prepared an Initial Study and Mitigated Negative Declaration (IS/MND) Environmental Review No. 2018-28 for the proposed project which reflects the City’s independent judgement and analysis as lead agency for the project. The Initial Study and Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address potential impacts on cultural and tribal resources, geology and soils, hazards and hazardous materials, noise and traffic. E. On January 6, 2020, Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2018-28 was published in 1 - 11 the Orange County Register newspaper, circulated to interested agencies, organizations and parties, and the Orange County Clerk Recorder. F. The documents related to the Initial Study and Mitigated Negative Declaration were made available for a 20-day public review and comment period between January 6, 2020 and January 26, 2020 at Santa Ana City Hall, the Main Library, and on the project webpage on the City’s website. G. Comments received were addressed in a Response to Comments document that provides sufficient information to demonstrate that the environmental conclusions and mitigation measures remain valid as disclosed in the Mitigated Negative Declaration. H. The mitigation measures set forth in the Mitigated Negative Declaration are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. I. On January 27, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing. During its deliberations, the Planning Commission considered the environmental analysis and mitigation measures described in the draft Mitigated Negative Declaration Environmental Review No. 2018-28 and recommended that the City Council adopt a resolution approving Amendment Application No. 2019-03, Conditional Use Permit 2019-01, and adopt Mitigated Negative Declaration (MND), Environmental Review No. 2018-28 and the Mitigation Monitoring and Reporting Program. J. On February 18, 2020, the City Council of the City of Santa Ana held a duly-noticed public hearing to consider all testimony, written and oral, related to Initial Study and Mitigated Negative Declaration, Environmental Review No. 2018-28, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-28, prepared with respect to this project. The MND and Mitigation Monitoring and Reporting Program are attached herein as Exhibit A. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and adopts the MND and directs that the Notice of Determination be 1 - 12 prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The City Council hereby adopts the Mitigated Negative Declaration, Environmental Review No. 2018-28 and approves the Mitigation Monitoring and Reporting Program attached hereto and incorporated herein as Exhibit A, consistent with Public Resources Code section 21081.6; makes implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program a condition of approval of the Project, and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated February 18, 2020, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 5. The Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program, as well as all supporting documents are on file and available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92702. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or 1 - 13 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 7. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council’s decisions and these findings. ADOPTED this ____ day of ___________, 2020. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _______________, 2020. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 1 - 14 EXHIBIT A Mitigated Negative Declaration, Environmental Review No. 2018-28 and Mitigation Monitoring and Reporting Program Online: https://www.santa-ana.org/pb/planning-division/major-planning-projects-and-documents/euclid- hazard-7-eleven-service-station Paper Copies: Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 1 - 15 This page left blank intentionally. 1 - 16 EXHIBIT 2 1 - 17 This page left blank intentionally. 1 - 18 Ordinance No. NS-XXXX Page 1 of 4 1.27.20 LS ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-03 REZONING THE PROPERTY LOCATED AT 813 NORTH EUCLID STREET FROM TWO- FAMILY RESIDENTIAL (R-2) TO COMMUNITY COMMERCIAL (C-1) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Amendment Application No. 2019-03 has been filed with the City of Santa Ana to change the zoning designation of the parcel located at 813 North Euclid Street from Two-Family Residence (R-2) to Community Commercial (C-1), described in Exhibit A. B. The zoning designation of the Community commercial (C-1) would bring the rezoned property into consistency with the General Plan land use designation of General Commercial (GC). C. The zoning designation of the Community commercial (C-1) would facilitate the development of a 3,045-square foot convenience store and 1,800-square foot fueling canopy D. On January 27, 2020, the Planning Commission held a duly-noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-03. E. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the General Plan. F. The City Council, prior to taking action on this ordinance, held a duly-noticed public hearing on February 18, 2020. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated February 18, 2020 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2019- 03 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the 1 - 19 Ordinance No. NS-XXXX Page 2 of 4 City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Planning Commission of the City of Santa Ana recommended that the City Council adopt an ordinance rezoning the real property located at 813 North Euclid Street from Two-Family Residence (R-2) to Community Commercial (C-1), (AA No. 2019-03). Amended Sectional District Map number 9-5-10 showing the above described change in use district designation, is attached hereto as Exhibit B and incorporated by this reference as though fully set forth herein. This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated February 18, 2020, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2018-28 and Mitigation, Monitoring and Reporting Program, prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2018- 28 meets all the requirements of CEQA. Section 4. This ordinance shall not be effective unless and until Resolution No. 2020- (Environmental Review No. 2018-28) and Ordinance No. 2020- (Amendment Application No. 2019-03) are adopted and become effective. If either resolution and/or ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set 1 - 20 Ordinance No. NS-XXXX Page 3 of 4 aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this ____ day of ________, 2020. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers ___________________________________ NOES: Councilmembers ___________________________________ ABSTAIN: Councilmembers ___________________________________ NOT PRESENT: Councilmembers ___________________________________ 1 - 21 Ordinance No. NS-XXXX Page 4 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-_____ to be the original ordinance adopted by the City Council of the City of Santa Ana on __________, 2020 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 1 - 22 EXHIBIT 3 1 - 23 This page left blank intentionally. 1 - 24 Resolution No. 2020-xx Page 1 of 9 LS 1.27.20 RESOLUTION NO. 2020-xx BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Adan Madrid with ASI Development, representing 7-Eleven, Inc. (“Applicant”), is requesting approval of Conditional Use Permit No. 2019- 21 to allow a 7-Eleven convenience store and service station to operate 24 hours per day, seven days per week, at the property located at 813 North Euclid Street. B. Santa Ana Municipal Code (“SAMC”) Section 41-365.5(h) requires approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the City Council is authorized to review and approve the conditional use permit for this project as set forth by the SAMC. D. On January 27, 2020, the Planning Commission held a duly-noticed public hearing for Conditional Use Permit No. 2019-21 to consider all testimony, written and oral, related to Conditional Use Permit No. 2019-21, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. E. On February 18, 2020, the City Council of the City of Santa Ana held a duly-noticed public hearing to consider all testimony, written and oral, related to Conditional Use Permit No. 2019-21, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-21 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7 -ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 813 NORTH EUCLID STREET 1 - 25 Resolution No. 2020-xx Page 2 of 9 F. The City Council of the City of Santa Ana considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-21, to allow extended hours of operation, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed convenience store and service station will provide an additional amenity to individuals wishing to have an early coffee and/or meal. Allowing the store and fuel pumps to be open 24 hours per day, seven days per week, will create a one-stop shop location for residents and commuters. Additionally, the extended hours will thereby benefit the community by providing a convenience store offering service past 12:00 midnight, which is consistent with other similar uses in the City. By offering extended hours of operation, 7-Eleven will better serve the community by providing added convenience and a one-stop shopping experience. The project will redevelop a vacant site with a new convenience store with ancillary gas sales. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting and security cameras. This will help activate and beautify the street corner. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed on the CUP that will mitigate any negative impacts to the surrounding community. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure minimal calls for service. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely 1 - 26 Resolution No. 2020-xx Page 3 of 9 fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable code and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City’s economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City 1 - 27 Resolution No. 2020-xx Page 4 of 9 through the development of districts that project a sense of place, positive community image and quality environment. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2018-28) and a Mitigation Monitoring and Reporting Program were prepared and adopted with respect to this project. Section 3. Conditional Use Permit No. 2019-21 shall not be effective unlelss and until the City Council reviews and approves Amendment Application No. 2019-03 and adopts the Mitigated Negative Declaration, Environmental Review No. 2018-28, and the Mitigation Monitoring and Reporting Program. