HomeMy WebLinkAbout75A - PUBLIC HEARING ENVIORMENTAL REVIEW NO 2018-28REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 17, 2020
TITLE:
PUBLIC HEARING — ENVIRONMENTAL
REVIEW NO. 2018-28, AMENDMENT
APPLICATION NO. 2019-03 AND
CONDITIONAL USE PERMIT NO. 2019-21
FOR A PROPOSED 7-ELEVEN
CONVENIENCE STORE AND SERVICE
STATION LOCATED AT 813 NORTH
EUCLID STREET
CLERK OF COUNCIL USE ONLY:
U1a,1.1000 W
❑ As Recommended
❑ As Amended
❑ Ordinance on 1"Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
/s/Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Adopt a resolution approving Mitigated Negative Declaration and Mitigation Monitoring
Reporting Program, Environmental Review No. 2018-28.
2. Adopt an ordinance approving Amendment Application No. 2019-03 to change the zoning
designation from Two -Family Residence (R-2) to Community Commercial (C-1).
3. Adopt a resolution approving Conditional Use Permit No. 2019-21 as conditioned.
PLANNING COMMISSION ACTION
On February 10, 2020, the Planning Commission voted 5:0 (Contreras -Leo and Garcia absent) to
recommend that the City Council approve and adopt the mitigated negative declaration,
amendment application and conditional use permit to allow the construction of a 3,045-square foot
convenience store and an eight pump service station for 7-Eleven at 813 North Euclid Street
(Exhibit 4).
DISCUSSION
Adan Madrid with ASI Development, representing 7-Eleven, Inc., is requesting approval of an
Amendment Application (AA) to change the zoning of the subject site from Two -Family Residential
(R-2) to Community Commercial (C-1) to facilitate the construction of a new convenience store and
service station. Additionally, the request includes a Conditional Use Permit (CUP) to allow the
convenience store to operate 24-hours per day, seven days per week. In accordance with the
California Environmental Quality Act, an initial study and mitigated negative declaration (IS/MND) was
prepared for this project. Approval and adoption of the MND and Mitigation Monitoring and Reporting
Program (MMRP) is required by the City Council.
75A-1
AA No. 2019-03, CUP No. 2019-21: 813 North Euclid Street
March 17, 2020
Page 2
Staff is recommending approval of the project to facilitate redevelopment of a vacant site with a
convenience store and gas station that will be compatible with the surrounding community and
generate sales tax revenue for the City.
Protect Description
The applicant is proposing to construct a new 3,045-square-foot 7-Eleven convenience store and
service station with four fueling stations that will accommodate eight vehicles. The project also
includes construction of a 1,800-square foot canopy and surface parking lot with 16 parking spaces
and approximately 5,937 square feet of landscaping. Site access will be provided via two driveways,
one located on Euclid Street and the other located on Hazard Avenue. The 7-Eleven convenience
store is proposing to operate 24-hours per day, seven days per week.
The architecture of the convenience store follows a modern contemporary style found at other 7-
Eleven locations and features stone and stucco finishes, steel canopies, and trellises. The gas station
canopy also features the same finishes and style.
Project Analysis
Amendment Application (Zone Change)
The applicant is requesting approval of an AA to change the zoning of the subject property from R-2
to C-1. The zone change will allow for a convenience store (retail) and a service station and will be
consistent with the City's General Plan land use designation of General Commercial (GC). The
existing R-2 zoning limits the use of the subject site to primarily residential uses, while the C-1 zoning
will allow the retail and service station by right (Exhibit 2).
The 1998 General Plan land use map designates the subject properties as GC, with the C-1
designation being a compatible zoning district with the General Plan. The GC designation applies to
commercial corridors in Santa Ana, including those located along Euclid Street. The GC districts are
key components in the economic development of the City and provide visible and accessible
commercial developments along the City's transportation corridors. In addition, the GC land use
designation is intended to provide important neighborhood facilities and services, including shopping,
recreation, cultural and entertainment activities, employment, and educational uses. It is also intended
to provide support facilities and services for residential areas such as office and retail, restaurants
and various other services, including the proposed service station and convenience store.
Conditional Use Permit for Afterhours
The applicant is requesting approval of a CUP to allow the proposed convenience store to operate
on a 24-hour per day, seven days per week basis, which is typical for a 7-Eleven store. Pursuant to
SAMC Section 41-365.5(h), retail markets having less than twenty thousand (20,000) square feet
of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. require
approval of a CUP. Should the AA be approved, a CUP for after-hours operation will be required.
