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HomeMy WebLinkAbout75A - PH FOR RESO FOR 7-11REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 21, 2020 TITLE. PUBLIC HEARING — ADOPT A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT NO. 2019-21 TO ALLOW THE 24-HOUR OPERATION OF A PROPOSED 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION TO BE LOCATED AT 813 NORTH EUCLID STREET CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on1"Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2019-21 as conditioned. DISCUSSION At the February 10, 2020 Planning Commission meeting and after holding a public hearing on the item, the Planning Commission voted 5:0 (Contreras -Leo and Garcia absent) to recommend approval of the Mitigated Negative Declaration Environmental Review No. 2018-18, Mitigation Monitoring and Reporting Program (MMRP), Amendment Application (AA) No. 2019-03 and Conditional Use Permit (CUP) No. 2019-21 (Exhibit 2). At its regular meeting on March 17, 2020 after holding a public hearing on the item, the City Council voted 6:0 (Mayor Pulido absent) to approve Mitigated Negative Declaration Environmental Review No. 2018-28 and a Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. The City Council also approved Amendment Application (AA) No. 2019-03 to allow the construction of a 3,045-square food convenience store and an eight pump service station. To address concerns of community impact, the Council continued Conditional Use Permit (CUP) No. 2019-21 (Exhibit 1) to allow the applicant to perform additional community outreach. At the March 17, 2020 City Council meeting, several concerns were raised by the City Council regarding the 24-hour operation of the convenience store. Specifically, concerns were raised about a 24-hour operation adjacent to sensitive land uses such as residential and a religious temple. Additional concerns regarding the potential for the store attracting homeless individuals and loitering while being open in the late hours were also raised. Based on City Council feedback, Adan Madrid, the project applicant, performed door-to-door outreach to residents within a 500-foot radius of the subject site. The applicant made contact with approximately 200 residents and was able to provide information on the project and background on the request for a 24-hour operation. A flyer was made available in English and Spanish that 75A-1 CUP No. 2019-21 813 North Euclid Street July 21, 2020 Page 2 provided a brief description of the project and invited the residents to reach out to Mr. Madrid to discuss the project. Based on this door-to-door outreach, the applicant submitted a petition with signatures in support of the project. The applicant also discussed the project with the operators of the Buddhist Temple located to the east of the subject site. The members of the Buddhist Temple have expressed support for the project and the hours of operation. Outreach documentation can be found in Exhibit 3 attached to this report. Regarding concerns related to potential impacts affecting the quality of life of the neighbors, the applicant will be implementing measures identified in the mitigation monitoring program, as well as the construction of a perimeter block wall to address potential noise and lighting concerns. Concerns related to homeless individuals and loitering are proposed to be addressed by the implementation of measures that deter loitering through site design (i.e. building orientation, transparent glass, lighting, security cameras), 'No Loitering' signage, maintaining a graffiti free site, and site monitoring, to ensure a safe and beneficial site while reducing the potential for loitering and homelessness. Lastly, conditions of approval requiring a 24-hour emergency contact be posted and available to the City and surrounding properties, as well as requiring good neighbor policies of trash/litter collection within 50 feet of the subject property on a daily basis, have been added to ensure high -quality maintenance for the duration of the project. Attached for the City Council's review is documentation submitted by the applicant that addresses concerns raised by the City Council (Exhibit 3). Staff acknowledges the efforts that the applicant has made, including contacting those residents directly impacted by the proposed use. As a result, staff is recommending that the City Council approve CUP No. 2019-21 as conditioned. Project Description The applicant is requesting approval to allow a 7-Eleven convenience store to operate 24 hours per day. In March 2020, the City Council approved AA No. 2019-03 to change the zoning of the subject property to commercial and allow a convenience store (retail) and a service station on the vacant site. Protect Analysis 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 a.m. (midnight) and 5:00 a.m. require approval of a CUP. 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 use 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 area, staff has included conditions of approval that require the air/water 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 areas. 