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby recommends that the City Council approve Conditional Use Permit No. 2019-21, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 813 North Euclid 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 January 27, 2020, the Request for City Council Action dated February 18, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 1 - 28 Resolution No. 2020-xx Page 5 of 9 ADOPTED this _____ day of ______________, 2020. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on _____________, 2020. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 1 - 29 Resolution No. 2020-xx Page 6 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-21 Conditional Use Permit No. 2019-21 for after-hours operations is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP) No. 2018-08 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance. All utilities shall be properly screened, and the proposed trash enclosure shall be screened by a four (4) foot high landscape hedge and incorporate vines. 4. To deter loitering and illegal dumping, the landscape plan shall include dense landscaping and a minimum five (5) foot tall wrought iron fence at the southeast corner of the subject site between the southerly edge of the building and the southern property line. 5. The location of the trash enclosure and the air/water machine must be designed to minimize any potential impacts to the residential uses to the south of the subject site. Final location of the trash enclosure shall be subject to the approval of the Planning Manager. 6. The air/water machine must provide an automatic shut-off component to cease operation between the hours of 10:00 p.m. and 7:00 a.m. 7. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure 1 - 30 Resolution No. 2020-xx Page 7 of 9 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.). 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. 1 - 31 Resolution No. 2020-xx Page 8 of 9 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. 8. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan must be approved by the Police Department. 9. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 10. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 11. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier’s view to the outside. 12. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 13. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy. 14. There shall be no coined-operated games maintained on the premises at any time. 15. No pay telephones shall be located on the premises. 16. “No Loitering/Trespass” signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 17. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. 18. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inches long, in different colors, and in a contrasting color to the 1 - 32 Resolution No. 2020-xx Page 9 of 9 background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 19. Exterior lighting shall be shielded and/or directed away from residential areas. 20. Goods and fuel deliveries shall not occur between 10:00 p.m. and 7:00 a.m. 21. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 22. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 23. The sale of alcoholic beverages shall be prohibited. 24. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 1 - 33 This page left blank intentionally. 1 - 34 EXHIBIT 4 1 - 35 This page left blank intentionally. 1 - 36 12/17/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 AA-2019-03 & CUP-2019-21, 7-Eleven Service Station813 North Euclid Street Exhibit 4 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 1 - 37 This page left blank intentionally. 1 - 38 EXHIBIT 5 1 - 39 This page left blank intentionally. 1 - 40 STREET VIEW FROM EUCLID STREET STREET VIEW AT INTERSECTION OF EUCLID STREET AND HAZARD AVENUE 1 - 41 This page left blank intentionally. 1 - 42 EXHIBIT 6 1 - 43 This page left blank intentionally. 1 - 44 1 - 45 This page left blank intentionally. 1 - 46 EXHIBIT 7 1 - 47 This page left blank intentionally. 1 - 48 1 - 49 This page left blank intentionally. 1 - 50 EXHIBIT 8 1 - 51 This page left blank intentionally. 1 - 52 1 - 53 This page left blank intentionally. 1 - 54 EXHIBIT 9 1 - 55 This page left blank intentionally. 1 - 56 1 - 57 This page left blank intentionally. 1 - 58 EXHIBIT 10 1 - 59 This page left blank intentionally. 1 - 60 Euclid Street Hazard Avenue N 1 - 61 This page left blank intentionally. 1 - 62 EXHIBIT 11 1 - 63 This page left blank intentionally. 1 - 64 ASI Development Cordially invites you to a community information meeting for: Proposed service station with fuel canopy and convenience store @ 813 N. Euclid St., Santa Ana, CA 92703 Please come and share your thoughts and ideas about this new development. We will provide general information, with Q&A to follow. MEETING DATE: May 12, 2018 TIME: 10:00 a.m to 11:00 p.m. MEETING LOCATION: Salgado Center, MPR Room 706 N. Newhope Avenue Santa Ana, CA 92704 If you have questions regarding this event or require language interpretation services in languages other than English, please contact: Adan Madrid at (949) 235-9538 or adan@asidvm.com 1 - 65 1 - 66 EXHIBIT 12 1 - 67 This page left blank intentionally. 1 - 68 Attachment 12 The Euclid-Hazard 7-Eleven Service Station and Convenience Store Mitigated Negative Declaration and technical appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 Or Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 Or https://www.santa-ana.org/pb/planning-division/major-planning-projects-and-documents/euclid- hazard-7-eleven-service-station 1 - 69 This page left blank intentionally. 1 - 70 2 - 1 2 - 2 2 - 3 2 - 4 EXHIBIT 1 2 - 5 This page left blank intentionally. 2 - 6 Resolution No. 2020-xx Page 1 of 7 LS 1.27.20 RESOLUTION NO. 2020-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Karl Huy with Travis Companies, Inc., representing the Roman Catholic Diocese of Orange (Applicant), is requesting approval of Conditional Use Permit (CUP) No. 2019-38 to allow the construction of a two-story 6,372- sqaure foot rectory building at 542 East Central Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-232.5(a) requires approval of a CUP for accessory church buildings within the Single-Family Residence (R-1) zoning district. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the SAMC. D. On January 27, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2019-38. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant CUP No. 2019-38, for an accessory church building, have been established as required by SAMC Section 41-638: 1.That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. Our Lady of Guadalupe Delhi Church provides a place of worship, gathering and educational services to the community. The granting of this CUP will allow the church to expand its services and audience. The proposed rectory will support and directly benefit the public welfare physically, emotionally, and spiritually. The planned rectory will offer greater worship, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-38 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A TWO-STORY 6,372-SQUARE FOOT RECTORY BUILDING AT THE PROPERTY LOCATED AT 542 EAST CENTRAL AVENUE UPDATED 1/27/20 to include modifications to Conditions of Approval Nos. 3, 4, 5, 6 Resolution No. 2020-xx Page 2 of 7 fellowship, counseling as well as community meeting facilities to meet this need. These types of uses become focal points and gathering places within a community, serving multiple community groups. Furthermore, the project will redevelop the site with a new building that is compatible with the surrounding architectural styles. 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 new rectory for Our Lady of Guadalupe Delhi Church will not create any detrimental impacts to persons residing or working in the area. All functions will be conducted within enclosed buildings. Furthermore, the proposed site plan was designed to minimize noise and visual impacts to the adjacent properties, if any. The utilities and infrastructure necessary to support this facility exist and are adequate; the project will not impact the existing utilities or infrastructure. As such, the project will not be detrimental to the public health, safety and welfare of persons residing or working in the vicinity. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed project will not create any negative or detrimental impacts on the economic viability of the surrounding area. The use will result in a positive addition to the community and redevelop a vacant lot. The rectory will not remove any job-producing or economically significant elements. Churches and ancillary church buildings with their off-hour and weekend use patterns can positively affect surrounding businesses by generating off peak hour customers and activity. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the development standards and regulations contained in Chapter 41 of the SAMC. Furthermore, the project was designed in accordance with Chapter 10 (Special Use Guidelines) and Section 12 (Religious Institution) of the Citywide Design Guidelines adopted by City Council in 2006. Resolution No. 2020-xx Page 3 of 7 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 rectory will not adversely affect the General Plan. The site has a LR-7 land use designation which primarily consists of single-family residences, but also allows for neighborhood serving uses such as churches, schools and community centers. Approval of the CUP will be consistent with several goals and policies of the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Furthermore, Goal 1 of the Public Facilities Element promotes the need for sufficient public, cultural, recreational, educational, social service and related facilities to meet the needs of the community. The rectory will provide services to Santa Ana residents and visitors and will allow the Church to expand to address its growing congregation Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15303 (Class 3 – New Construction or Conversion of Small Structures). This exemption applies to the construction of small structures, which in an urbanized area is defined as a building not exceeding 10,000 square feet in floor area, on sites zoned for such use, not involving 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. The proposed building contains 6,372 square feet and complies with the development standards of the R1 zoning district which allows for accessory church structures subject to approval by the Planning Commission. As a result, Categorical Exemption, Environmental Review No. 2018-24 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 Resolution No. 2020-xx Page 4 of 7 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. 2019-38, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 542 East Central Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 27, 2020, 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 January, 2020. 