The purpose of regulating after-hours operations is to preserve the surrounding community
characteristics and minimize any negative secondary impacts. The project site is bounded by multi-
family residential to the north, a Buddhist temple and residential uses to the east, single-family and
multi -family residential to the west, and a two-family residence to the south. To minimize nuisance
impacts to the surrounding uses, staff has included conditions of approval that require the air/water
75A-2
AA No. 2019-03, CUP No. 2019-21: 813 North Euclid Street
March 17, 2020
Page 3
machine be shut-off between the hours of 10:00 p.m. and 7:00 a.m. and to plant a row of Italian
cypress trees along the southern perimeter of the property to provide additional screening to the
residential uses (Exhibit 3).
The proposed hours of operation are consistent with other convenience stores and service stations
along the Euclid Street corridor. The proposed after-hours operations will provide an ancillary service
to the community and individuals seeking to fuel their vehicles, have a morning coffee and/or snack,
especially for those residents and commuters who wake up early for work. In addition, this promotes
a balance of land uses that assist in enhancing the City's economic and fiscal viability. As conditioned,
the proposed after-hours operations will not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity. Furthermore, the new convenience store and service
station will help activate and enhance the area and will generate property and sales tax revenue for
the City.
ENVIRONMENTAL IMPACT
As part of the City's permitting process, the proposed project is required to undergo an environmental
review per the California Environmental Quality Act (CEQA). In accordance with CEQA, the
recommended actions have been reviewed through an Initial Study/Mitigated Negative Declaration
(ER No. 2018-28) (Exhibit 1). Sections 15070 through 15075 of the State CEQA Guidelines (Article
6) guide the process for the preparation of a negative declaration (ND) or mitigated negative
declaration (MND).
The MND prepared for the project contains a project description, project location map and findings
that the project with mitigation will not have a significant effect on the environment. The scope of the
MND evaluates the proposed project's effects on the following resource topics: aesthetics, agricultural
resources, air quality, biological resources, cultural resources, geology and soils, greenhouse gas
emissions, hazards and hazardous materials, hydrology and water quality, land use, mineral
resources, noise, population and housing, public services, recreation, transportation and traffic,
and utilities and service systems.
The City hired a consultant to draft the MND and circulated it to all interested or required parties
listed on the City's distribution list on January 6, 2020. A notice of intent to adopt was also
published in the Orange County Reporter on January 6, 2020. The City circulated the draft MND
for a 20-day public review between January 6, 2020 and January 26, 2020. The draft MND was
available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on
the City's webpage created for the project.
This MND is intended to provide a means to receive and respond to comments pertaining to the
analysis contained in the draft MND and to provide an opportunity for clarification, corrections, or
minor revisions to the environmental document as needed. As a result of the environmental analysis,
no areas of significant impacts were found from the construction of the proposed project. Mitigation
measures have been provided to address potential environmental impacts, with a list of these
mitigation measures found within the Mitigation Monitoring and Reporting Program. Mitigation
measures have been outlined to address potential impacts on cultural and tribal cultural resources,
geology and soils, hazards and hazardous materials, noise, and transportation/traffic.
75A-3
AA No. 2019-03, CUP No. 2019-21: 813 North Euclid Street
March 17, 2020
Page 4
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal No. 3 - Economic Development,
Objective No. 2 (create new opportunities for business/job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
ECONOMIC DEVELOPMENT
The project will generate a combination of property tax revenue, sales tax revenue, and temporary
and permanent jobs for the community. Property tax revenue will increase as the vacant lot will be
redeveloped with a new convenience store and service station and the total net value of the property
will also increase. According to the most recent tax roll, the property is currently valued at $1,700,000
resulting in approximately $19,128 in annual property tax. Upon completion, the property is estimated
to be valued at approximately $3,500,000. The construction of the project will require that permit fees
are paid to the City and there will be temporary construction jobs. According to the plan check
submittal, a total of $22,000 was collected for permit fees, with the improvements estimated at
approximately $606,000. Based on sales volume estimates provided by 7-Eleven, the location will
provide additional sales tax revenue to the City that is estimated to be over $30,000 annually. In
addition, 7-Eleven estimates 10 new job opportunities will be created at this specific location.
Minh Thai
Executive Director
Planning and Building Agency
Exhibits: 1. Resolution for Mitigated Negative Declaration & Mitigation Monitoring and Reporting
Program
2. Amendment Application Ordinance
3. After -Hours CUP Resolution
4. February 10, 2020 Planning Commission Staff Report
75A-4
EXHIBIT 1
LS 3.17.20
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
75A-5
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.
On February 10, 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 March 17, 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
75A-6
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 March 17, 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
any other federal, state or local constitution, statute, law, ordinance, charter, rule,
75A-7
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: - A
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 12020.
Date:
Clerk of the Council
City of Santa Ana
75A-8
EXHIBIT A
Mitigated Negative Declaration, Environmental Review No. 2018-28 and Mitigation
Monitoring and Reporting Program
Online:
https://www.santa-ana.orglpb/planning-divisioalmajor-planning-prof ects-and-documentsleuclid-
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
75A-9
EXHIBIT 2
LS 3.17.20
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 February 10, 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 March 17, 2020.