75A-2 CUP No. 2019-21 813 North Euclid Street July 21, 2020 Page 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 use 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. Staff is recommending approval of the request for afterhours operation as the added conditions of approval will minimize any potential negative impacts on the adjacent sensitive land uses. The redevelopment of a vacant site with a convenience store and gas station will be compatible with the surrounding community and generate sales tax revenue for the City. Finally, the applicant has, at the request of the City Council, provided additional outreach and has submitted all documentation to the City for review. As illustrated by the provided documentation, the community and adjacent neighbors have shown interest in the development of the site and the 24-hour operation. ENVIRONMENTAL IMPACT As part of the City's permitting process, the proposed project was 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). 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 and MMRP were approved at the March 17, 2020 City Council meeting. No further environmental review is required, as the request for afterhours operation of the subject 7- Eleven convenience store is a component of the approved MND. 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. FISCAL IMPACT There is no direct fiscal impact associated with this action. 75A-3 CUP No. 2019-21 813 North Euclid Street July 21, 2020 Page 4 Submitted By: Minh Thai, Executive Director - Planning and Building Agency Exhibits: 1. After -Hours CUP Resolution 2. February 10, 2020 Planning Commission Staff Report 3. Community Outreach Documentation 75A-4 EXHIBIT 1 LS 7.21.20 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. After such hearing, the Planning Commission voted to recommend that City Council approve the project. Resolution No. 2020-xx 75A-5 Page 1 of 10 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. At such hearing the City Council adopted Resolution 2020-020 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; approved Amendment Application No. 2019-03 rezoning the property from Two -Family Residential (R-2) to Community Commercial (C-1); and continued this resolution for Conditional Use Permit No. 20190-21 for 24-hour operation until Applicant had performed community outreach. H. Based on Council feedback, the Applicant performed door-to-door outreach to residents within a 500-foot radius of the subject site. The Applicant made contact with approximately 200 residents and was able to provide information on the project and background on the request for 24- hour operation. A flyer was also available in English and Spanish that provided a brief description of the project, and invited the residents to reach out to the Applicant to discuss the project. Based on this door-to- door outreach, the Applicant has submitted a petition in support of the project with signatures collected from those residents in support of the 24- hour operation of the convenience store and service station. Furthermore, the Applicant was able to discuss the project with the operators of the nearby Buddhist Temple, which has now expressed support for the project. On July 21, 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 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. J. 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 Resolution No. 2020-xx 75A-6 Page 2 of 10 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, exterior lighting and security cameras. These features 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 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. Resolution No. 2020-xx 75A-7 Page 3 of 10 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 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 previously adopted by the City Council with respect to this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute Resolution No. 2020-xx 75A-8 Page 4 of 10 resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves 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, the Request for City Council Action dated July 21, 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 2020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 6f,� Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2020-xx 75A-9 Page 5 of 10 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2020. Date: Clerk of the Council City of Santa Ana Resolution No. 2020-xx 75A-1 0 Page 6 of 10 WVCQ7mL1 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 each of 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. 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-11 Page 7 of 10 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-1 2 Page 8 of 10 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 coin -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 which is 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-13 Page 9 of 10 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. 26. Applicant, at his or her sole expense, shall be responsible for removing trash/litter on the subject property and within 50 feet of the subject property on a daily basis. 