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HomeMy WebLinkAbout3- 1406 E. FIRST STREETMarch 30, 2020 3 -1 3 -2 3 -3 3 -4 3 -5 3 -6 3 -7 EXHIBIT 1 3 -8 #27574v2Resolution No. 2020-xx Page 1 of 8 LS 3.23.20 RESOLUTION NO. 2020-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Tim Crankshaw with MAKAR Foods Inc. – dba Jack in the Box 5481 (“Applicant”), is requesting approval of Conditional Use Permit (“CUP”) No. 2020-04 to allow drive-through window service for an eating establishment in the General Commercial (C2) zoning district at 1406 East First Street. B. Santa Ana Municipal Code (“SAMC”) Sections 41-365.5 (e) and 41-377.5 (a) require approval of a CUP for eating establishments with drive-through window service. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the Santa Ana Municipal Code. D. On March 23, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2020-04. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant CUP No. 2020-04, for drive-through window service, 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 eating establishment with drive-through window service will provide a service to persons that are working or residing in the area. The project will redevelop a vacant lot with a new eating establishment with a contemporary design that includes tall aluminum storefronts, an earth tone color A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-04 AS CONDITIONED TO ALLOW A DRIVE-THROUGH FOR THE PROPERTY LOCATED AT 1406 EAST FIRST STREET 3 -9 #27574v2Resolution No. 2020-xx Page 2 of 8 palette, thin brick veneer, porcelain wood tiles, aluminum canopies and trim, landscaping/green screens, and a prominent front entry design that includes corrugated wall panels. The site will also include an outdoor patio and enhanced landscaping which will contribute to the aesthetics of the area. 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 drive-through will not be detrimental to the health, safety or welfare of those residing or working in the vicinity as it is designed and intended to generate the least amount of impacts as possible. The drive-through lane meets the City’s stacking requirements and will allow for a minimum of eight cars to queue without disrupting drive aisles or on-site parking spaces. In addition, vehicle queuing at the driveway is not anticipated to exceed two vehicles, and vehicles queuing in the drive-through lane will have adequate space to queue within the project and will not enter onto First Street. The drive-through operation is also designed to generate minimal noise impacts as the speaker boards are located towards the rear of the site and are oriented towards First Street. Any potential noise generated from the idling of vehicles or the drive-through speakers is not anticipated to impact the closest residential uses as those residential uses are approximately 120 feet away to the east and are separated from the project site by a retail store. However, the distance from the entrance of the proposed restaurant to the nearest residential building is over 180 feet away. This additional distance will further minimize any potential impacts from the restaurant’s drive-through and after-hours operations. Lastly, the site has been designed to include a large landscape area and a seven-foot perimeter block wall, which will buffer light and noise impacts to the residential uses. Moreover, the drive-through lane is at the rear of the property, which produces minimal visual impact to First Street or McClay Street as the new building will be the prominent view from the street. The site design will include 24-inch box trees and large shrubs planted along the northern and western property line to create a visual buffer between the drive- through lane and the commercial building to the north and to the west. 3 -10 #27574v2Resolution No. 2020-xx Page 3 of 8 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The drive-through will not adversely affect the economic stability or future economic development of properties in the surrounding area. The site is currently vacant and the new building will establish a commercial use of the property. An eating establishment with drive-through service will provide an additional service and eating opportunities for the area and will provide a commercial business that generates sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions of Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed eating establishment with drive-through service 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 establishment uses. 