G. The City Council also adopts as findings all facts presented in the Request
for Council Action dated March 17, 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
Ordinance No. NS-XXXX
75A-10 Page 1 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 March 17, 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 (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
Ordinance No. NS-XXXX
75A-11 Page 2 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.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:,&4 .0
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Miguel A. Pulido
Mayor
75A-12
Ordinance No. NS-XXXX
Page 3 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
Ordinance No. NS-XXXX
75A-13 Page 4 of 4
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Exhibit:
75A-14
EXHIBIT 3
LS 3.17.20
RESOLUTION NO. 2020-xx
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
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 February 10, 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 March 17, 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.
Resolution No. 2020-xx
75A-15 Page 1 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
Resolution No. 2020-xx
75A-16 Page 2 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
Resolution No. 2020-xx
75A-17 Page 3 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 February 10, 2020, the Request for City Council
Action dated March 17, 2020, and exhibits attached thereto; and the public testimony,
written and oral, all of which are incorporated herein by this reference.
Resolution No. 2020-xx
Page 4 of 9
75A-18
ADOPTED this day of
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By://c
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
2020.
Miguel A. Pulido
Mayor
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
75A-19
Resolution No. 2020-xx
Page 5 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
Resolution No. 2020-xx
75A-20 Page 6 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.
Resolution No. 2020-xx
Page 7 of 9
75A-21
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 doorjamb
of all doors used by the public to access the store. Horizontal marks, one -inch
wide by three -inches long, in different colors, and in a contrasting color to the
Resolution No. 2020-xx
75A-22 Page 8 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.
Resolution No. 2020-xx
Page 9 of 9
75A-23
EXHIBIT 4
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
FEBRUARY 10, 2020
TITLE:
PUBLIC HEARING — ENVIRONMENTAL REVIEW
NO.2018-28, AMENDMENT APPLICATION
NO. 2019-03, AND CONDITIONAL USE PERMIT
NO. 2019-21 FOR A PROPOSED 7-ELEVEN
CONVENIENCE STORE AND SERVICE STATION
LOCATED AT 813 NORTH EUCLID
STREET (STRATEGIC PLAN NO. 3,2)
Prepared by Ivan Orozco
o
Executive Director
RECOMMENDED ACTION
Recommend that the City Council:
PLANNING COMMISSION SECRETARY
APPROVED
❑
As Recommended
❑
As Amended
❑
Set Public Hearing For
DENIED
❑
Applicant's Request
❑
Staff Recommendation
CONTINUED TO
Pla g M Lager
Adopt a resolution approving Mitigated Negative Declaration and Mitigation Monitoring
Reporting Program, Environmental Review No. 2018-28.
2. Adopt an ordinance approving Amendment Application No. 2019-03 to change the zoning
designation from Two -Family Residence (R-2) to Community Commercial (C-1).
3. Adopt a resolution approving Conditional Use Permit No. 2019-21 as conditioned.
Executive Summary
Adan Madrid with ASI Development, representing 7-Eleven, Inc., is requesting approval of an
Amendment Application (AA) to change the zoning of the property from Two -Family Residential (R-
2) to Community Commercial (C-1) to facilitate the construction of a new 3,045-square-foot
convenience store (7-Eleven) and service station at 813 North Euclid Street. Additionally, the request
includes approval of a conditional use permit (CUP) to allow the convenience store to operate 24-
hours per day, seven days per week. In accordance with the California Environmental Quality Act, an
initial study and mitigated negative declaration (IS/MND) was prepared for this project. Approval and
adoption of the MIND and Mitigation Monitoring and Reporting Program (MMRP) is required by the
City Council.
Staff is recommending approval of the project to facilitate redevelopment of a vacant site with a
convenience store and gas station that will be compatible with the surrounding community and
generate sales tax revenue for the City.
75A-24
ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven
February 10, 2020
Page 2
Proiect Description
The applicant is proposing to construct a new 3,045-square-foot 7-Eleven convenience store and
service station with four fueling stations that will accommodate eight vehicles. The project also
includes construction of an 1,800-square foot canopy and surface parking lot with 16 parking spaces
and approximately 5,937 square feet of landscaping. Site access will be provided via two driveways,
one located along Euclid Street and the other located along Hazard Avenue. The 7-Eleven
convenience store is proposing to operate 24-hours per day, seven days per week.