27. Applicant shall provide the City and owners/occupants of surrounding properties with a 24-hour emergency contact. Resolution No. 2020-xx 75A-14 Page 10 of 10 EXHIBIT 2 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 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 nager 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. 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 MND 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-15 1-1 ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven February 10, 2020 Page 2 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 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: Protect and Location Information � wr .., TNa a.� A 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 operation subject to approval of a CUP Zoning Code Sections Affected Uses SAMC h)ections 41-365(a), 41-365(q) and 41- 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 M Iy-� wvd F'. Convenience Store and Service Station Subject to approval of the Amendment Application 75A-16 1-2 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 which are open at any time between the Subject to approval of a Conditional Use Permit hours of 12:00 midnight and 5:00 a.m. Table 213: Development Standards 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 sin maximum Com lies; 1 monument sign Project Background and Chronologv Planning Commission Action On January 27, 2020, the Planning Commission held a public hearing to consider the applicant's proposed development. After staffs presentation and public testimony, the Planning Commission voted to continue the item fortwo weeks in orderfor 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-17 1-3 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 0-1 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-18 1-4 ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven February 10, 2020 Page 5 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 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 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 J+ �M_ fiofice Dea A d C Pored Police Grid No., Rank, Police Grid No. 25; ranked 59 out of 102 Police Reporting Grids (57th percentile); 252 and Incidents incidents (376 avera a incidents in Citywide olice grids Threshold for High 539 incidents = 20% threshold; This reporting district is below the 20 percent Crime threshold established by the State for high crime. Police Department The Police Department contends that the operational standards applicable to after - Recommendation hours operation will mitigate any potential impacts to the surrounding community and 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-19 1-5 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 forthis 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 ..th No A Mitigated Negative Declaration (MIND), Environmental Review G. 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 MIND in their review of the project. On January B, 2020, the draft MIND 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 MIND 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 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 Citv's Strateaic Plan. 75A-20 1-6 ER No. 2018-28, AA No. 2019-03, CUP No. 2019-21 — Euclid Street 7-Eleven February 10, 2020 Page 7 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 MIND 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 MIND 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 MIND 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-21 1-7 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 loft 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. Assistant Pla IO:sb 8.,Tlanning Commissiont2020\02-10-206AA-2019-3 CUP-2019-21 813 N Euclid Street\813 N Euclid —PC Staff Report- 2-10-2020.docx 75A-22 1-8 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-23 1-9 This page left blank intentionally. 75A-24 1-10 EXHIPT 1 75 _) 1-11 This page left blank intentionally. 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-27 1-13 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-28 1-14 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"), 75A49 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 0 Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75A-30 1-16 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 7,I'1 i- 7 EXHIBIT A Mitigated Negative Declaration, Environmental Review No. 2018-28 and Mitigation Monitoring and Reporting Program Online: hops://www.santa-ana ore/nb/manning-division/maior plannin�4projects 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 15A932 EXWT 2 1-19 This page left blank intentionally. 75A-34 1 - 20 RH 2.10.20 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 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. 75A-35 Ordinance No. NS-XXXX of 4 1-21 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 T%A 36 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. Miguel A. Pulido APPROVED AS TO FORM: Mayor Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Ordinance No. NS-XXXX 75A-37 Page 3 of 4 1 - 23 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 75A-38 Ordinance No. NS-XXXX Page 4 of 4 1 - 24 EXHIBIT 3 75A-39 1 - 25 This page left blank intentionally. 75A-40 1 - 26 RESOLUTION NO. 2020-xx RH 2.10.20 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 Page 1 of 9 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: 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. 