The URL can be used to link to this page

Home My WebLink AboutPacket_09-26-22Planning Commission Regular Meeting Agenda September 26, 2022 5:30 P.M. Council Chamber 22 Civic Center Plaza Santa Ana, CA Members of the public may attend this meeting inperson or join via Zoom. Join from your computer: https://zoom.us/j/89191397602 Join from your mobile phone via Zoom App. Meeting ID: 89191397602 Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 89191397602 *For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30 second delay when viewing the meeting via YouTube. If you plan to provide a public comment during the meeting, please join the meeting via Zoom. For detailed participation and commenting options, please review the instructions provided at the end of this agenda. To download or view each item, select either Download PDF or View Item Details to the right of the agenda title. BAO PHAM Chair, Ward 1 Representative MIGUEL CALDERON ViceChair, Ward 6 Representative ERIC M. ALDERETE Citywide Representative THOMAS MORRISSEY Ward 2 Representative ISURI S. RAMOS Ward 3 Representative MARK McLOUGHLIN Ward 4 Representative ALAN WOO Ward 5 Representative MinhThai Executive Director John Funk Legal Counsel Fabiola Zelaya Melicher, AICP Planning Manager Chelsea Shafer Acting Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Bao Pham, Chair Miguel Calderon, ViceChair Eric M. Alderete Mark McLoughlin Thomas Morrissey Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Planning Manager Fabiola Zelaya Melicher Recording Secretary Chelsea Shafer ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve the Minutes from the meeting of September 12, 2022. b.Excused Absences Recommended Action: Excuse absent commissioners. *End of Consent Calendar* BUSINESS CALENDAR Public Hearing:The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC X on X and notices were mailed on said date. 1.Amendment Application No. 202201 and Conditional Use Permit No. 2022 14 – Ali Pezeshkpour, Case Planner Item continued from August 22, 2022 meeting. Legal notice was published in the OC Reporter on August 12, 2022 and notices were mailed on August 10, 2022. Project Location: 1700, 1720, and 1740 East Garry Avenue located in the Professional (P) zoning district. Project Applicant: Rob Mitchell (Applicant), representing Greenlaw Partners (Property Owner). Proposed Project: The applicant is requesting approval of two entitlements for the Garry Avenue Business Park, a 91,500square foot industrial structure: (1) Amendment Application No. 202201 to change the property’s zoning district designation from Professional (P) to Light Industrial (M1); and (2) Conditional Use Permit No. 202214 to allow the facility to operate as a distribution center. Environmental Impact: In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15183 of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202154, will be filed for this project. Recommended Action: 1. Recommend to continue the item to a date uncertain. 2.Conditional Use Permit No. 202215 Mario Arellano, Case Planner Legal notice was published in the OC Reported and notices were mailed out on September 14, 2022. Project Location: 2929 South Halladay Street Project Applicant: Alexander Lew with Crown Castle, on behalf of TMobile (Applicant). Proposed Project: The applicant is requesting approval of CUP No. 202215 to renew the entitlements of an existing 60foot high major wireless communications facility disguised as a monopine. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 Existing Facilities). This exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project proposes to renew the entitlements of an existing major wireless communications facility and includes minor alterations the existing facility. As such, a Notice of Exemption, Environmental Review No. 202176, will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202215 as conditioned. 3.Density Bonus Agreement Application No. 202203 and Vesting Tentative Tract Map No. 202203 Pedro Gomez, Case Planner Legal Notice was published in the OC reporter and notices were mailed out on September 14, 2022. Project Location: 717 S. Lyon Street – Ward 3 Project Applicant: Greg Ocasek, representing Warmington Residential California, Inc. (Applicant), on behalf of OC Electrical Joint Apprenticeship Trust (Property Owner). Proposed Project: Applicant is requesting approval of Density Bonus Agreement No. 202203 and Vesting Tentative Tract Map No. 202203 (County Map No. 19195) to allow the construction of a residential townhouse development, consisting of 51 townhouse units with eight units proposed as affordable to low income households. The project has been submitted pursuant to Senate Bill No. 330/the Housing Crisis Act (Government Code Section 65941.1) Environmental Impact: In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). Based on this analysis, a Notice of Exemption, Environmental Review No. 202208 will be filed for this