Table 1: Project and Location Information
±d,
Project Address
813 North Euclid Street
Nearest Intersection
Euclid Street and Hazard Avenue
General Plan Designation
General Commercial
Existing Zoning Designation
Two -Family Residence (R-2)
Proposed Zoning Designation
Community Commercial (C-1)
Surrounding Land Uses
North
Multi -Family Residential
East
Religious Institution
South
Two-Family/Multi-Family Residential
West
Two-Family/Multi-Family Residential
Property Size
28,091 square feet (0.65 acres)
Existing Site Development
The site is currently vacant
Use Permissions/Proposed
Development
A 3,045-square-foot convenience store subject to approval of a zone change
from R-2 to C-1
After -Hours to operation subject p 1 approval of a CUP
Zoning Code Sections
Affected
Uses
SAMC Sections 41-365(a), 41-365(q) and 41-
365.5(h)
Development &
Operational Standards
SAMC Sections 41-367 to 41-374
Entitlements
SAMC Chapter 41, Article V, Division I and Division II
The architecture of the convenience store follows a modern contemporary style found at other 7-
Eleven locations and features stone and stucco finishes, steel canopies, and trellises. The gas station
canopy also features the same finishes and style. Tables 2A and 2B provide a detailed comparison
of the project's compliance with the applicable land use and development standards.
Table 2A: Land Use Standards
(SAMC�Sec �1 365 and+ti 3�65 5� ` a,
u,Pr„o osedJLand�Jse,m,
Convenience Store and Service Station Subject to approval of the Amendment Application
75A-25
ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven
February 10, 2020
Page 3
Retail markets having less than twenty
thousand (20,000) square feet of floor area Subject to approval of a Conditional Use Permit
which are open at any time between the
hours of 12:00 midnight and 5:00 a.m.
Table 213: Development Standards
$AW -' .,, ....
Front yard and Side yard street
15 feet minimum
Complies; 15 feet
Side yard (interior)
None
Complies; 6 feet, 9 inches
Rear yard
None
Complies; 0 feet
Lot Size & Frontage
15,000 sq. ft. and 120 feet of street
frontage
Complies; 28,091 square feet and
324 feet of frontage
Building height
35 feet maximum
Convenience Store: Complies; 24
feet, 4 inches
Gas Station Canopy: Complies; 22
feet, 5 inches
Off-street Parking
15 parking spaces
Complies; 16 spaces
Floor Area Ratio (FAR)
0.50 FAR maximum
Complies; 0.17 FAR
Driveway Width
(service station
35 feet maximum
Complies; 25 feet
Monument Sign
1 monument sign maximum
Complies; 1 monument sign
Project Background and Chronology
Planning Commission Action
On January 27, 2020, the Planning Commission held a public hearing to consider the applicant's
proposed development. After staff's presentation and public testimony, the Planning Commission
voted to continue the item for two weeks in order for staff to provide the Commission with additional
information pertaining to vehicular circulation, perimeter fencing, landscaping, lighting, and site
security.
The approved Traffic Impact Analysis (TIA) for the project concludes that the project driveways
would operate safely provided vehicles entering the site on Euclid Street are limited to right -in and
right -out movements only. Vehicles utilizing the Hazard Avenue driveway are permitted to make
both left and right turns to enter and exit the site. The TIA analysis also notes the future installation
of future bikeway master plan improvements along Euclid Street and Hazard Avenue as well as
project -specific off -site improvements. These improvements include removal and reconstruction of
sidewalks on both streets to improve pedestrian walkability and the reconstruction of a new ramp
and curve at the northwest corner to help reduce the speed of vehicles turning right from Euclid
Street to Hazard Avenue. The TIA also notes Hazard Avenue will be restriped in order to provide
an exclusive eastbound right -turn lane before crossing Euclid Street when headed eastbound.
75A-26
ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven
February 10, 2020
Page 4
The subject site currently provides a six-foot tall CMU perimeter wall along the east and south
property lines that will be increased to seven feet in height. To address concerns raised about the
perimeter wall, a condition of approval has been added requiring all new and existing walls be
coated with anti -graffiti paint. The condition also notes that vines are to be planted along the
length of all walls to reduce the surface available for graffiti. Additionally, the condition also
requires a row of Italian cypress trees to be plated five feet of center along the southern perimeter
to provide additional screening to the residential structures adjacent to the site. Furthermore, all
onsite lighting will need to be reviewed and approved by the Police Department during plan check
via the submittal and review of a photometric plan. All new light fixtures will be required to
incorporate a deflector shield to eliminate light intrusion onto residential uses to the south and the
religious use to the east. Finally, it was determined that future calls for service at the site are
anticipated to be minimal and will not result in a burden on the Police Department, and that 7-
Eleven is a national chain that has established systems and processes in place to address security
concerns, and that because the project is not located in a high crime area, a security plan would
not be needed for the project.