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. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana Resolution No. 2020-xx Page 5 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-38 Conditional Use Permit No. 2019-38 for a rectory building is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP No. 2018-06) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to issuance of a Building permit, the applicant shall submit a stucco sample of the structure’s exterior finishes to the Planning Division for review and approval. The building’s exterior stucco finish shall match the existing smooth stucco finish of the Church located at 541 East Central Avenue. 4. Prior to the issuance of a Building permit, the applicant shall revise the architectural plans to include the construction of a full porch with posts along the proposed east entrance/exit or shall remove the proposed cover. In addition, the west-facing windows along the proposed second-floor dining area shall be modified to ensure privacy for the adjacent property. 5. Prior to the issuance of a Building permit, a full landscape and irrigation plan is to be submitted for review and approval by the Planning Division. The landscape plan shall conform to the R1 landscape standards, Citywide Design Guidelines, and the City’s Water Efficient Landscape Ordinance. In addition, the applicant shall plant mature cypress trees along the west property line. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against Resolution No. 2020-xx Page 6 of 7 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; 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; and, 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 Resolution No. 2020-xx Page 7 of 7 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. This page left blank intentionally. EXHIBIT 2 2 - 13 This page left blank intentionally. 2 - 14 CUP No. 2019-38 Our Lady of Guadalupe Delhi Church 542 E. Central Avenue Exhibit 2 - Vicinity Zoning & Aerial View © 2020 Digital Map Products. All rights reserved. Santa Ana Boundary 250 feet 2 - 15 This page left blank intentionally. 2 - 16 EXHIBIT 3 2 - 17 This page left blank intentionally. 2 - 18 CUP No. 2019-38 Our Lady of Guadalupe Delhi Church 542 E. Central Avenue Exhibit 3 – Site Photo 2 - 19 This page left blank intentionally. 2 - 20 EXHIBIT 4 2 - 21 This page left blank intentionally. 2 - 22 CUP No. 2019-38 Our Lady of Guadalupe Delhi Church 542 E. Central Avenue Exhibit 4 – Site Plan 2 - 23 This page left blank intentionally. 2 - 24 EXHIBIT 5 2 - 25 This page left blank intentionally. 2 - 26 CUP No. 2019-38 Our Lady of Guadalupe Delhi Church 542 E. Central Avenue Exhibit 5 – Floor Plans 2 - 27 Exhibit 5 – Floor Plans 2 - 28 EXHIBIT 6 2 - 29 This page left blank intentionally. 2 - 30 CUP No. 2019-38 Our Lady of Guadalupe Delhi Church 542 E. Central Avenue Exhibit 6 – Elevations 2 - 31 Exhibit 6 – Elevations 2 - 32 EXHIBIT 7 2 - 33 This page left blank intentionally. 2 - 34 CUP No. 2019-38 Our Lady of Guadalupe Delhi Church 542 E. Central Avenue Exhibit 7 – Conceptual Landscape Plan 2 - 35 This page left blank intentionally. 2 - 36 3 - 1 3 - 2 3 - 3 3 - 4 EXHIBIT 1 3 - 5 This page left blank intentionally. 3 - 6 Resolution No. 2020-xx Page 1 of 7 LS 1.27.20 RESOLUTION NO. 2020-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Lauryn Mayo with Canine Rehabilitation of Orange County (Applicant) is requesting approval of Conditional Use Permit (CUP) No. 2019-44 to operate a canine rehabilitation center at an existing building located at 2920 South Kilson Drive. B. Santa Ana Municipal Code (SAMC) Section 41-472.5(e) requires approval of a conditional use permit to operate a canine rehabilitation center kennel for the temporary care and lodging of dogs and other domesticated household animals within the Light Industrial (M-1) zoning district. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project. D. On January 27, 2020 the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-44. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-44, for a canine rehabilitation center, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed use will provide a service to the community. The proposed canine rehabilitation center is a use that will A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-44 AS CONDITIONED TO ESTABLISH A CANINE REHABILITATION CENTER KENNEL AT THE PROPERTY LOCATED AT 2920 SOUTH KILSON DRIVE. 3 - 7 Resolution No. 2020-xx Page 2 of 7 support the adjacent industrial and residential uses in the area and will assist in diversifying the range of services available to those working or residing in the south and west sections of the city. Further, the proposed canine rehabilitation is best suited within a larger building that is typically found in the City’s industrial zoning districts. 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 Canine Rehabilitation of Orange County will not be detrimental to persons residing or working in the vicinity because the facility will operate within a completely enclosed building, thereby minimizing any potential impact, such as noise, on the surrounding tenants. Additionally, conditions of approval have been incorporated into the project approvals to minimize impacts from occurring on the premise so that the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The site as developed is suitable for the proposed use. The canine rehabilitation center will generate city tax revenue and long-term employment in the community. In addition, this use will provide a service and an amenity to the nearby residents and community, thereby enhancing rather than adversely affecting the economic stability of the surrounding properties in the area. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed project will not adversely affect the economic viability of the area. The proposed a canine rehabilitation center will result in a positive addition to the surrounding area and will complement and improve the economic viability of the area as the use will re-occupy a vacant industrial building by reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. The proposed canine rehabilitation center will also generate revenue for the city. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The project complies with all applicable regulations and conditions specified in Chapter 41 of the SAMC and the 3 - 8 Resolution No. 2020-xx Page 3 of 7 conditions of approval will ensure the canine rehabilitation center does not deviate from the approved plans. 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 Canine Rehabilitation of Orange County will not adversely affect the General Plan. Land Use Element Policy 2.8 promotes the rehabilitation of commercial properties and encourages increased levels of capital investment. The proposed project is a change of business in an existing facility with minor cosmetic modifications to the building with no proposed additional square footage and no intensification of use. The re-tenanting of a vacant space with a viable business further supports the rehabilitation of this property. Land Use Element Policy 5.4 supports land uses which are consistent with the Land Use Plan of the Land Use Element. The M1 zoning district allows kennels subject to a conditional use permit, making the proposed use consistent with the zoning and the Land Use Plan of the Land Use Element. Land Use Element Policy 5.5 encourages development which is compatible with and supportive of surrounding land uses. The addition of a canine rehabilitation center will provide a service to the surrounding businesses and residents. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further environmental review under the general rule pursuant to CEQA Guidelines Section 15301, Class 1 which indicates that CEQA review applies to projects that have a potential for causing a significant impact on the environment. The proposed project is a change of business in an existing facility with minor cosmetic modifications to the building with no proposed additional square footage and no intensification of use. Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-118 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, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or 3 - 9 Resolution No. 2020-xx Page 4 of 7 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. 2019-44, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 2920 South Kilson Drive. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 27, 2020, 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 January, 2020. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 3 - 10 Resolution No. 2020-xx Page 5 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3 - 11 Resolution No. 2020-xx Page 6 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-44 Conditional Use Permit No. 2019-44 for a canine rehabilitation center at 2920 South Kilson Drive 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. The Applicant must comply with each and every condition of approval 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. All proposed improvements must conform to the staff report exhibits. 3. Prior to issuance of a building permit, the Applicant shall submit a landscape plan to the Planning Division for review and approval. 4. The site occupant shall be responsible for maintaining the premises free from graffiti. All graffiti shall be removed within 24 hours. 5. In order to minimize impacts to adjacent tenants, all canine rehabilitation therapy shall be conducted within an enclosed building. 6. Prior to issuance of a building permit, a waste management plan shall be submitted to the Planning Division for review and approval. 7. Prior to issuance of a certificate of occupancy, the existing trash enclosure shall be re-built and constructed to City standards. 8. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably 3 - 12 Resolution No. 2020-xx Page 7 of 7 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; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. (f) The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Maintenance Agreement. (g) The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 3 - 13 This page left blank intentionally. 3 - 14 EXHIBIT 2 3 - 15 This page left blank intentionally. 3 - 16 12/23/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP No. 2019-44, "Canine Rehabilitation Center of Orange County"2920 So. Kilson Drive Exhibit 2 – Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 3 - 17 This page left blank intentionally. 3 - 18 EXHIBIT 3 3 - 19 This page left blank intentionally. 3 - 20 CUP No. 2019-44 “Canine Rehabilitation Center of Orange County” 2920 South Kilson Drive Exhibit 3 – Site Photo 3 - 21 This page left blank intentionally. 3 - 22 EXHIBIT 4 3 - 23 This page left blank intentionally. 3 - 24 3 - 25 This page left blank intentionally. 3 - 26 4 - 1 4 - 2 4 - 3 4 - 4 4 - 5 This page left blank intentionally. 