75A-42 Resolution No. 2020-xx Page 2 of 9 1 - 28 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-43 Page 3 of 9 1 - 29 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 furtherforce 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-44 Page 4 of 9 1 - 30 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 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 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-45 1-31 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. 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 7 CAJC 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 75A-47 Resolution Page 7 of 9 1 - 33 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-48 Page 8 of 9 1 - 34 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. 75A-49 Resolution No.2020-xx Page 9 of 9 1 - 35 This page left blank intentionally. 7�A3§0 EXWNT 4 1 - 37 This page left blank intentionally. 75A-52 1 - 38 12/17/2019 AA-2019-03 & CUP-2019-21, 7-Eleven Service Station 813 North Euclid Street .ai:r rags me > m = I 1�3 n Ana Boundary 40x MYPEr- P0, Ir ea no Gx Y lg (om tyC e'oel ,—MUZ C '<ul-Mureum biN[t Ge YCo tlal Plan spoppmb Center Arx-a! [amme.[iY C ammeNY AtlYenual sou[:n Mar Sptet <omme•eL J�s<nm !2Xt Mu(biY mer i eauV'npeiVul W"o inn S. EIan! ♦onOnrlaytam PrMeszionai 5'mble-:emS/ Resitlena TwcfamllY Mesbentt Mul[ple{a �eeiNertce $uOUTen.9potten es nna-Fa 5petifi1fertlopment Nai Spe[M[9erebpmeM NvNa. U 31 Spetifi[]evtlWmMt . Speci! 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F @ff2 e Q' t �y fed g�tlg® �.H� 3�b LS �gk So ���£Ye*� 3i6��sM" .p`� YBY g�etl b itl 41111, S�wi j Yi a s@a£.as a ear 1 1 '- This page left blank intentionally. M EXHIBIT 8 715N-§7 This page left blank intentionally. 75A-68 1 - 54 COL,<__s 1 ; ! ! \ § ! -� w«# ) § j/ \! ;_» m | _ A \} � )\ §} }\( !( This page left blank intentionally. 75A-70 1 - 56 EX��,T 9 7-57 This page left blank intentionally. 75A-72 1 - 58 Ni Q This page left blank intentionally. EXH)M1�T 10 1 - 67 This page left blank intentionally. 75A-76 1 - 62 x At ' issro'c eunwe.-x � � ' c a a . r" eax�(� �'�m £OLZ6 yO'euy eyueS �n � any paezeN M @7 3S p!Iou3 N£l8 A ¢y �y A@ ❑a s % g ax s 1 g -k N~g Kati g 1 - 63 This page left blank intentionally. 75A-78 1 - 64 EX"1�T 11 1-65 This page left blank intentionally. 7I - bra ASI Development Cordially invites you to a community information meeting for: Proposed service station with fuel canopy and convenience store @ 813 N. Euclid St., Santa Ana, CA 92703 Please come and share your thoughts and ideas about this new development. We will provide general information, with Q&A to follow. MEETING DATE: May 12, 2018 TIME: 10:00 a.m to 11:00 p.m. MEETING LOCATION: Salgado Center, MPR Room 706 N. Newhope Avenue Santa Ana, CA 92704 If you have questions regarding this event or require language interpretation services in languages other than English, please contact: Adan Madrid at (949) 235-9538 or adan@asidvm.com 75A-81 1 - 67 Community Meeting Saturday, May 12, 2018 Proposed Service Station with Fueling Canopy and Convenience Store 813 N. Euclid Street Name Address Phone 75A-82 1 - 68 EXHIBIT 12 75A-83 1 - 69 This page left blank intentionally. 75A-84 1 - 70 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 MI Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 Or https://www santa-ana ore/pb/planning division/major planning projects and documents/`euclid hazard-7-eleven-service-station 75A-85 1 -71 This page left blank intentionally. 75A-86 1 - 72 Exhibit 3 40 Development Architecture-&neiueering-Conetructiou 5932 Bolsa Avenue, Suite 107 - Huntington Beach, CA 92649 June 22,2020 Honorable Mayor and City Council City of Santa Ana 20 Civic Center Plaza Tel (714) 892-8810 Fax (800) 342-0507 Santa Ana, CA 92702 Subject: Conditional Use Permit no. 2019-21 / 813 N. Euclid Street @ Hazard Ave Proposed 24-hr. 7-Eleven convenience store and gas station Dear Honorable Mayor and Members of the City Council: Thank you for the opportunity to conduct additional community outreach and for your consideration of 7- Eleven's Conditional Use Permit (CUP) application for 24-hours. On Friday, April 17' I knocked on approximately 90 doors of residences located within a 300 ft. radius of the subject property and engaged in discussions regarding the proposed 7-Eleven convenience store, gas station and request for 24-hours. I handed the attached flyer (Exhibit A) to those that came to the door and were willing to engage in a discussion regarding our project in English or Spanish and left flyers with those that were not home or not willing to come to the door. At the request of Staff, I expanded the community outreach to a radius of 500 ft. to include an additional 118 residences and went door knocking again on Tuesday, June 16`h, Wednesday, June 17' and Thursday, June 18' between the hours of 6:00 p.m. and 8:00 p.m. While there are admittedly a select few within the community that do not want a 24-hour 7-Eleven convenience store and gas station on the corner of Euclid and Hazard, there are many more members of the community that want this project. Please see the attached