Background
The existing lot has been vacant since 1987, when the previous service station ceased and all
structures and facilities were removed. Prior to the proposed development, the property was
considered for a medical office building in 2015. In March 2018, the Planning Division received the
current development application and has been working with the applicant to refine the site plan
and building design.
In accordance with the Sunshine Ordinance, the applicant held a community meeting on May 12,
2018 to review the proposed development and receive feedback from the community. One member
of the public attended. There were no concerns expressed regarding the operation of the service
station besides the sale of alcoholic beverages. It was noted that the sale of alcoholic beverages
at this location is not allowed per the City's alcoholic beverage ordinance.
Project Analysis
Amendment Application (Zone Change)
The applicant is requesting approval of an AA to change the zoning of the subject property from R-2
to C-1. The zone change will allow for a convenience store (retail) and a service station and will be
consistent with the City's General Plan land use designation of General Commercial (GC). The
existing R-2 zoning limits the use of the subject site to primarily residential uses, while the C-1 zoning
will allow the retail and service station by right.
The 1998 General Plan land use map designates the subject properties as GC, with the C-1
designation being a compatible zoning district of the General Plan. The GC designation applies to
commercial corridors in Santa Ana, including those located along Euclid Street. The GC districts are
key components in the economic development of the City and provide visible and accessible
75A-27
ER No. 2018-28, AA No
February 10, 2020
Page 5
2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven
commercial developments along the City's transportation corridors. In addition, the GC land use
designation is intended to provide important neighborhood facilities and services, including shopping,
recreation, cultural and entertainment activities, employment and educational uses. It is also intended
to provide support facilities and services for residential areas such as office and retail, restaurants
and various other services, including the proposed service station and convenience store.
Conditional Use Permit for After-hours Operation
The applicant is requesting approval of a CUP to allow the proposed convenience store to operate
on a 24-hour per day, seven days per week basis, which is typical for a 7-Eleven store. Pursuant to
SAMC Section 41-365.5(h), retail markets having less than twenty thousand (20,000) square feet
of floor area which are open at anytime between the hours of 12:00 midnight and 5:00 a.m. require
approval of a CUP. Should the AA be approved, a CUP for after-hours operation will be required.
The purpose of regulating after-hours operations is to preserve the surrounding community
characteristics and minimize any negative secondary impacts. The project site is bounded by multi-
family residential to the north, a Buddhist temple and residential uses to the east, single-family and
multi -family residential to the west, and a two-family residence to the south. To minimize nuisance
impacts to the surrounding uses, staff is recommending that the air/water machine be shut-off
between the hours of 10:00 p.m. and 7:00 a.m., which is also added as a condition of approval for
the after-hours CUP.
The proposed hours of operation are consistent with other convenience stores and service stations
along Euclid Street. The proposed after-hours operations will provide an ancillary service to the
community and individuals seeking to have a morning coffee and/or snack, especially for those
residents and commuters who wake up early for work. In addition, this promotes a balance of land
uses that assist in enhancing the City's economic and fiscal viability. As conditioned, the proposed
after-hours operations will not be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity. Furthermore, the new convenience store and service station will
help activate and enhance the area and will generate property and sales tax revenue for the City.
Table 3: Police Department Analysis and Criteria for Recommendation
x,�s> t ` � hoficeDe ar�rltentAn I�t aandCnterrafor �� �'
Recomrr�ehdat�on �
p �ysS a �,
Police Grid No., Rank,
Police Grid No. 25; ranked 59 out of 102 Police Reporting Grids�(57th percentile); 252
and Incidents
incidents (376 average incidents in Citywide police rids
Threshold for High
539 incidents = 20% threshold; This reporting district is below the 20 percent
Crime
threshold established by the State for high crime.
The Police Department contends that the operational standards applicable to after -
Police Department
hours operation will mitigate any potential impacts to the surrounding community and
Recommendation
therefore does not oppose the granting of a CUP.
The Police Department reviews conditional use permit applications for after-hours operation in order
to ensure that the potential crime and nuisance behaviors associated with 24-hour operations are
75A-28
ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven
February 10, 2020
Page 6
mitigated to the greatest extent possible. The Police Department has reviewed this application and
has no objection granting the CUP for after-hours operation. The subject site is not located in the
highest percentile for crime and through the review of calls for service in the last 365 days, the site
has only received two calls, both of which were related to transient activity. In addition, the calls for
service are not reflective of the proposed business or operations as the site is currently vacant.
Based on available crime statistics for this location, the site is not located within an area considered
to be high in crime. The Police Department requires standard preventive measures for crime
deterring to be established in sites such as this one. The items required by the Police Department
include access to a closed circuit television system for the inside and outside of the store and site,
door markers, timed -access cash vaults, appropriate interior and exterior lighting levels, and un-
obstructed glass at the storefront. The Police Department contends that these standard preventive
measures, and the location being outside of a high crime area, will provide adequate security
measures.