project. Recommended Action: Adopt a resolution approving Density Bonus Agreement No. 202203 as conditioned. Adopt a resolution approving Vesting Tentative Tract Map No. 202203 as conditioned, 4.Zoning Ordinance Amendment No. 202203 Ricardo Soto, Case Planner Legal Notice was published in the OC Register on September 15, 2022 and notices were mailed on September 14, 2022. Project Location:The City of Santa Ana, encompassing 27.3 square miles in Central Orange County. Project Applicant: City of Santa Ana (Ricardo Soto, Senior Planner) Proposed Project:The City of Santa Ana is proposing to update several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to address family daycare facilities; regional planned sign program regulations for institutional uses (schools, hospitals, etc.); define and prohibit short term rentals; require conditional use permits for massage establishments; permit retail uses in industrial zoning districts; update trash bin enclosure standards; make clarifications to the Urban Lot Split and TwoUnit Development standards; require a conditional use permit for uses located within 500 feet of sensitive land uses that require a regional, state, or federal agency approval of a permit to discharge air emission or to process or store hazardous waste; define various office uses; define and regulate electric fences in industrial zones; and make clarifications to the code section regulating light processing facilities. The proposed changes would apply citywide. Environmental Impact:Pursuant to the California Environmental Quality Act (“CEQA”) and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 202273 will be filed upon adoption of this ordinance. Recommended Action: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 202203 to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to family daycare, regional planned sign program regulations, home occupation permits, and to define and prohibit short term rentals. *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on October 10, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS Site Plan Review No. 202204 Applicant is proposing a major alteration to an existing 797square foot single family addition by proposing a 544square foot addition and replacing the existing vinyl siding and replacing with a stucco finish. Scope of work to also include replace all existing windows for the property located at 922 S Birch St. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. 9/26/2022 Planning Commission 1 Planning CommissionRegular Meeting AgendaSeptember 26, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/89191397602Join from your mobile phone via Zoom App. Meeting ID: 89191397602Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 89191397602*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda. To download or view each item, select either Download PDF or View Item Details to the right of the agenda title. BAO PHAM Chair, Ward 1 Representative MIGUEL CALDERON ViceChair, Ward 6 Representative ERIC M. ALDERETE Citywide Representative THOMAS MORRISSEY Ward 2 Representative ISURI S. RAMOS Ward 3 Representative MARK McLOUGHLIN Ward 4 Representative ALAN WOO Ward 5 Representative MinhThai Executive Director John Funk Legal Counsel Fabiola Zelaya Melicher, AICP Planning Manager Chelsea Shafer Acting Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Bao Pham, Chair Miguel Calderon, ViceChair Eric M. Alderete Mark McLoughlin Thomas Morrissey Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Planning Manager Fabiola Zelaya Melicher Recording Secretary Chelsea Shafer ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve the Minutes from the meeting of September 12, 2022. b.Excused Absences Recommended Action: Excuse absent commissioners. *End of Consent Calendar* BUSINESS CALENDAR Public Hearing:The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC X on X and notices were mailed on said date. 1.Amendment Application No. 202201 and Conditional Use Permit No. 2022 14 – Ali Pezeshkpour, Case Planner Item continued from August 22, 2022 meeting. Legal notice was published in the OC Reporter on August 12, 2022 and notices were mailed on August 10, 2022. Project Location: 1700, 1720, and 1740 East Garry Avenue located in the Professional (P) zoning district. Project Applicant: Rob Mitchell (Applicant), representing Greenlaw Partners (Property Owner). Proposed Project: The applicant is requesting approval of two entitlements for the Garry Avenue Business Park, a 91,500square foot industrial structure: (1) Amendment Application No. 202201 to change the property’s zoning district designation from Professional (P) to Light Industrial (M1); and (2) Conditional Use Permit No. 202214 to allow the facility to operate as a distribution center. Environmental Impact: In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15183 of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202154, will be filed for this project. Recommended Action: 1. Recommend to continue the item to a date uncertain. 