petition containing 68 signatures in support of the project (Exhibit B). Below is also a summary of those residents that signed the petition: Six (6) of the signatures come from the residents that live within the condominiums located directly across Hazard Avenue to the north. Omar Dominguez, who spoke in favor of our project at the first Planning Commission hearing, also lives here. He emailed Staff a letter in support of our project on Friday, June 19' (Exhibit Q. But Nguyen, who owns and lives in the 2-story home located on the southwest corner of Euclid Street and Hazard Avenue and directly across the street from the project site to the west, signed the petition and also sent Staff an email in support of our project on Friday, June 19' (Exhibit D). Rene Garcia, who lives adjacent to and south of the subject property has been an advocate for this project since the beginning of this effort. He too signed the petition in support of the project. The resident who lives one parcel over to the south at 805 N. Euclid Street also signed the petition. 75A-87 40 Development Architecture-&neiueering-Conetructiou 5932 Bolsa Avenue, Suite 107 - Huntington Beach, CA 92649 Tel (714) 892-8810 Fax (800) 342-0507 • Nine (9) of the signatures come from the residents of the nearby apartment complex located south of the site at 721 N. Euclid Street. Fourteen (14) of the signatures come from the residents that live across the street to the west between the addresses of 706 - 816 N. Euclid Street. Many of these residents grew -up in this community and have fond memories of the convenience store that used to be located on the subject property. They also shared stories of the strawberry fields that once were located where the gated condominium project is now located in the City of Garden Grove. These residents of Santa Ana support our project and desire to have a convenience store within walking distance again and also like that it will be open 24-hours. Approximately twelve (12) additional signatures in support of the project are from residents that live on Seventh Street located south of the project site. Four (4) residents on Evonda Street also signed the petition and look forward to having a 24-hour convenience store within walking distance. Four (4) of the six (6) residents in the condominium project located on the south side of Hazard Avenue and at the outer edge of the 500 ft. radius are also in support of the project and look forward to having a 24-hour convenience store within walking distance. In addition, with the help of a translator, we were able to make contact with the Buddhist Temple located adjacent to the subject property to the east and we now have their support for this project as well. Please see the attached support letters in both English and Vietnamese (Exhibit E). These residents and property owners, who are nearest the subject property, want to see the property redeveloped and look forward to having a 24-hour 7-Eleven convenience store and gas station within walking distance. Please see the attached 500 ft. radius map with all of the properties corresponding to the 68 signatures, email correspondence and letters in support of the project highlighted in green (Exhibit F). I would also like to take this opportunity to address some of the issues and concerns raised at the last City Council hearing. Concern no. 1: Councilwoman Iglesias and Councilman Penaloza both expressed concerns in approving 24-hours because the property is adjacent to residential and how that might negatively affect the quality of life for the residents that live within the area. Response for Council's consideration: Planning Staff required the preparation of a comprehensive CEQA Initial Study be performed by a third -party environmental consulting company. The CEQA Study included a 74 page Noise Impact Analysis that concluded the project would have a "less than a significant impact" regarding noise with the implementation of two (2) minor mitigation measures, which 7-Eleven has agreed to and are included as conditions of approval. 2 75A-88 40 Development Architecture-&neiueering-Conetructiou 5932 Bolsa Avenue, Suite 107 - Huntington Beach, CA 92649 Tel (714) 892-8810 Fax (800) 342-0507 In addition, Section 18-312(a) of the City's Municipal Code limits noise created on the project site at any residential property line to 55 dBA between 7 a.m. and 10 p.m. and to 50 dBA between 10 p.m. and 7 a.m. These standards are in place to protect the public, health safety and welfare. Consideration should be given to the fact that the proposed project fully complies with these noise restrictions even with the proposed 24-hours of operation. The CEQA Study also evaluated the potential for adverse daytime and nighttime effects of the proposed lighting associated with the proposed project. The Study concluded that the potential impacts associated with new sources of light or glare would be "less than significant" and no mitigation measures were required. A photometric plan was prepared and included in the project plans illustrating proper levels of illumination to be provided within the project area with little to no light spillage on to adjacent properties. This is made possible by the