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. Policy 1.10, encourages the location of commercial activities at arterial roadway intersections in commercial districts. The project will provide for a new eating establishment on an arterial street. Land Use Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.8 encourages increased levels of capital investment. The drive-through will contribute to the viability of the corner lot in which the eating establishment is proposed to be located. Policy 2.9, supports developments that create a business environment that is safe and attractive. 3 -11 #27574v2Resolution No. 2020-xx Page 4 of 8 The condition of approval for property maintenance 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 development of districts that project a sense of place, positive community image and quality environment. Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15303. The Class 3 exemption applies to the construction of small structures, which in an urbanized area is defined as a building not exceeding 10,000 square feet in floor area, on sites zoned for such use, not using significant amounts of hazardous substances, where public services are available and the surrounding area is not environmentally sensitive. The proposed building is 2,664 square feet in floor area within the General Commercial zone which allows for service, retail and commercial uses. The proposed eating establishment is not anticipated to use significant amounts of hazardous substances. There are public services available through the City of Santa Ana and the Orange County Fire Authority and the surrounding area is not environmentally sensitive. As a result, Categorical Exemption, Environmental Review No. 2019-40 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing 3 -12 #27574v2Resolution No. 2020-xx Page 5 of 8 the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2020-04, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1406 East First Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 23, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 23rd day of March, 2020. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 23, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3 -13 #27574v2Resolution No. 2020-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2020-04 Conditional Use Permit No. 2020-04 for drive-through window service 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 following conditions of approval shall be met: 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 the Site Plan Review (DP No. 2019- 10) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. The landscape plan shall also include landscape planters along the east and west property line, block wall details, and note application of anti-graffiti coating. 4. Prior to the issuance of a Certificate of Occupancy, the Applicant shall construct a minimum seven-foot decorative block wall along the eastern property line with anti- graffiti coating and a flat wall cap. The anti-graffiti coating shall also be applied to the proposed three-foot high screen wall along the front of the property. 5. Prior to the issuance of a Certificate of Occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer/Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: 3 -14 #27574v2Resolution No. 2020-xx Page 7 of 8 a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation; adherence to approved project phasing etc.), if applicable; b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses) if applicable; c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable; e. If Developer/Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms; f. The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Maintenance Agreement; g. The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any 3 -15 #27574v2Resolution No. 2020-xx Page 8 of 8 unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 3 -16 EXHIBIT 2 3 -17 #31443v1Resolution No. 2020-xx Page 1 of 8 LS 3.23.20 RESOLUTION NO. 2020-xx BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Tim Crankshaw with MAKAR Foods Inc. – dba Jack in the Box 5481 (“Applicant”), is requesting approval of Conditional Use Permit (“CUP”) No. 2020-05 to allow after-hours operations (24-hours) for an eating establishment at 1406 East First Street in the General Commercial (C2) zoning district. B. Santa Ana Municipal Code (“SAMC”) Section 41-365.5 (f) and 41-377.5 (a) requires approval of a CUP for eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project to as set forth by the Santa Ana Municipal Code. D. On March 23, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2020-05. E. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant CUP No. 2020-05, to operate between the hours of 12:00 a.m. and 5:00 a.m. within one hundred fifty (150) feet of residentially zoned and used property, 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 eating establishment with 24-hour operations will provide a service to persons that are working or residing in A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-05 AS CONDITIONED TO ALLOW AFTER-HOURS (24-HOUR) OPERATION FOR AN EATING ESTABLISHMENT LOCATED AT 1406 EAST FIRST STREET 3 -18 #31443v1Resolution No. 2020-xx Page 2 of 8 the area. The project will redevelop a vacant lot with a new eating establishment with a contemporary design that includes tall aluminum storefronts, an earth tone color palette, thin brick veneer, porcelain wood tiles, aluminum canopies and trim, landscaping/green screens, and a prominent front entry design that includes corrugated wall panels. The site will also include an outdoor patio and enhanced landscaping which will contribute to the aesthetics of the area. 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 operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The property to the east is a commercial development consisting of a single commercial/retail building occupied by WSS shoe store. A multiple-family residential community exists beyond the WSS store approximately 120 to the east. The existing adjacent WSS store, drive aisles, landscape buffers, and proposed seven-foot wall will help buffer the residential uses from any light, noise, or traffic impacts that the eating establishment may have on the residents. Moreover, the applicant’s request to only operate the drive-through lane, not the restaurant’s dining room, on a 24-hour basis will result in minimizing any potential impacts from late-night operations. In addition, the Police Department has determined that although there has been police activity nearby within the last 365-days, it should not reflect negatively on the proposed restaurant or after-hours activity. The Police Department contends that the operational standards applicable to after- hours activity will mitigate any potential impacts to the surrounding community and therefore does not oppose the granting of the conditional use permit. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The after-hours operations will not adversely affect the economic stability or future economic development of properties in the surrounding area. The site will be redeveloped with a new eating establishment with water efficient landscaping. An eating establishment with after- hours operations will provide additional service and eating opportunities for the area and will provide a commercial business that will generate sales tax revenue for the City. 3 -19 #31443v1Resolution No. 2020-xx Page 3 of 8 This new business will provide job opportunities and allow the business to compete with other after-hours businesses within close proximity. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed eating establishment with after-hours operations 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 establishment uses. 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. Policy 1.10, encourages the location of commercial activities at arterial roadway intersections in commercial districts. The project will provide for a new eating establishment on an arterial street. Land Use Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.8 encourages increased levels of capital investment. The after-hours operations will contribute to the viability of the site. Policy 2.9, supports developments that create a business environment that is safe and attractive. The condition of approval for property maintenance 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 development of districts that project a sense of place, positive community image and quality environment. 