4 - 6 EXHIBIT 1 4 - 7 This page left blank intentionally. 4 - 8 Resolution No. 2020-xx Page 1 of 8 LS 1.27.20 RESOLUTION NO. 2020-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Mike Flory with Easter Seals Southern California (Applicant) is requesting approval of Conditional Use Permit (CUP) No. 2019-45 to allow the operation of an adult day care facility at 1570 East Seventeenth Street. B. Santa Ana Municipal Code (SAMC) Section 41-424.5(o) requires approval of a CUP for adult day care facilities within the Arterial Commercial (C5) zoning district. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the SAMC. D. On January 27, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2019-45. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant CUP No. 2019-45, for an adult day care facility, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed adult day care facility will provide a service to persons and families that are working or residing in the area. The facility will obtain a license from the California Department of Social Services for an Adult Day Program which goes through a screening and vetting process. The facility will provide a benefit to the community by providing needed services to the targeted population. Programs and services A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-45 AS CONDITIONED TO ALLOW THE OPERATION OF AN ADULT DAY CARE FACILITY AT 1570 EAST SEVENTEENTH STREET 4 - 9 Resolution No. 2020-xx Page 2 of 8 provided are intended to support adults with developmental disabilities to gain life skills through volunteering in the community and other meaningful activities so they can live as independently as possible in their 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 adult day care facility will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The facility will be operated within an existing building and the use is compatible with the nearby professional office, commercial and residential uses. Impacts are not anticipated from the project. A loading and unloading zone is provided to accommodate the participants that will be transported to and from the facility. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The adult day care facility will not adversely affect the economic stability or future economic development of properties in the surrounding area. The building is primarily vacant and the adult day care facility will help re-establish use of the property and help activate the block. The project will provide a community service for adults and elderly persons and will create temporary and permanent jobs in the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 (Zoning) of the SAMC. As part of this application, the Applicant is proposing to conduct minor exterior and interior improvements to the site. The C5 zoning district allows for adult day care uses subject to a conditional use permit. The adult day care use is similar in nature to other uses that are permitted within the C5 zoning district such as a medical office and other conditionally permitted uses such as convalescent hospitals, nursing homes and extended care facilities. A condition of approval has been added to require rehabilitation of the front and side street yard landscaping and a property maintenance agreement to be recorded against the 4 - 10 Resolution No. 2020-xx Page 3 of 8 property which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The adult day care facility will not adversely affect the General Plan. The project is located within the General Commercial (GC) General Plan land use designation which applies to major corridors in the City that provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. In addition, they provide support facilities and services to other uses. Approval of the CUP will be consistent with several goals and policies of the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Furthermore, Goal 1 of the Public Facilities Element promotes the need for sufficient public, cultural, recreational, educational, social service and related facilities to meet the needs of the community. The adult day care facility will provide a social service to families of the City’s residents and workers. Section 2. In accordance with the California Environmental Quality Act (CEQA), the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of the use. The existing 10,215-square foot building is within the C5 zone which allows for professional office uses. The proposed adult day care facility does not involve an expansion in use. As a result, Categorical Exemption, Environmental Review No. 2019-117 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 4 - 11 Resolution No. 2020-xx Page 4 of 8 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. Conditional Use Permit No. 2019-45 shall not be effective unless and until the Planning Commission reviews and approves Variance No. 2019-06. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves CUP No. 2019-45, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1570 East Seventeenth 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 January 27, 2020, 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 January, 2020. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 4 - 12 Resolution No. 2020-xx Page 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 4 - 13 Resolution No. 2020-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-45 Conditional Use Permit No. 2019-45 for an adult day care facility 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. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2019-11) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. The operation of the adult day care facility is also subject to Variance No. 2019-06, as conditioned. 4. The maximum number of participants on-site during business hours shall not exceed 40 individuals and the maximum number of employees shall not exceed 25 individuals. In addition, 36 parking spaces shall be maintained on-site at all times. 5. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district’s landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. The landscape plan shall also include landscape planters along the west property line. 6. Prior to the issuance of a Building Permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer/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: 4 - 14 Resolution No. 2020-xx Page 7 of 8 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; adherence to approved project phasing etc.), if applicable; 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) if applicable; c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable; e. If Developer/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 4 - 15 Resolution No. 2020-xx Page 8 of 8 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. 4 - 16 EXHIBIT 2 4 - 17 This page left blank intentionally. 4 - 18 Resolution No. 2020-xx Page 1 of 7 LS 1.27.20 RESOLUTION NO. 2020-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Mike Flory with Easter Seals Southern California (Applicant) is requesting approval of Variance (VA) No. 2019-06 to allow a reduction in required parking for an adult day care facility proposed at 1570 East Seventeenth Street. B. Pursuant to Santa Ana Municipal Code Section (SAMC) 41-632, the Planning Commission is authorized to review and approve a variance for a reduction in off-street parking for the subject property and project. C. On January 27, 2020, the Planning Commission held a duly noticed public hearing for VA No. 2019-06. D. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant VA No. 2019-06, for a reduction in required off-street parking, have been established as required by SAMC Section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the existing conditions of the property. In 1962, the building and site improvements were constructed which included a 10,215- square foot building. In order to meet the City’s current off- street parking requirements for an adult day care facility, significant modifications to the building and site, such as A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-06 AS CONDITIONED TO ALLOW A REDUCTION IN REQUIRED OFF- STREET PARKING FOR AN ADULT DAY CARE FACILITY AT 1570 EAST SEVENTEENTH STREET 4 - 19 Resolution No. 2020-xx Page 2 of 7 demolishing portions of the building, would be required. In addition, the property is a corner lot which requires landscaped setbacks on two sides (versus one side for an interior lot) thereby reducing the buildable area. Strict application of the off-street parking regulations would not allow the property owner to lease or operate several of the permitted or conditionally permitted uses within the Arterial Commercial (C5) zoning district. However, the parking analysis conducted by RK Engineering Group, Inc., supports the intent of the code which is to provide sufficient off-street parking. The study indicates that there would be sufficient parking for the proposed facility, therefore, no parking impacts to the nearby uses or properties will be created. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. Granting this variance will allow the property to be used as an adult day care facility which will benefit the community at large. The use is compatible with surrounding land uses and will not be detrimental to the surrounding community. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. A parking analysis was conducted which concluded that with 40 participants at the adult day care facility the 36 parking spaces are sufficient to meet the demand of the facility’s patrons and employees. Furthermore, the target population of the adult day care facility is adults and seniors that do not drive and instead rely on other transportation services provided by the facility. Conditions of approval have been added to the variance to limit the number of participants on-site at any given time. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for a reduction in required off-street parking will not adversely affect the General Plan. The project is located within the General Commercial (GC) General Plan land use designation which applies to major corridors in the City that provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment 4 - 20 Resolution No. 2020-xx Page 3 of 7 activities, employment, and education. In addition, they provide support facilities and services to other uses. Approval of the variance will be consistent with several goals and policies of the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Furthermore, Goal 1 of the Public Facilities Element promotes the need for sufficient public, cultural, recreational, educational, social service and related facilities to meet the community’s needs. The adult day care facility will provide a social service to families of the City’s residents and workers. Section 2. In accordance with the California Environmental Quality Act (CEQA), the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of the use. The existing 10,215-square foot building is within the C5 zone which allows for professional office uses. The proposed adult day care facility does not involve an expansion in use. As a result, Categorical Exemption, Environmental Review No. 2019-117 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. 