technologically advanced LED light fixtures available on the commercial market. In addition, Chapter 9 of the City's Commercial Design Guidelines sets forth lighting standards for commercial projects including specific direction on minimizing glare onto adjoining properties. These standards are in place to protect the public health, safety, and welfare. Similar to the issue regarding noise, consideration should be given to the fact that the project fully complies with the City's light and glare standards. Concern no. 2 Councilman Solorio and Bacerra both expressed concerns regarding the potential for the store to attract homeless and loitering. Councilman Bacerra further expressed a concern that the proposed store may attract homeless at the levels experienced at the existing 7-Eleven store located at Main Street and Dyer Road. Response for Council's consideration: The existing 7-Eleven store located at Main Street and Dyer Road is on a parcel of land that is adjacent to another parcel of land with shared parking that is underutilized, partially undeveloped and under separate ownership. Please see the attached aerial photo with parcel lines included (Exhibit G). The undeveloped southwest corner of the adjoining parcel undoubtedly contributes to the homeless and loitering issues at that store because it is an area away from the street where the homeless can take shelter. For these reasons, the proposed project at Euclid and Hazard includes a wrought iron fence and gate to secure the easterly rear and southerly side of the property. The existing store at Main Street and Dyer Road is also within'/4 of a mile of the Community Service Program CFS and the Santa Ana Armory which are organizations that provide assistance to those in need. The attached aerial of the City (Exhibit H) has all of the existing homeless shelters and soup kitchens identified along with all of the existing 7-Eleven stores. It appears the City of Santa Ana may have a disproportionate number of shelters and soup kitchens as compared to other cities in Orange County. Several of the existing 7-Eleven stores are within walking distance of a homeless shelter and/or soup kitchen, which may be the reason these stores struggle to effectively address homeless panhandling and loitering despite efforts being made by 7-Eleven and the Franchisee. Although I do not profess to be an expert on the complex topic of the homeless. It would seem that the homeless are not likely to migrate a long distance on their own leaving familiar surroundings, known and 75A-89 40 Development Architecture-&neiueering-Conetructiou 5932 Bolsa Avenue, Suite 107 - Huntington Beach, CA 92649 Tel (714) 892-8810 Fax (800) 342-0507 reliable resources and assistance from shelters and soup kitchens or perhaps from nearby family members to panhandle. We would like to point out that the proposed store will comply with the following standard mitigation measures. We are also offering the additional mitigation measures listed below and are open to any further suggestions from Staff and the City Council that will enable us to address any concerns with the potential for loitering at the store. Standard Mitigation Measures: 1. Addressing crime through architectural design. The proposed site plan layout, storefront orientation, and transparent glass, along with proper lighting, security cameras and a well defined property line all work together to help minimize and address loitering and other illicit activities on site. 2. Placement of "NO LOITERING" signs. Although they may often times go unnoticed or are ignored they place panhandlers and loiterers on notice and are often referenced by store employees when addressing someone who is panhandling or loitering on the premises. 3. Maintaining the property and keeping it free of graffiti and trash and the landscaping healthy and manicured. 4. Filing Form-602 with the Santa Ana Police Department to enforce trespassing. Additional Mitigation Measures: 1. Selecting a Franchisee who has demonstrated their willingness and ability to run a successful store in similar areas with similar issues and are able to connect with the community they serve. 2. Developing and maintaining a working relationship with the Santa Ana and Garden Grove Police Departments and their respective task force teams assigned to addressing homeless issues. 3. Having employees walk the property on an hourly basis to identify and address any loitering issues. 4. Offering free coffee to police officers afterhours as away to encourage the presence of law enforcement on the property. 5. Placing signage at the store entrance stating, "FOR THE SAFETY OF OUR CUSTOMERS, EMPLOYEES AND THE COMMUNITY. PLEASE DO NOT GIVE MONEY TO PANHANDLERS". I think we all have at some point or another reached out to a homeless person in need to give them a helping hand by either reaching into our pockets to give them money or buying an extra meal or something to drink to give them on our way out of a store or fast food restaurant. Compassion and value for human life compels us to help and not ignore those in need. Recognizing that sometimes these acts of compassion may also have a negative unintended consequence on others, we have found that this type of signage goes a long way in eliminating panhandlers because it serves as a reminder to customers and it gives them an out. 4 75A-90 40 Development Architecture-&neiueering-Conetructiou 5932 Bolsa Avenue, Suite 107 - Huntington Beach, CA 92649 Tel (714) 892-8810 Fax (800) 342-0507 6. Playing classical music outside has been used at other store locations with varying degrees of success in discouraging loitering. 