Finally, 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. The 7-Eleven service station and convenience store will provide a one -stop shop option
for late -night or early morning needs for Santa Ana residents and visitors. Furthermore, Policy 2.9
of the Land Use Element supports developments that create a business environment that is safe
and attractive. The conditions of approval for this CUP will maintain a safe and attractive
environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages
development that is compatible with and supporting of surrounding land uses. The 7-Eleven
service station and convenience store is located on a major arterial thoroughfare and its operations
will be compatible with other commercial uses in the near vicinity.
Table 4: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach
� ' ' jt CE , Strate
is Pfan:A r nmen ,`jand Putblic,Notificaton
u
°��tY,�z��CEQA
�.,
A Mitigated Negative Declaration (MND), Environmental Review No. 2018 28, with
technical studies was prepared for the project. No areas of unavoidable impacts were
determined from the construction or operation of the proposed project (Exhibit 12). The
CEQA Type
project requires adoption and approval of a Mitigation Monitoring and Reporting Program
(MMRP), which contains mitigation measures to address cultural and tribal cultural
resources, geology and soils, hazards and hazardous materials, noise, and
transportation/traffic. The Planning Commission will consider this MND in their review of
the project.
On January 6, 2020, the draft MND was circulated to interested parties for 20 days and
the notice of intent (NOI) was published in the Orange County Register and posted with
Public Circulation
the County of Orange Clerk. The draft MND is available for public review at the Santa
Ana City Hall, City of Santa Ana Main Library, and on the project's webpage on the City's
website.
Sr�ii�§fcNh,Ahn[fleiit' °. ,
Goal(s), Policy or
Approval of this item supports Goal No. 3 (Economic Development) Objective No. 2
Policies
(Create new opportunities for business/job growth and encourage private development
through new General Plan and Zoning Ordinance policies) of the City's Strategic Plan.
75A-29
ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven
February 10, 2020
Page 7
Pub(t No4ifratfott $ Ci'"rHmurai#yblltreacli.' �
Site posting
A public notice was posted on the project site on January 17,
2020.
Notification by mail was sent to all property owners and
Required Measures
Notification by mail
occupants within 500 feet of the project site on January 17,
2020.
Newspaper posting
Newspaper posting was published in the Orange County
Register on January 17, 2020.
Sunshine Meeting
A Sunshine Ordinance Community Meeting was held on Saturday May 12, 2018 from
10:00 a.m. to 11:00 a.m. at the Salgado Center (706 N. Newhope Street) in accordance
with the provisions of the City's Sunshine Ordinance. One member of the public attended.
The applicant provided all the required information to the City after the meeting (Exhibit
11).
The Riverview West Neighborhood Association was contacted to identify any areas of
Additional Measures
concern due to the proposed project. At the time this report was printed, no issues of
concern were raised regarding the proposed project.
As part of the City's permitting process, the proposed project is required to undergo an environmental
review in accordance with the California Environmental Quality Act (CEQA). In accordance with
CEQA, the recommended actions have been reviewed through an Initial Study/Mitigated Negative
Declaration (ER No. 2018-28). Sections 15070 through 15075 of the State CEQA Guidelines (Article
6) guide the process for the preparation of a negative declaration (ND) or mitigated negative
declaration (MND).
The MND prepared for the project, as required by CEQA, contains a project description, project
location map and findings that the project with mitigation will not have a significant effect on the
environment. A copy of the initial study and mitigation measures to avoid potentially significant effects
has been prepared (Exhibit 12). The scope of the MND evaluates the proposed project's effects on
the following resource topics: aesthetics, agricultural resources, air quality, biological resources,
cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous
materials, hydrology and water quality, land use, mineral resources, noise, population and housing,
public services, recreation, transportation and traffic, and utilities and service systems.
The City hired a consultant to prepare a draft MND and circulated it to all interested or required
parties listed on the City's distribution list on January 6, 2020. A notice of intent to adopt was also
published in the Orange County Reporter on January 6, 2020. The City circulated the draft MND
for a 20-day public review between January 6, 2020 and January 26, 2020. The draft MND was
available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on
the City's webpage created for the project.
This MND is intended to provide a means to receive and respond to comments pertaining to the
analysis contained in the draft MND and to provide an opportunity for clarification, corrections, or
minor revisions to the environmental document as needed. Since the 20-day review period for the
draft MND is scheduled concurrently to the staff report being completed, any comments received
during the review period will be considered during the report for request for council action report.