3 -20 #31443v1Resolution No. 2020-xx Page 4 of 8 Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15303 of the Guidelines for the California Environmental Quality Act. The Class 3 exemption applies to the construction of small structures, which in an urbanized area is defined as a building not exceeding 10,000 square feet in floor area, on sites zoned for such use, not using significant amounts of hazardous substances, where public services are available and the surrounding area is not environmentally sensitive. The proposed building is 2,664 square feet in floor area within the General Commercial zone which allows for service, retail and commercial uses. The proposed eating establishment is not anticipated to use significant amounts of hazardous substances. There are public services available through the City of Santa Ana and the Orange County Fire Authority, and the surrounding area is not environmentally sensitive. As a result, Categorical Exemption, Environmental Review No. 2019-40 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2020-05, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1406 East First Street. This decision is based upon the evidence submitted at the abovesaid 3 -21 #31443v1Resolution No. 2020-xx Page 5 of 8 hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 23, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 23rd day of March, 2020. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 23, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 3 -22 #31443v1Resolution No. 2020-xx Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2020-05 Conditional Use Permit No. 2020-05 for after-hours operations (24-hours) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2019- 10) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. The landscape plan shall also include landscape planters along the east and west property line, block wall details, and note application of anti-graffiti coating. 4. Prior to the issuance of a Certificate of Occupancy, the Applicant shall construct a minimum seven-foot decorative block wall along the eastern property line with anti- graffiti coating and a flat wall cap. The anti-graffiti coating shall also be applied to the proposed three-foot high screen wall along the front of the property. 5. Prior to the issuance of a Certificate of Occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer/Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: 3 -23 #31443v1Resolution No. 2020-xx Page 7 of 8 a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation; adherence to approved project phasing etc.), if applicable; b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses) if applicable; c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable; e. If Developer/Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms; f. The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Maintenance Agreement; g. The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any 3 -24 #31443v1Resolution No. 2020-xx Page 8 of 8 unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 3 -25 EXHIBIT 3 3 -26 2/6/2020 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP 2020-04 & CUP 2020-05, Jack in the Box1406 East First Street Exhibit 3 – Vicinity Zoning and Aerial View © 2020 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 3 -27 EXHIBIT 4 3 -28 CUP 2020-04 & CUP 2020-05 JACK IN THE BOX 1406 EAST FIRST STREET SITE PHOTOS EXHIBIT 4 3 -29 EXHIBIT 5 3 -30 FIRST STREET MCCLAY STREET960 Atlantic Avenue Alameda, CA 94501 510 865 8663 mbharch.com SHEET INDEX CODE COMPLIANCE TABLE SITE PLAN SD1.0 SITE PLAN N NORTH BUILDING CODES B DETAIL OF 6' HIGH WALL @ PROPERTY LINE A DETAIL OF 3' HIGH SCREEN WALL PROPOSED IMPROVEMENT: PUBLIC WORKS GENERAL NOTES: 3 -31 FIRST STREET MCCLAY STREET960 Atlantic Avenue Alameda, CA 94501 510 865 8663 mbharch.com SHEET INDEX CODE COMPLIANCE TABLE SITE PLAN SD1.0 SITE PLAN N NORTH BUILDING CODES B DETAIL OF 6' HIGH WALL @ PROPERTY LINE A DETAIL OF 3' HIGH SCREEN WALL PROPOSED IMPROVEMENT: PUBLIC WORKS GENERAL NOTES: 3 -32 1 D C 1 B 2 3 1.5 FREEZER COOLER WALK IN WALK IN EMPLOYEE KITCHEN A WORKSTATION GALLEY/PREP DRY STORAGE MEN WOMEN SERVICE ELECTRICAL ROOM FIRE SPRINKLER ROOM 3 4 4 A D PUBLIC DINING 960 Atlantic Avenue Alameda, CA 94501 510 865 8663 mbharch.com FURNITURE PLAN ID1.0 GENERAL NOTES NORTH 3 -33 EXHIBIT 6 3 -34 L E F T E L E V A T I O N 1 F R O N T E L E V A T I O N 1406 2 960 Atlantic Avenue Alameda, CA 94501 510 865 8663 mbharch.com EXTERIOR ELEVATIONS A4.0 MATERIAL/FINISH: EXTERIOR FINISH SCHEDULE USE CHECKED BOX ONLY COLOR: GENERAL NOTES: 3 -35 R I G H T E L E V A T I O N R E A R E L E V A T I O N NEIGHBORHOOD SIGN 1 2 960 Atlantic Avenue Alameda, CA 94501 510 865 8663 mbharch.com EXTERIOR ELEVATIONS A4.1 MATERIAL/FINISH: EXTERIOR FINISH SCHEDULE USE CHECKED BOX ONLY COLOR: GENERAL NOTES: 3 -36 EXHIBIT 7 3 -37 (E) E OH(E) SD(E) SD(E) SD(E) SD(E) W(E) W(E) W(E) W(E) W(E) W(E) W(E) W(E) W(E) W(E) W(E) W(E) W(E) W(E) W(E) W(E) W(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&T(E) AT&TSS