7-Eleven is willing to try this approach at Euclid and Hazard should loitering become an issue. 7. Use of a high -pitch noise device called the "Mosquito", which emits a high -pitch noise similar to that of a mosquito that can only heard by younger adults in their 20's, but not by older adults. Apparently, we lose the ability to hear certain noise pitches as we get older. Like the classical music, the "Mosquito" is experimental and has been used at other locations with varying degrees of success to discourage loitering. 7-Eleven is also willing to try this approach at Euclid and Hazard should loitering become an issue. We believe that this project will be a value -add to the community, as do many of the residents in the area as made evident by the 68 signatures on the enclosed petition, the support letter from the adjacent Buddhist Temple, as well as the support letters from the residents nearest the project. The CEQA Initial Study also unequivocally concludes that the proposed store and gas station open 24-hours daily will have a less than significant impact on the surrounding community with regards to noise, light and glare and traffic. The project that is before you is also supported by a recommendation for approval from Planning Staff after 2 years of plan revisions, technical studies, and much collaboration. The project also comes with a unanimous recommendation for approval by the Planning Commission. It is our hope that the City Council also sees it fit to approve the Conditional Use Permit to allow 24-hours of operation in light of the above additional community outreach and additional information provided. 7-Eleven is known to its customers for being open 24-hours when most other business are closed. The ability to be open 24-hours is also vital to the success of this store location especially since the store will not engage in the sale of beer and wine for off -site consumption. Thank you in advance for your consideration. Respectfulllyy,,,� e,zlJ c/!/Ga6GW- Adan Madrid Project Manager Cc: Josh Golcheh, Property Owner Lorena Muniz, 7-Eleven David Potter, 7-Eleven 75A-91 40 Development Architecture -Engineering -Construction 5932TWm Avenue, Snits, 107 - Huntington Rs,arh, CA 92049 Tel (714) 892-8810 Fax (800) �442-0507 ASI Development Cordially invites you to provide input via telephone or Zoom Video Conference for: Proposed service station with fuel canopy and convenience store at 813 N. Euclid Street and Hazard Avenue, Santa Ana, CA 92703 Please come and share your thoughts and ideas about this new development. We will provide general information and give you an opportunity to ask questions. Invitation to call or email Contact Information: Adan Madrid (949) 235-9583 adan@asidvm.com 75A-92 40 Development Architecture-Sn¢ineerinr-Construction 5932 Rnlsa Avenue, Snit- 107 - Hunhngtnn R-arh, CA 92649 Tel (714) 892-8810 Fax (800) U2-0507 Desarrollo ASI Cordialmente to invita a brindar information por telefono o Zoom Video Conference para: Estacibn de servicio propuesta con toldo de combustible y tienda de conveniencia en 813 N. Euclid Street and Hazard Avenue, Santa Ana, CA 92703 Ven y comparte tus pensamientos e ideas sobre este nuevo desarrollo. Le proporcionaremos informacibn general y le daremos la oportunidad de hater preguntas. Invitation Para Ilamar o enviar un correo electronico Information del contacto: Adan Madrid (949) 235-9583 adan@asidvm.com 75A-93 q a L m y,� V Y VI Y (D D O L V C O O Y' } N. N cu to '^ m di -O a c C 'u D ° v u cAD > c a) c w :0 n } u v v 7: O Q r V� N N a m a)a. 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T n N ]il N m 1n's m tM1 N 01 V O O O N O N O T �f N O N '�O N O' N O N N N 75A-105 l a a J_ u~i 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 0 � N N .rn-I ern-1 N N N N O eNi- N � ti O O O �(. V1 N Ylf. tll. 19 YI N. ul. vl'! lf� 1l1 Yll �11 VI IA Ill Z 8 � T z• J tI 3 � J. � 3 7 3 � � M- I- 3 � � U U U V (C V V U U 4 V ,y Ll. d'. „Ra. -+0 m. in m . .m N © •JV ® `O ;O-. a 'O N N N N N N N N N CO N 00 UO W W a0 ti H H. H eY e1 H "I r1 N H 01 01 rn rn rn. W. 3 75A-106 - � � . • ° � r \ } 75A.107 Omar Dominguez 903 N. Euclid St. #C Santa Ana, CA 92703 June 19, 2020 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 To whom it may concern: I am a homeowner and resident of the City of Santa Ana at the above address. I am writing to you today to give my input regarding the proposed 7-11 project at the southeast corner of Hazard and Euclid in the City of Santa Ana. I have supported this project since it was presented to the planning commission. I attended those meetings and spoke in favor of the project. I also saw the project evolve as the developer took input from both residents, like myself, and the planning commission. I grew up in the neighborhood and I was able