75A-30
ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven
February 10, 2020
Page 8
As a result of the environmental analysis, no areas of significant impacts were found from the
construction of the proposed project. Mitigation measures have been provided to address potential
environmental impacts, with a list of these mitigation measures found within the attached Mitigation
Monitoring and Reporting Program. Mitigation measures have been outlined to address potential
impacts on cultural and tribal cultural resources, geology and soils, hazards and hazardous
materials, noise, and transportation/traffic.
Economic Development
The project will generate a combination of property tax revenue, sales tax revenue, temporary and
permanent jobs for the community. Property tax revenue will increase as the vacant lot will be
redeveloped with a new convenience store and service station and the total net value of the property
will also increase. According to the most recent tax roll, the property is currently valued at $1,700,000
resulting in approximately $19,128 in annual property tax. Upon completion, the property is estimated
to be valued at approximately $3,500,000. The construction of the project will require that permit fees
are paid to the City and there will be temporary construction jobs. According to the plan check
submittal, a total of $22,000 was collected for permit fees, with the improvements estimated at
approximately $606,000. Based on sales volume estimates provided by 7-Eleven, the location will
provide additional sales tax revenue to the City that is estimated to be over $30,000 annually. In
addition, 7-Eleven estimates 10 new job opportunities will be created at this specific location.
Strategic Plan Alignment
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective
No. 2 (create new opportunities for business/job growth and encourage private development through
new General Plan and Zoning Ordinance policies).
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
recommend that the City Council approve ER No. 2018-28, AA No. 2019-03 and CUP No. 2019-21
as conditioned.
IO:sb
& Planning Commission12020\02-10-20\AA-2019-3 CUP-2019-21 813 N Euclid Street\813 N Euclid —PC Staff Report- 2-10-2020.docx
75A-31
ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven
February 10, 2020
Page 9
Exhibits: 1. Resolution for Mitigated Negative Declaration & Mitigation Monitoring and
Reporting Program
2. Amendment Application Ordinance
3. After-hours CUP Resolution
4. Vicinity Zoning & Aerial View
5. Site Photo
6. Site Plan
7. Floor Plan
8. Elevations
9. Renderings
10. Landscape Plan
11. Sunshine Ordinance Materials
12. Mitigated Negative Declaration & Mitigation Monitoring and Reporting Program
75A-32
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75A-33
EXHIBIT 1
75A-34
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75A-35
RH 2.10.20
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
75A-36
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.
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 voted 6:0:1 (Rivera absent) to
continue the item to the February 10, 2020 Planning Commission meeting
in order to provide the Commission additional information pertaining to
vehicle circulation, perimeter fencing, landscaping and lighting.
J. On February 10, 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.
K. On March 17, 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
75A-37
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
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"),
75A-38
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 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.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Miguel A. Pulido
Mayor
75A-39
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 12020.
Date:
Clerk of the Council
City of Santa Ana
75A-40
EXHIBITA
Mitigated Negative Declaration, Environmental Review No. 2018-28 and Mitigation
Monitoring and Reporting Program
Online:
httys://www.santa-ana.ora/nb/nlannina-division/maior-nlannina-nroi ects-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
75A-41
EXHIBIT 2
75A-42
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75A-43
1:rrAurza
01VQ10/_V IQQ0cello 6W1*%QV1:1
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 after considering the item, voted 6:0:1 (Rivera absent) to
continue Amendment Application No. 2019-03 to the February 10, 2020
Planning Commission meeting in order for staff to provide additional
information to the Commission pertaining vehicle circulation, perimeter
fencing, and landscaping and lighting.
E. On February 10, 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.
F. 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.
G. The City Council, prior to taking action on this ordinance, held a duly -noticed
public hearing on March 17, 2020.
Ordinance No. NS-XXXX
75A-44 Page 1 of
H. The City Council also adopts as findings all facts presented in the Request
for Council Action dated March 17, 2020 accompanying this matter.
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
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 March 17, 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,
Ordinance No. NS-XXXX
75A-45 Page 2 of 4
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.
ADOPTED this day of , 2020.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Miguel A. Pulido
Mayor
Ordinance No. NS-XXXX
75A-46 Page 3 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
Ordinance No. NS-XXXX
75A-47 Page 4 of 4
EXHIBIT 3
75A-48
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75A-49
RH 2.10.20
RESOLUTION NO. 2020-xx
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
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. After staff presentation
and public input, the Planning Commission voted 6:0:1 (Rivera absent) to
continue the item to the February 10, 2020 Planning Commission meeting
in order to provide the Commission additional information pertaining to
vehicle circulation, perimeter fencing, landscaping and lighting.
E. On February 10, 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
Resolution No. 2020-xx
75A-50 Page 1 of
F. On March 17, 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.
G. 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:
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.
Resolution No. 2020-xx
75A-51 Page 2 of 9
The proposed use will not adversely affect the present
economic stability or future economic development of
properties surrounding the area. The approval of this
application supports Policy 4.5 of the Economic
Development Element of the General Plan. This policy
encourages making land use decisions based not on purely
fiscal considerations and stresses the importance of the
qualitative implications that are associated with new uses.