4 - 21 Resolution No. 2020-xx Page 4 of 7 Section 4. Variance No. 2019-06 shall not be effective unless and until the Planning Commission reviews and approves Conditional Use Permit No. 2019-45. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 5. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves VA No. 2019-06 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth 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 January 27, 2020, 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 January, 2020. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 4 - 22 Resolution No. 2020-xx Page 5 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 4 - 23 Resolution No. 2020-xx Page 6 of 7 EXHIBIT A Conditions of Approval for Variance No. 2019-06 Variance No. 2019-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2019-11) and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 3. The maximum number of participants on-site during business hours shall not exceed 40 individuals and the maximum number of employees shall not exceed 25 individuals. In addition, 36 parking spaces shall be maintained on-site at all times. 4. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district’s landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. The landscape plan shall also include landscape planters along the west property line. 5. Prior to the issuance of a Building Permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer/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.); 4 - 24 Resolution No. 2020-xx Page 7 of 7 b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses; c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable; e. If Developer/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. 4 - 25 This page left blank intentionally. 4 - 26 EXHIBIT 3 4 - 27 This page left blank intentionally. 4 - 28 CUP No. 2019-45 & VA No. 2019-061570 E. 17th Street Exhibit 3 - Vicinity Zoning & Aerial View © 2020 Digital Map Products. All rights reserved. 250 feet 4 - 29 This page left blank intentionally. 4 - 30 EXHIBIT 4 4 - 31 This page left blank intentionally. 4 - 32 CUP No. 2019-45 & VA No. 2019-06 1570 E. 17th Street Exhibit 4 – Site Photo 4 - 33 This page left blank intentionally. 4 - 34 EXHIBIT 5 4 - 35 This page left blank intentionally. 4 - 36 CUP No. 2019-45 & VA No. 2019-06 1570 E. 17th Street Exhibit 5 – Site Plan 4 - 37 This page left blank intentionally. 4 - 38 EXHIBIT 6 4 - 39 This page left blank intentionally. 4 - 40 CUP No. 2019-45 & VA No. 2019-06 1570 E. 17th Street Exhibit 6 – Floor Plan 4 - 41 This page left blank intentionally. 4 - 42 EXHIBIT 7 4 - 43 This page left blank intentionally. 4 - 44 group, inc.engineering OBSERVED PARKING STUDYEASTERSEALS ADULT DAY CARE City of Santa Ana 4 - 45 November 13, 2019 Mr. Mike Flory EASTERSEALS 1063 McGaw, Suite #100 Irvine, CA 92614 Subject: Easterseals Adult Care Center Observed Parking Analysis, City of Santa Ana Dear Mr. Flory: Introduction RK ENGINEERING GROUP, INC. (RK) is pleased to provide this parking review for the proposed Easterseals Adult Care Center to be located at 1570 East 17th Street in the City of Santa Ana. The project is proposing to occupy an existing one-story 10,215 square foot building. The building has a total of 36 dedicated parking spaces including two (2) handicap spaces, one (1) van accessible stall and one (1) loading zone stall. A site plan is provided in Exhibit A. The project is proposing to use 2,844 square feet of the building for assembly use, 2,780 square foot for adult care facility and 4,591 square foot of office use. It should be noted that the project is proposing to have twenty-five (25) employees on-site. The 4,591 square foot of office use is strictly used by the employees of the adult care facility. Based on a review of the City of Santa Ana Off-Street Parking Requirements, the project has a deficiency of seventeen (17) parking spaces per code. As a result, the City has requested a parking analysis in order to determine if adequate parking is provided on-site. This will be accomplished by obtaining parking demand data at similar use and applying a derived parking rate to the proposed use. Table 1 shows the parking requirements for the proposed Easterseals Adult Day Care center based on the City of Santa Ana Municipal Code (Section 14-1300 Off-Street Parking Requirements) 4 - 46 2 Table 1 City of Santa Ana Parking Code for Proposed Uses Floor Tenant S.F.2 Land Use Hours of Operation Percent of Gross Floor Area Parking Code1 Number of Spaces Required 1 Easterseal Adult Care Center Assembly Area 2,844 Adult Care Center Monday - Friday 8AM - 5PM 51%1 space for each 200 gfa 14 2 Easterseal Adult Care Center 2,780 Adult Care Center Monday - Friday 8AM - 5PM 49%1 space for each 200 gfa + 25 Staff 39 5,624 100%53 Parking Spaces Provided On-Site 36 Number of Parking Spaces Deficient Per Municipal Code -17 Percent of Parking Spaces Deficient Per Municipal Code -32.23% 2 S.F. Square Feet Total Required Parking 1 Parking rates obtained from City of Santa Ana Municipal Parking Code Section 41-1300 - Off Street Parking Spaces Proposed Adult Care Facility The Adult Day Center is an organized day program of therapeutic, social and health activities and services, provided to elderly persons or other persons with physical or mental impairments for the purpose of restoring or maintaining optimal capacity for self-care. Easterseals serves 1.4 million children and adults with disabilities and their families, offering a wide range of services at 74 affiliates nationwide. Easterseals changes the way the world defines and views disability by making profound, positive differences in people's lives every day, helping clients build the skills and access the resources they need to live, learn, work and play. The proposed adult care center will have a total of 25 staff member’s onsite at one time and is expected to have up to 40 participants. The majority of the employees are expected to use the City’s public transportation. It is understood that a majority of participants and staff members will not self-park on-site. A floor plan is located in Exhibit B. Prior to initiating the parking study, RK reviewed the parameters of the analysis with Ms. Selena Kelaher, AICP (City of Santa Ana, Planning Department). Based on the approved scope of work, an observed parking survey during a typical weekday operation from 7:00 AM to 6:00 PM at one-hour intervals is required at an off-site similar Easterseals use in order to demonstrate that proposed adult care center has an adequate amount of parking. As a result, the Easterseals Adult Day Care Facility at 1919 West Redondo Beach Boulevard in the City of Gardena was approved as an adequate site to determine the parking rate. 4 - 47 3 Observed Parking Survey Results Easterseals Adult Care Center, Gardena (Table 2) RK has conducted a detailed parking survey at an existing Easterseals adult care center with a similar use. Typical hourly parking demand at the Easterseals Adult Day Care Center located at 1919 West Redondo Beach Boulevard in the City of Gardena was surveyed on Tuesday, November 5th, 2019. The counts were collected from 7:00 AM to 6:00 PM at one- hour intervals. The parking counts were obtained during typical operations and weather conditions. The existing Easterseals adult care facility at Gardena is expected to have similar operating conditions. The Gardena site is adult day services only for adults with disabilities and provides the exact same services, as the proposed Santa Ana site. At the time of observed parking analysis, the total number of participants that were present at the site was forty (40) and the total employees that were presents at the time of observed parking survey was nineteen (19). The parking counts were conducted by an independent third party (Counts Unlimited, Inc.,). The number of parked cars was determined on an hourly basis. Detailed observed parking count raw data are provided in Appendix A. In order to determine the parking demand at the proposed facility, a parking rate (number of parked vehicles per number of participants) at the existing Easterseals Adult Day Care Center location was determined. Table 2 shows the observed parking survey results for the Easterseals adult care center in the City of Gardena. Table 2 Observed Parking Survey Results Easterseals Adult Care Center, City of Gardena Observed Peak Parking Demand1 Number of Participants Observed Peak Parking Rate per Participant Add 10% to the Observed Peak Parking Rate2 13 40 0.33 0.36 ¹Includes 19 staff members on site. 2Add 10% Factor for Potential Fluctuations in Parking Demand. Table 2 identifies the peak observed parking demand of 0.33 parking spaces per participant at the existing Easterseals Adult Day Care Center location. It should be noted that the 4 - 48 4 parking rate of 0.33 parking spaces per participant also includes 19 staff/employees present on-site at the time of observed parking survey. As a conservative analysis, an additional 10% is added to the parking demand to account for potential fluctuations in parking demand. As a result, a parking rate of 0.36 parking spaces per participant can be applied to the proposed Easterseals Adult Care Center at Santa Ana. It should also be noted that the parking rate includes staff parking. Projected Parking Demand at Easterseals Adult Care Center, Santa Ana (Table 3): The representatives of the project are proposing to have a total of twenty-five (25) employees and forty (40) participants at the proposed Easterseals adult care facility, in the city of Santa Ana. The difference between the employees between the two facilities is expected to be six (6). As a conservative analysis, by not taking any modal adjustments on the employee parking, additional six (6) parking spaces has been added. The parking rate of 0.36 parking spaces per participant and an additional 6 staff parking can be applied to the proposed Easterseals Adult Care Center. See Table 3 below for details: Table 3 Projected Parking at Easterseals Adult Care Center, Santa Ana Observed Peak Parking Rate per Participant Maximum Number of Participants Parking Spaces Required Additional Employee Parking Required (1 Space per Employee)1 Total Projected Parking Demand Total Parking Spaces Provided On-site Surplus Parking Spaces 0.36 40 14 6 20 36 16 1 The difference of 6 staff members has been added without modal adjustments as a conservative analysis. Projected Peak Parking Demand Findings: As per the Table 3, the proposed Easterseals Adult Care Center at Santa Ana requires a total of fourteen (14) parking spaces and the difference of six (6) staff parking requirement has been added. Hence the total parking demand for the proposed projects is expected to be twenty (20). The project provides a total of 36 parking spaces. As a result, a total of 16 parking spaces are available during peak parking demand times. 