to experience the previous convenience store that was at the proposed project site. Since its closure the area no longer has an accessible convenience store for us to easily reach, let alone a 24 hour location. Locations like 7-11 take on a vital role for our neighborhoods due to their ability to provide essentials like food, drinks, toiletries, women hygiene products and much more. These items, that cannot be bought at other places late at night or on holidays, would become accessible to residents in the area. When the previous location was operating, I would make my stops there on my way home from school. Even with traffic coming in and out of the location there was never any safety concerns. Thanks to the traffic patterns I was able to safely cross the street and reach the convenience store after school. It also served as safe location to be picked up from by my parents. I am now fortunate enough to live directly in front of this location. Since the departure of the family owned convenience store the property has been invaded by transients. By approving this 7-11 project, you will bring positive activity and lighting to the area. The planning commission even worked with the developer to plan the landscape to help deter graffiti and transients loitering. From my understanding it seems residents from Garden Grove have come against this project. Although it is neighborly to take the input of those nearby, they are still not residents of the 75A-108 oE21 \2 City of Santa Ana. The job of those working for the City of Santa Ana is to represent the people of the city not those of neighboring cities. Please vote in favor of this project and take the vote of the planning commission into consideration. That is the purpose of the commission and they too heard from the residents. Sincerely, Omar Dominguez 75A-109 6/22/2020 ASI Development Mail - regarding the proposed 7-Eleven *10pmck• Adan Madrid <adan@asidvm.com> O regarding the proposed 7-Eleven 1 message Paul Nguyen <pauinguyenl204@gmail.com> Fri, Jun 19, 2020 at 9:16 PM To:iorozco@santa-ana.org Cc: VFregoso@santa-ana.org, Adan Madrid <adan@asidvm.com> Hello Mr. Orozco, My name is But Nguyen and I am the owner of the property 820 N Euclid St, Santa Ana, CA 92703 I live directly across the street from the proposed 24-hour 7-Eleven store and gas station. I have reviewed the project plans and look forward to the project being constructed. Our community would benefit from having that existing corner property finally developed and would benefit from the convenience of having a 24-hour 7-Eleven store and gas station within walking distance. I met with Adan Madrid the other day and he told me 7-Eleven will not be selling beer and wine at this store location, which is yet another reason why the City Council should approve this project and another reason why the proposed 24- hour convenience store would be welcomed in our community. Please approve the project Thankyou But Nguyen 75A-110 https://mail.google.com/mail/u/O?ik-53de9ab6l5&view—pt&search —a II&pe rmthid=thread-f % 3A1669990009512837904&sim pl=msg-f%3A1669990... 1 /1 May 2 nd , 2020 Mayor and City Council City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 RE: Proposed 7-Eleven 24-hour convenience store and gas station 813 N. Euclid Street Dear honorable Mayor and members of the City Council: My name is NHU THUAN. I am the host of the temple located at 5110 W. Hazard Ave, Santa Ana. We own the property located adjacent to the proposed 7-Eleven 24-hour convenience store and gas station. The property has been vacant for a long time. We reviewed the proposed project plans and spoke with the applicant's representative and are in full support of the proposed project and request for 24-hours. The proposed convenience store and gas station will be a nice development and provide us and the community with access to food and convenience products within walking distance 24-hours daily. We also appreciate that 7-Eleven will not be selling beer and wine at this store and believe they will be a good and responsible corporate neighbor. We ask that the City Council please approve this project. Thankyou NHU THUAN Pho Da Buddhist Temple 510 W. Hazard Ave Santa Ana, CA 92703 75A-111 Ngay 2 Thang 5 Nam 2020 Kinh g&i: Thi Tnr&ng va Ban Laanh Dao Thanh Pho' Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Chu De: D`e nghi m& tiem 7-Eleven tien ich va cay xang 24gi6 ta:i dia chi 813 Dy6ng North Euclid Kinh g&i Thi TnP&ng va Ban L"anh Dao Thanh Ph6 T6i la Thay NHU THUAN hien dang tru tri tai 5110 W.Hazard Ave, Santa Ana va dang s& hiru 16 d9t tie"p giap v&i I& dat ma Quy vi de nghi m& tiem tap hoa va cay xang 24giq ten la : 7 Eleven ma da"t da bi b6 trong trong mot thbbi gian M. Chung t6i da xem xet ban du' an de nghi va cOng M n6i chuyen v&i ngurbi dai dien. Chung t6i hoan town fang ho viec m&tiem tap hoa va cay xan$ su6t 24 gib. Vi2c de nghi m& tiom tap hoa va cay xang se la mot der an phat trier] tot dep. No rat tien loci cho tong d"ong trong viec mua nhirng m6n that an va do At tion dung trong khmang cach 24 gib di bo moi ngay. Chung t6i ra"t lay cam kich khi 7 Eleven kh6ng ban nrau bia tai no'i day. 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