2.Conditional Use Permit No. 202215 Mario Arellano, Case Planner Legal notice was published in the OC Reported and notices were mailed out on September 14, 2022. Project Location: 2929 South Halladay Street Project Applicant: Alexander Lew with Crown Castle, on behalf of TMobile (Applicant). Proposed Project: The applicant is requesting approval of CUP No. 202215 to renew the entitlements of an existing 60foot high major wireless communications facility disguised as a monopine. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 Existing Facilities). This exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project proposes to renew the entitlements of an existing major wireless communications facility and includes minor alterations the existing facility. As such, a Notice of Exemption, Environmental Review No. 202176, will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202215 as conditioned. 3.Density Bonus Agreement Application No. 202203 and Vesting Tentative Tract Map No. 202203 Pedro Gomez, Case Planner Legal Notice was published in the OC reporter and notices were mailed out on September 14, 2022. Project Location: 717 S. Lyon Street – Ward 3 Project Applicant: Greg Ocasek, representing Warmington Residential California, Inc. (Applicant), on behalf of OC Electrical Joint Apprenticeship Trust (Property Owner). Proposed Project: Applicant is requesting approval of Density Bonus Agreement No. 202203 and Vesting Tentative Tract Map No. 202203 (County Map No. 19195) to allow the construction of a residential townhouse development, consisting of 51 townhouse units with eight units proposed as affordable to low income households. The project has been submitted pursuant to Senate Bill No. 330/the Housing Crisis Act (Government Code Section 65941.1) Environmental Impact: In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). Based on this analysis, a Notice of Exemption, Environmental Review No. 202208 will be filed for this project. Recommended Action: Adopt a resolution approving Density Bonus Agreement No. 202203 as conditioned. Adopt a resolution approving Vesting Tentative Tract Map No. 202203 as conditioned, 4.Zoning Ordinance Amendment No. 202203 Ricardo Soto, Case Planner Legal Notice was published in the OC Register on September 15, 2022 and notices were mailed on September 14, 2022. Project Location:The City of Santa Ana, encompassing 27.3 square miles in Central Orange County. Project Applicant: City of Santa Ana (Ricardo Soto, Senior Planner) Proposed Project:The City of Santa Ana is proposing to update several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to address family daycare facilities; regional planned sign program regulations for institutional uses (schools, hospitals, etc.); define and prohibit short term rentals; require conditional use permits for massage establishments; permit retail uses in industrial zoning districts; update trash bin enclosure standards; make clarifications to the Urban Lot Split and TwoUnit Development standards; require a conditional use permit for uses located within 500 feet of sensitive land uses that require a regional, state, or federal agency approval of a permit to discharge air emission or to process or store hazardous waste; define various office uses; define and regulate electric fences in industrial zones; and make clarifications to the code section regulating light processing facilities. The proposed changes would apply citywide. Environmental Impact:Pursuant to the California Environmental Quality Act (“CEQA”) and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 202273 will be filed upon adoption of this ordinance. Recommended Action: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 202203 to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to family daycare, regional planned sign program regulations, home occupation permits, and to define and prohibit short term rentals. *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on October 10, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS Site Plan Review No. 202204 Applicant is proposing a major alteration to an existing 797square foot single family addition by proposing a 544square foot addition and replacing the existing vinyl siding and replacing with a stucco finish. Scope of work to also include replace all existing windows for the property located at 922 S Birch St. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. 