4 - 49 5 Conclusion Based on the results of the observed parking analysis, the proposed Easterseals Adult Care Center, in the City of Santa Ana has an adequate number of parking spaces during peak parking demand times to accommodate up to 40 participants and 25 employees. If you have any questions regarding this review or need further clarification, please contact us at (949) 474-0809. Sincerely, RK ENGINEERING GROUP, INC. Rogier Goedecke Darshan Shivaiah President Environmental Specialist II 4 - 50 Exhibits 4 - 51 engineeringgroup, inc.engineering Location MapExhibit A N 2871-2019-01 EASTERSEALS ADULT DAY CARE OBSERVED PARKING STUDY, City of Santa Ana, CA 4 - 52 engineeringgroup, inc.engineering Site PlanExhibit B N EASTERSEALS ADULT DAY CARE OBSERVED PARKING STUDY, City of Santa Ana, CA 2871-2019-01 4 - 53 ______________________________________________________________________________ Appendices 4 - 54 Appendix A Observed Parking Demand Count 4 - 55 Regular Spaces Handicap HC TransportParking Spaces242-267:00 AM00000%8:00 AM20028%9:00 AM10101142%10:00 AM11101246%11:00 AM11101246%12:00 PM12101350%1:00 PM10101142%2:00 PM11101246%3:00 PM12101350%4:00 PM11111350%5:00 PM400415%6:00 PM00000%1919 West Redondo Beach BlvdEasterseals Observed Parking StudyGardena, CATuesday, November 5th, 2019TimeZone 1Parking ZoneGrand TotalPercent OccupiedEasterseals.xlsx4 - 56 5- 1 5- 2 5- 3 5- 4 5- 5 5- 6 5- 7 This page left blank intentionally. 5- 8 EXHIBIT 1 5- 9 This page left blank intentionally. 5- 10 Ordinance No. NS-XXXX Page 1 of 17 LS 1.27.20 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Municipal Code (SAMC) requires updates periodically in order to gain compliance with new state or federal legislation. B. The City’s current accessory dwelling unit ordinance, NS-2940, was adopted on April 3, 2018. C. NS-2940 established in 2018, has been superseded by changes made to state accessory dwelling unit laws (Assembly Bill 68, Assembly Bill 587, Assembly Bill 670, Assembly Bill 881, and Senate Bill 13) that took effect January 1, 2020, and is no longer enforceable. These statutes impose new limitations on local authority to regulate accessory dwelling units (ADU) and junior accessory dwelling units (JADU). D. The proposed changes to the ADU and JADU development standards are proposed to comply with the new state legislation to allow greater flexibility in allowing these units. E. The proposed amendments would change the ADU ordinance to be in full compliance with state law by repealing the City's 2018 ADU ordinance, incorporating new state provisions, and introducing new tailored ADU and JADU regulations that recognize and protect the diversity of Santa Ana neighborhoods. F. The City desires to amend its local regulatory program for the construction of ADUs and JADUs that fully complies with sections 65852.2 and 65852.22 of the Government Code, and finds that the proposed ordinance promotes the public health, safety and welfare of the community. 5- 11 Ordinance No. NS-XXXX Page 2 of 17 G. The Planning Commission held a duly noticed public hearing on January 27, 2020 regarding this ordinance and recommended that the City Council adopt the amended ordinance. H. The City Council has held a duly noticed public hearing on this ordinance on March 3, 2020, and has considered all testimony presented thereto. Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15282(h), and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3: Section 41-11.1 of the Santa Ana Municipal Code is hereby amended to read as follows: An accessory dwelling unit is an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residential building. It shall includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family that the primary residential building dwelling is situated or will be situated on. It shall have the same meaning as that term is defined in California Government Code section 65852.2, as amended from time to time. Section 4: Sections 41-194 through Section 41-194.14 of the Santa Ana Municipal Code are hereby deleted and replaced with the new Sections 41-194 through Section 41- 194.6 to read as follows: Sec. 41-194. - Accessory Dwelling Units - Purpose. The purpose of this section is to establish regulations for the development of accessory dwelling units and junior accessory dwelling units as defined in this section and in California Government Code sections 65852.2 and 65852.22, or any successor statute. Sec. 41-194.1. - Definitions. As used in this section, the following words, terms or phrases have the following meanings: (1) “Accessory dwelling unit” and “ADU” means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. It shall have the same meaning as that term is defined in California Government Code section 65852.2, as amended from time to time. 5- 12 Ordinance No. NS-XXXX Page 3 of 17 (2) "Existing accessory structure" means an accessory structure, as defined in this chapter which was legally established and existing prior to May 4, 2018. (3) "Existing garage" means a building or portion of a building designed or used for parking or storage of motor vehicles that was legally established and existing prior to May 4, 2018. (4) “Junior accessory dwelling unit” and “JADU” means a unit that is no more than 500 square feet in size, contained entirely within the living area of a single-family residence, provides a cooking facility with appliances, food preparation counter and storage cabinets that are of reasonable size in relation to the unit, and has independent exterior access. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (5) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (6) “Mixed-Use” means a development that combines residential and commercial uses. (7) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (8) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Sec. 41-194.2. – Permitted Zones and Applicability. Table 41-194.2 shall be used to determine the Zoning Districts in which accessory dwelling units and junior accessory dwelling units are permitted — "P". If a Zoning District is not listed in Table 41-194.2 in this section, then the use is expressly not permitted. Additional provisions related to accessory dwelling units and junior accessory dwelling units are referenced in the “Additional Provisions” column of the table. Such provisions may include references to other applicable code sections or limitations. City of Santa Ana Municipal Code Table 41-194.2 P = Permitted by Right R1 R2 R3 R4 RE A1 SP SD Additional Provisions Accessory Dwelling Unit/Junior Accessory P P P P P P P P (A)(B)(C)(D)(E) 5- 13 Ordinance No. NS-XXXX Page 4 of 17 (A) ADUs and JADUs may be permitted in specific plan (SP) areas and specific development (SD) zoning districts where residential or mixed-use development is permitted. (B) The Executive Director of the Planning and Building Agency, or his/her designee, shall review and approve or deny ministerial permits for ADUs and JADUs upon determining whether the application submitted is complete, the proposed unit conforms to all requirements of this code, and a non-refundable application review fee in the amount established by the City Council, and amended from time to time, has been paid. Applications deemed incomplete or not in full conformance with the requirements of this code will be rejected. (C) Sites developed or proposed to be developed with a single-family residence shall not be permitted more than one (1) ADU. Sites developed with a multi-family residence may convert existing non-habitable building square footage to a minimum of one (1) ADU and a maximum that shall not exceed twenty-five (25) percent of the number of units on the site. Sites developed with a multi-family residence are permitted two (2) new construction, detached ADUs. (D) A maximum of one (1) JADU shall be permitted on a site developed or proposed to be developed with a single-family residence, unless the subject site proposes or contains an attached ADU. In such cases, a JADU shall not be permitted. The primary dwelling unit or the JADU shall be continuously occupied by at least one person having an ownership interest in the lot. (E) An ADU shall only be sold or otherwise conveyed separately from the primary dwelling on the site if the ADU was built or developed by a qualified non-profit corporation in accordance with Government Code Section 65852.26, as amended from time to time, and an affordable housing agreement is entered into by the applicant and the city. Sec. 41-194.3. – Development Standards The development standards in Table 41-194.3 shall be applicable to all accessory dwelling units and junior accessory dwelling units. Additional provisions related to accessory dwelling units and junior accessory dwelling units are referenced in the Dwelling Unit 5- 14 Ordinance No. NS-XXXX Page 5 of 17 “Additional Provisions” column of the table. Such provisions may include references to other applicable code sections or limitations. City of Santa Ana Municipal Code Table 41-194.3 Specific Regulations ADU JADU Additional Provisions Attached Detached Minimum Size 220 sq. ft. 220 sq. ft. 220 sq. ft. Maximum Size 1,000 sq. ft. 1,000 sq. ft. 500 sq. ft. (A)(B)(C) Maximum Height Same as primary building 16 ft. Same as primary building Minimum Side Yard Setback 4 ft. 4 ft. Same as primary building (D) Minimum Rear Yard Setback 4 ft. 4 ft. Same as primary building (D) Maximum Lot Coverage/Use Intensity Same as zoning district Same as zoning district Same as zoning district (E) Open Space 1,200 sq. ft. 1,200 sq. ft. - (F)(G) Separation from Primary Buildings - 15 ft. - (H) Separation from Accessory Buildings 5 ft. 5 ft. - (H) Minimum Parking 1 space 1 space - (I)(J) Tandem Parking Permitted Permitted Permitted Design Guidelines Apply Apply Apply Passageway - - - (A) Attached ADUs may be fifty (50) percent of the size of the habitable space of the primary dwelling on the site, not to exceed 1,000 square feet in size. (B) ADUs may not exceed 800 square feet in size in cases where both an ADU and JADU are developed or proposed on a site. (C) Existing accessory structures may be converted into an ADU and may be expanded by up to 150 square feet of the existing footprint to accommodate ingress and egress only. 5- 15 Ordinance No. NS-XXXX Page 6 of 17 (D) No minimum setback shall be required for an ADU constructed in the same location and to the same dimensions as an existing structure that encroached into a required setback that was demolished to construct the proposed unit. (E) Lot coverage and use intensity maximum established in zoning district may be exceeded to permit an ADU up to eight hundred (800) square feet in size. (F) Required open space may be reduced to permit an ADU up to eight hundred (800) square feet in size. (G) Shall be usable, continuous, non-front yard open-space, excluding driveways and parking areas. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. (H) Separation requirement may be reduced to permit an ADU up to eight hundred (800) square feet in size. Separation shall be measured from the nearest points between the structures. (I) No parking for the ADU is required if one or more of the following applies: 1. The ADU is located within one-half (1/2) mile walking distance of public transit. 2. The ADU is located within an architecturally and historically significant historic district. 3. The ADU is part of the existing primary dwelling or an existing accessory structure. 4. When on-street parking permits are required but not offered to the occupant of the ADU. 5. When there is a car share vehicle located within one (1) block of the ADU. (J) When an existing garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, replacement of those off-street parking spaces shall not be required. Sec. 41-194.4. – Historic Properties. ADUs and JADUs shall conform to the United States Secretary of Interior's Official Standards for the Treatment of Historic Properties. If the proposed ADU or JADU is 5- 16 Ordinance No. NS-XXXX Page 7 of 17 placed or constructed so as to result in a modification to or impact upon the existing historic resource on the parcel, a certificate of appropriateness shall be issued by the Historic Resources Commission upon the finding that the proposed unit conforms to the United States Secretary of Interior's Official Standards for the Treatment of Historic Properties and does not substantially change the character and integrity of the historic property. Sec. 41-194.5 Restrictive Covenant. Prior to issuance of a building permit for a JADU, a covenant consenting that either the primary dwelling unit or the JADU be owner-occupied shall be recorded against the title of the property in the County Recorder’s office and a copy filed with the Planning Division. Said covenant shall run with the land, and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that: 1. The JADU shall not be sold separately from the primary dwelling. 2. The unit is restricted to the approved size and attributes of this chapter. 3. The covenant restrictions run with the land and may be enforced against future purchasers. 4. The covenant restrictions may be removed if the owner eliminates the JADU. 5. The covenant restriction shall be enforced by the Director of Planning and Building or his or her designee for the benefit of the City of Santa Ana. Failure of the property owner to comply with the covenant restrictions may result in legal action against the property owner and the City shall be authorized to obtain any remedy available to it at law or equity, including but not limited to obtaining an injunction enjoining use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. Sec. 41-194.6. – Appeals of Executive Director decision. Any person wanting to appeal the determination of the Executive Director of the Planning and Building Agency, or his/her designee, to disapprove plans and drawings submitted pursuant to section 41-194, et seq., or to the standards of section 41-194, et seq., may file an application for a minor exception pursuant to Article V of this chapter. Sec. 41-194.7 – Applicability to other regulations. Accessory dwelling units and junior accessory dwelling units must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances and state and federal law. Should a conflict exist between the provisions of 5- 17 Ordinance No. NS-XXXX Page 8 of 17 this article and the provisions of other articles of Chapter 41 of this Code, the provisions of this article shall prevail. Sec. 41- 194. Purpose. The purpose of this section is to provide reasonable regulations for the development of accessory dwelling units on residentially zoned properties on lots developed or proposed to be developed with single-family residential dwellings. Such regulations are intended to mitigate potential impacts to neighborhoods and comply with the goals and policies of the City’s General Plan and comply with requirements codified in the state Planning and Zoning Law related to accessory dwelling units in residential areas, including California Government Code section 65852.2. Sec. 41-194.1 Definitions. As used in this section, the following words, terms or phrases have the following meanings: (1) “Attached accessory dwelling unit” means a residential dwelling unit that is attached to or located within the living area of an existing primary dwelling unit and that provides independent living, sleeping, eating, a single kitchen for cooking, and sanitation facilities for one or more persons. An attached accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code section 17958.1. (2) “Detached accessory dwelling unit” means a residential dwelling unit that is detached from the primary dwelling unit and that provides independent living, sleeping, eating, a single kitchen for cooking, and sanitation facilities for one or more persons. A detached accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code section 17958.1, and a manufactured home, as defined in section 18007. (3) “Existing accessory structure” means an accessory structure, as defined in this chapter, which was legally established and existing prior to adoption of this ordinance. (4) “Existing garage” means a building or portion of a building designed or used for parking or storage of motor vehicles that was legally established and existing prior to adoption of this ordinance. (5) “Living area” is defined as the interior habitable area of a dwelling unit, but not including a garage or any accessory structure. (6) “Primary dwelling” means an existing single-family residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities occupied and intended for one household. 5- 18 Ordinance No. NS-XXXX Page 9 of 17 Sec. 41-194.2 Applicability. (1) The development and design standards in this section shall be applicable to all accessory dwelling units. (2) The Director of the Planning and Building Agency, or his/her designee, shall review and approve, or deny ministerial permits for accessory dwelling units conforming to the time limits specified by Government Code Section 65852.2 or successor provision. Sec. 41-194.3 Permitted Zones. (1) Accessory dwelling units are permitted in all zoning districts or on a parcel within any Specific Plan in which residential uses are permitted; or, (2) In the Professional (P) zoning district where there is only one legally established single-family residence, the exclusive use of the property is residential, and the continuance of the residential use is not barred by Section 41-683. In such cases, the site shall comply with the development standards in the R1 zoning district. Sec. 41-194.4 Use Restrictions. (1) An accessory dwelling unit may be developed on a parcel that either: 1. Contains only one legally established single-family residence; or 2. Will have only one new detached single-family residence permitted concurrently with the accessory dwelling unit. (2) Only one accessory dwelling unit may be located on the lot. (3) The accessory dwelling unit shall not be sold separately from the primary dwelling. (4) The accessory dwelling unit shall not be rented for periods of less than thirty (30) days. (5) The primary dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot. Sec. 41- 194.5 General Development Standards. Accessory dwelling units shall comply with the following development standards, unless the accessory dwelling unit is described in subsection 41-194.8: 5- 19 Ordinance No. NS-XXXX Page 10 of 17 (1) Minimum Lot Area. A minimum lot area of six thousand (6,000) square feet shall be required in order to establish an accessory dwelling unit. (2) Maximum Size. The maximum size of an accessory dwelling unit living area shall not exceed seven hundred fifty (750) square feet or fifty (50%) percent of the size of the living area of the primary dwelling unit on the parcel, whichever is less, and contain no more than one (1) bedroom. (3) Minimum Size. The accessory dwelling unit shall contain no less than the 220 square feet in living area the City requires for an efficiency dwelling unit which is defined in Section 17958.1 of the Health & Safety Code. (4) Lot Coverage. The lot coverage for the parcel, as that term is defined in this chapter, shall not exceed the percentage specified in the underlying zoning district. (5) Design. The design of the accessory dwelling unit shall preserve the privacy of adjacent uses and be architecturally compatible to the design of the primary dwelling by use of similar materials and textures, window types, roofing materials and roof pitch, and shall comply with the adopted Citywide Design Guidelines. (6) Historic Properties. If an accessory dwelling unit is to be constructed on a parcel identified on the federal, state or local list of historic resources, the accessory dwelling unit shall conform to the United States Secretary of Interior's official Standards for the Treatment of Historic Properties. If the proposed accessory dwelling unit is placed or constructed so as to result in a modification of the existing historic resource on the parcel, a certificate of appropriateness shall be issued by the Historic Resources Commission upon the finding that the proposed accessory dwelling unit conforms to the United States Secretary of Interior’s official Standards for the Treatment of Historic Properties and does not substantially change the character and integrity of the historic property. (7) Open Space. A minimum of one thousand two hundred (1,200) square feet of usable, continuous, non-front yard open-space, excluding driveways and parking areas, shall be provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. (8) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purpose of this section, “passageway” shall mean a pathway that is unobstructed 5- 20 Ordinance No. NS-XXXX Page 11 of 17 clear to the sky and extends from a street to one entrance of the accessory dwelling unit. Sec. 41-194.6 Development Standards – Detached Accessory Dwelling Units. Detached accessory dwelling units shall comply with all provisions in Sec. 41-194.5, in addition to the following: (1) Setbacks. The accessory dwelling unit shall comply with the front and side yard setback standards prescribed in the zoning district, and shall have a rear yard setback of not less than ten (10) feet. (2) Maximum Height. A detached accessory dwelling unit shall not exceed fifteen (15) feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure. (3) Separation. There shall be a minimum of fifteen (15) feet separation between the primary dwelling unit and a detached accessory dwelling unit and a minimum of five (5) feet between a detached accessory dwelling unit and an accessory building. Separation shall be measured from the exterior wall of the primary dwelling unit or attached structure to the nearest wall of the accessory dwelling unit or attached structure. (4) Site Planning. A detached accessory dwelling unit shall be located behind the rear building line of the primary dwelling, and be clearly subordinate by location and size. Sec. 41-194.7 Development Standards – Attached Accessory Dwelling Units. Attached accessory dwelling units shall comply with all provision in Sec. 41-194.5, in addition to the following: (1) Setbacks. The accessory dwelling unit shall comply with the setback standards for primary dwellings prescribed in the zoning district. (2) Maximum Height. The height of an attached accessory dwelling unit shall not exceed the height limit applied to a primary dwelling unit in the underlying zoning district. (3) Exterior Stairs. An attached accessory dwelling unit shall have no exterior stairs. (4) Entrances. No attached accessory dwelling unit shall have an outside door on the primary elevation of the primary dwelling unit or an outside door that is visible from the street. Sec. 41-194.8 Development Standards – Conversion of an Existing Structure. An existing primary dwelling unit, existing accessory structure, or existing garage, or portion thereof, converted to an accessory dwelling unit is not subject to the 5- 21 Ordinance No. NS-XXXX Page 12 of 17 development standards of subsections 41-194.5 through 41-194.7 provided that the unit complies with all of the following requirements: (1) Conversion of an existing structure. Is contained within a single- family dwelling, accessory structure or garage that was legally established prior to the adoption of this ordinance; (2) Maximum Size. Is a maximum of seven hundred fifty (750) square feet of living area in size or fifty (50%) percent of the size of the living area of the primary dwelling unit on the parcel, whichever is less; (3) Minimum Size. Is no less than the minimum 220 square feet in living area the City requires for an efficiency dwelling unit which is defined in Section 17958.1 of the Health & Safety Code; (4) Setbacks: The side and rear setbacks of the accessory dwelling unit comply with building code provisions related to life and fire safety. (5) Independent Access. Has independent exterior access from the existing residence, which shall not be located on the primary elevation of the primary dwelling; (6) Independent Living Facilities. Has independent living, sleeping, eating, a single kitchen for cooking, and sanitation facilities for one or more persons; and, (7) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purpose of this section, “passageway” shall mean a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. Sec. 41-194.9 Parking. All accessory dwelling units must meet the following parking standards in addition to the required off-street parking for the primary dwelling on the site. (1) One (1) parking space shall be provided for all accessory dwelling units regardless of number of bedrooms, unless the accessory dwelling unit is constructed as a studio without bedrooms, in which case no parking is required. (2) When an existing garage is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, replacement garage spaces for the primary dwelling unit shall not be required. Sec. 41-194.10 Parking Exceptions. No off-street parking shall be required for an accessory dwelling unit in any of the following circumstances: 5- 22 Ordinance No. NS-XXXX Page 13 of 17 (1) The accessory dwelling unit is located within one-half mile of public transit. For the purposes of this section “public transit” shall mean a bus stop with fixed route express bus service that provides transit service at 15-minute intervals or better during peak commute periods. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary dwelling or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. For the purposes of this section, “car-share vehicle” shall mean part of an established program intended to stay in a fixed location for at least 10 years and available to the public. Sec. 41-194.11 Non-conforming Properties. (1) Legal nonconformities of the existing primary dwelling, except for legal nonconformities related to the parking standards of this chapter, shall be allowed to remain provided nonconformities are not expanded or any new nonconformities are created. (2) A lot shall comply with the current parking standards of this chapter prior to or concurrent with the establishment of an accessory dwelling unit. Sec. 41-194.12 Restrictive Covenant. Prior to issuance of a building permit for an accessory dwelling unit, a covenant consenting that either the primary dwelling unit or the accessory dwelling unit shall be owner-occupied shall be recorded against the title of the property in the County Recorder’s office and a copy filed with the Planning Division. Said covenant shall run with the land, and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that: (1) The accessory dwelling unit shall not be sold separately from the primary dwelling. (2) The unit is restricted to the approval size and attributes of this chapter. (3) The covenant restrictions run with the land and may be enforced against future purchasers. (4) The covenant restrictions may be removed if the owner eliminates the accessory dwelling unit. 5- 23 Ordinance No. NS-XXXX Page 14 of 17 (5) The covenant restriction shall be enforced by the Director of Planning and Building or his or her designee for the benefit of the City of Santa Ana. Failure of the property owner to comply with the covenant restrictions may result in legal action against the property owner and the City shall be authorized to obtain any remedy available to it at law or equity, including but not limited to obtaining injunction enjoining use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit. Sec. 41-194.13 Appeals of planning manager or zoning administrator decision. Any person aggrieved by a determination of the planning manager to disapprove plans and drawings submitted pursuant to section 41-194, et seq., may file an application for a minor exception which shall be heard by the zoning administrator pursuant to Article V of this chapter. Such application may include a request to vary from the standards of section 41-194, et seq. The decision of the zoning administrator on such application may be appealed to the planning commission pursuant to said Article V. Sec. 41-194.14 Applicability to other regulations. The provisions of this article are not intended to provide exclusive regulation of accessory dwelling units. Such uses must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances and state and federal law. Should a conflict exist between the provisions of this article and the provisions of other articles of Chapter 41 of this Code, the provisions of this article shall prevail. Section 5. Section 41-239 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-239. - Development standards in the R1 district. Lots in the R1 district shall comply with the following standards: (a) Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. (b) Side yards shall be completely landscaped, except a walkway or driveway may encroach into required side yard. (c) Driveways shall lead to a garage and not exceed the width of such garage or fifty (50) percent of the lot width at the street, whichever is less. There shall be no parking of vehicles in the front yard except in such driveways. This subsection shall not apply to driveways that are widened in accordance with Section 41-194 of this code. (d) Garages facing the street shall occupy no more than fifty (50) percent of the lot width. 5- 24 Ordinance No. NS-XXXX Page 15 of 17 (e) Porte-cocheres shall be architecturally integrated with the structure and may encroach up to the side property line located on a driveway that leads to the garage. A two-car garage must be provided prior to approval of a porte-cochere. (1) A porte-cochere shall not exceed twenty-five (25) feet in length. (2) Porte-cocheres shall comply with the setbacks established for the building it is attached to, except that the side yard setback may be reduced to three (3) feet. On corner lots the side yard setback on the street side shall be no less than ten (10) feet. (f) Accessory buildings shall not exceed thirty-five (35) percent of the required rear yard area. This subsection shall not apply to accessory dwelling units. (g) An accessory building shall be not less than five (5) feet from a main building. (h) Maximum square footage of accessory building shall not exceed fifty (50) percent of the main structure square footage. Required detached garages may exceed fifty (50) percent of the main structure square footage, but shall not exceed four hundred forty (440) square feet for a two-car garage, six hundred forty (640) square feet for a required three-car garage and eight hundred forty (840) square feet for a required four-car garage. Section 6. Section 41-681.3 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-681.3. - Rehabilitation of multiple-family dwellings. Rehabilitation of a nonconforming building which is a multiple-family dwelling, including structural alteration and/or enlargement, is permitted subject to the following limitations: (1) There shall be no enlargement which would intrude into any required yard. (2) There shall be no enlargement which would result in a new nonconformity with the requirements of this chapter. (3) There shall be no increase in the number or size of bedrooms unless the site on which the building is located will be in conformance with the off- street parking requirements of this chapter. 5- 25 Ordinance No. NS-XXXX Page 16 of 17 (4) For the purpose of this section, the limitations listed in subsections (1), (2), and (3) shall not apply to accessory dwelling units as defined and regulated in Section 41-194 of this Chapter. Existing non-conformities on a property, otherwise eligible, shall not disqualify it from building an accessory dwelling unit(s). Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this ______ day of ______________, 2020. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers __________________________________ NOES: Councilmembers __________________________________ ABSTAIN: Councilmembers __________________________________ NOT PRESENT: Councilmembers __________________________________ 5- 26 Ordinance No. NS-XXXX Page 17 of 17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, 2020, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana 5- 27 This page left blank intentionally. 5- 28