SS EEESSSSSSSSSSSSSSSSSSSSSSSDSDSDSDSDSD SD EEEEEEEEEEEEEEEEEEEEEEEEEEEEEE SDUTUTUTUTUTUT WWWWWWW GASGASGASGASGASGASGASLIMIT OF WORKLIMIT OF WORKLIMIT OF WORKLIMIT OF WORKFIRST STREETMCCLAY STREET RETENTION BASINExisting 20" DBHChorisia speciosato remain, protectin place.Existing 36" DBHChorisia speciosato remain, protectin place.Existing 10" DBH Platanus to remain, protect in place.RETENTION BASINTG-01TG-02TG-01TG-02TG-01TG-01TG-02TG-02TG-01TG-01TG-02TG-01TG-02TG-01TG-02TG-0122DP26MDBP5RB7CG48MR27721CG219CG15KD2CG2CG9RB1CG3RBCG73LM1PMPK13PK2PM4LNKD10CG23820MD11BP6HP3ASRH7BP42WB19WGKD1116CG28ASLM29RBXC36PV9LM111HP23WBInstall 24" box streettrees per City Standardplan number 1124and approved plan,as needed.MR23123CG24HPCD305AS3KD7HP3LMCG243CD180Install 24" box streettrees per City Standardplan number 1124and approved plan,as needed.LT2TREESCODEBOTANICAL NAMECOMMON NAMESIZEET Existing TreeExisting TreeExistingLM Lagerstroemia indica x fauriei `Muskogee` Muskogee Crape Myrtle24"boxLN Lagerstroemia indica x fauriei `Natchez` Natchez Crape Myrtle24"boxLT Lagerstroemia x `Tuscarora`Crape Myrtle Coral Pink24"boxPK Pistacia chinensis `Keith Davey`Keith Davey Chinese Pistache 24"boxPM Platanus x acerifolia `Morton Circle` Exclamation London Plane Tree 24"boxSHRUBSCODEBOTANICAL NAMECOMMON NAMESIZEAS Arctostaphylos x `Sunset`Sunset Manzanita5 galBP Baccharis pilularis `Pigeon Point`Coyote Brush5 galCG Callistemon viminalis `MacArthur`Dwarf Weeping Bottle Brush 5 galCG2 Carissa macrocarpa `Green Carpet` Green Carpet Natal Plum 5 galDP Dodonaea viscosa `Purpurea`Purple Leafed Hopseed Bush 5 galHP Hesperaloe parvifloraRed Yucca5 galKD Kniphofia uvaria `Dwarf Yellow`Dwarf Yellow Poker Plant 5 galMD Myrtus communis `Compacta`Dwarf Myrtle5 galRB Rhaphiolepis indica `Ballerina`Ballerina Indian Hawthorn 5 galRH Rosmarinus officinalis `Huntington Carpet` Huntington Carpet Rosemary 5 galWB Westringia fruticosa `Blue Gem`Coast Rosemary5 galWG Westringia fruticosa `Grey Box`Coast Rosemary5 galXC Xylosma congestumShiny Xylosma5 galBIOSWALECODEBOTANICAL NAMECOMMON NAMESIZECD Carex divulsaBerkeley Sedge1 galMR2 Muhlenbergia rigensDeer Grass1 galVINECODEBOTANICAL NAMECOMMON NAMESIZEPV Parthenocissus tricuspidata `Veitchii` Boston Ivy5 galPlant LegendNotes:1 - Graphic quantities take precedence over written quantities2 - All trees shall be of quality as prescribed in the details and specifications. Any tree not meeting such requirements shall be removed from the site and replaced at no cost to the owner.3 - Trees shall not be planted within: a. 6'-0" of drive approaches b. 6'-0" of sewer lines c. 6'-0" of water lines d. 10'-0" of fire hydrants e. 10'-0" of light standards4 - All quantities and amounts shown on the plans are best estimates for the benefit of the contractor. In field conditions may vary compared to what is shown on the plans. Therefore, it is the Contractor 's responsibility to verify all lengths, square footages, and amounts prior to bidding the project.BARK MULCHSYMBOLDESCRIPTIONQTY18" linear root barriers shall be installed within eight feet (8`) of any 501 lfpavement. Linear root barriers shall be by Deep Root model number18-2. Install per manufactuer`s specifications and recommendations. Seedetail.5" thick layer or RECYCLED LANDSCAPE MULCH available from West 11,246 sfCoast Sand & Gravel. Contacto Kevin Oliver at 559. 801. 1150 for furtherinformation. See specifications for mulch.TG-01TG-02Groundcover LegendNotes:1- Graphic symbols take precedence over written quantities. Contractor to verify total quantities.2- Plant quality shall be as prescribed in the details and specifications. Any plant not meeting suchrequirement shall be removed from the site and replaced at no cost to the Owner or Landscape Architect.3- All quantities and amounts shown on the plans are best estimates for the benefit of the Contractor. Infield conditions may vary compared to what is shown on the plans. Therefore, it is the Contractor 'sresponsibility to verify all lengths, square footages, and amounts prior to bidding the project.QTY394243QTY16187914422283949287251936QTY210108QTY919014_WAJack in the Box 1" = 10' Date: Scale: Project: 1512 W. Mineral King Ave. Visalia, Ca 93291 559. 786. 9600 (c) 559. 636. 3277 (f) www.iwoodarchitecture.com Drawing DescriptionDate 12.3.2019Sheet of\\Mac\Home\Desktop\Wood Architecture\19014_WA-JIB Santa Ana\Land\CD's\CD_03\19014_WA-p1 and p2.dwg03.12.2019bykurtkoether 12L-9Planting Plan10NORTHKnow what's below.Call before you dig.R0feet201" = 10'10303 -38