The approval of a 24-hour operation for the convenience
store at this location will positively influence the present and
future economic stability of the property and will diversify the
products and services offered within the general area.
Further, this will allow 7-Eleven to remain competitive with
similar uses in the area which offer similar goods found in
convenience stores.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed after-hours conditional use permit will be in
compliance with all applicable regulations of Chapter 41 of the
SAMC regarding establishments that operate on a 24-hour
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
Resolution No. 2020-xx
75A-52 Page 3 of 9
attractive environment in the community. Economic
Development Element Goal 2 maintains and enhances the
diversity of the City's economic base. Policy 2.3 encourages
the development of mutually beneficial and supportive
business clusters within the community. Urban Design
Element Goal 1 improves the physical appearance of the City
through the development of districts that project a sense of
place, positive community image and quality environment.
Section 2. In accordance with the California Environmental Quality Act, a
Mitigated Negative Declaration (Environmental Review No. 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
Resolution No. 2020-xx
75A-53 Page 4 of 9
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 February 10, 2020, the Request for City Council
Action dated March 17, 2020, and exhibits attached thereto; and the public testimony,
written and oral, all of which are incorporated herein by this reference.
ADOPTED this day of 12020.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Lisa Storck
Assistant City Attorney
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 12020.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2020-xx
75A-54 Page 5 of 9
EXHIBITA
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.
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. The plan shall also incorporate a row of Italian
cypress trees, or similar species to be planted along the southern perimeter of the
property to provide additional screening to the residential uses to the south
(Modified by staff on February 10, 2020).
4. Prior to issuance of a building permit for the structures, the existing perimeter wall
shall be increased to seven feet in height. (Added by staff on February 10, 2020).
5. All existing and new perimeter walls shall be painted or coated in anti -graffiti
coating, and vines shall be planted along all such walls.
6. 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.
7. 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
Resolution No. 2020-xx
75A-55 Page 6 of 9
site. Final location of the trash enclosure shall be subject to the approval of the
Planning Manager.
8. 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.
9. Prior to the issuance of a building permit, a Property Maintenance Agreement
must be recorded against the property. The agreement will be subject to review
and applicability by the Planning and Building Agency, the Community
Development Agency, the Public Works Agency, and the City Attorney to ensure
that the property and all improvements located thereupon are properly
maintained, Applicant (and the owner of the property upon which the authorized
use and/or authorized improvements are located if different from the Applicant)
shall execute a maintenance agreement with the City of Santa Ana which shall
be recorded against the property and which shall be in a form reasonably
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
Resolution No. 2020-xx
75A-56 Page 7 of 9
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.
10. The Applicant shall be responsible for maintaining the premises free of graffiti. All
graffiti shall be removed within 24 hours of occurrence.
11. 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.
12. 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.
13. 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.
14. A silent armed robbery alarm shall be installed prior to issuance of a certificate of
occupancy.
15. There shall be no coined -operated games maintained on the premises at any
time.
16. No pay telephones shall be located on the premises.
17. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area.
The posted signs must conform to Penal Code Section 602.
18. 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.
Resolution No. 2020-xx
75A-57 Page 8 of 9
19. Clearly distinguishable height markers shall be installed on the inside doorjamb
of all doors used by the public to access the store. Horizontal marks, one -inch
wide by three -inches long, in different colors, and in a contrasting color to the
background, shall be placed every six inches beginning at five feet and ending at
six feet six inches.
20. Exterior lighting shall be shielded and/or directed away from residential areas.
21. Goods and fuel deliveries shall not occur between 10:00 p.m. and 7:00 a.m.
22. 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.
23. A copy of the conditions of approval shall be kept on premises and presented to
any authorized City official upon request.
24. The sale of alcoholic beverages shall be prohibited.
25. The outdoor storage or display of boxes, equipment, materials, merchandise, and
other similar items shall be prohibited.
Resolution No. 2020-xx
75A-58 Page 9 of 9
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EXHIBIT 4
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75A-61
12/17/2019
AA-2019-03 & CUP-2019-21, 7-Eleven Service Station
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75A-62
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EXHIBIT 5
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EXHIBIT 9
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EXHIBIT 10
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EXHIBIT 11
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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 adanCabasidvm.com
75A-90
Community Meeting
Saturday, May 12, 2018
Proposed Service Station with Fueling Canopy and Convenience Store
813 N. Euclid Street
Name Address Phone
3
75A-91
EXHIBIT 12
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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
P7i
https://www.santa-ana.org/pb/planning-division/major-planning-projects-and-documents/euclid-
hazard-7-eleven-service-station
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