9/26/2022 Planning Commission 2 Planning CommissionRegular Meeting AgendaSeptember 26, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/89191397602Join from your mobile phone via Zoom App. Meeting ID: 89191397602Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 89191397602*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details tothe right of the agenda title. BAO PHAMChair, Ward 1 RepresentativeMIGUEL CALDERONViceChair, Ward 6Representative ERIC M. ALDERETECitywide RepresentativeTHOMAS MORRISSEYWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Chelsea ShaferActing RecordingSecretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings. CALL TO ORDER Commissioners: Bao Pham, Chair Miguel Calderon, ViceChair Eric M. Alderete Mark McLoughlin Thomas Morrissey Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Planning Manager Fabiola Zelaya Melicher Recording Secretary Chelsea Shafer ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) CONSENT CALENDAR ITEMS a.Minutes Recommended Action: Approve the Minutes from the meeting of September 12, 2022. b.Excused Absences Recommended Action: Excuse absent commissioners. *End of Consent Calendar* BUSINESS CALENDAR Public Hearing:The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC X on X and notices were mailed on said date. 1.Amendment Application No. 202201 and Conditional Use Permit No. 2022 14 – Ali Pezeshkpour, Case Planner Item continued from August 22, 2022 meeting. Legal notice was published in the OC Reporter on August 12, 2022 and notices were mailed on August 10, 2022. Project Location: 1700, 1720, and 1740 East Garry Avenue located in the Professional (P) zoning district. Project Applicant: Rob Mitchell (Applicant), representing Greenlaw Partners (Property Owner). Proposed Project: The applicant is requesting approval of two entitlements for the Garry Avenue Business Park, a 91,500square foot industrial structure: (1) Amendment Application No. 202201 to change the property’s zoning district designation from Professional (P) to Light Industrial (M1); and (2) Conditional Use Permit No. 202214 to allow the facility to operate as a distribution center. Environmental Impact: In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15183 of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202154, will be filed for this project. Recommended Action: 1. Recommend to continue the item to a date uncertain. 2.Conditional Use Permit No. 202215 Mario Arellano, Case Planner Legal notice was published in the OC Reported and notices were mailed out on September 14, 2022. Project Location: 2929 South Halladay Street Project Applicant: Alexander Lew with Crown Castle, on behalf of TMobile (Applicant). Proposed Project: The applicant is requesting approval of CUP No. 202215 to renew the entitlements of an existing 60foot high major wireless communications facility disguised as a monopine. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 Existing Facilities). This exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project proposes to renew the entitlements of an existing major wireless communications facility and includes minor alterations the existing facility. As such, a Notice of Exemption, Environmental Review No. 202176, will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202215 as conditioned. 3.Density Bonus Agreement Application No. 202203 and Vesting Tentative Tract Map No. 202203 Pedro Gomez, Case Planner Legal Notice was published in the OC reporter and notices were mailed out on September 14, 2022. Project Location: 717 S. Lyon Street – Ward 3 Project Applicant: Greg Ocasek, representing Warmington Residential California, Inc. (Applicant), on behalf of OC Electrical Joint Apprenticeship Trust (Property Owner). Proposed Project: Applicant is requesting approval of Density Bonus Agreement No. 202203 and Vesting Tentative Tract Map No. 202203 (County Map No. 19195) to allow the construction of a residential townhouse development, consisting of 51 townhouse units with eight units proposed as affordable to low income households. The project has been submitted pursuant to Senate Bill No. 330/the Housing Crisis Act (Government Code Section 65941.1) Environmental Impact: In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). Based on this analysis, a Notice of Exemption, Environmental Review No. 202208 will be filed for this project. Recommended Action: Adopt a resolution approving Density Bonus Agreement No. 202203 as conditioned. Adopt a resolution approving Vesting Tentative Tract Map No. 202203 as conditioned, 4.Zoning Ordinance Amendment No. 202203 Ricardo Soto, Case Planner Legal Notice was published in the OC Register on September 15, 2022 and notices were mailed on September 14, 2022. Project Location:The City of Santa Ana, encompassing 27.3 square miles in Central Orange County. Project Applicant: City of Santa Ana (Ricardo Soto, Senior Planner) Proposed Project:The City of Santa Ana is proposing to update several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to address family daycare facilities; regional planned sign program regulations for institutional uses (schools, hospitals, etc.); define and prohibit short term rentals; require conditional use permits for massage establishments; permit retail uses in industrial zoning districts; update trash bin enclosure standards; make clarifications to the Urban Lot Split and TwoUnit Development standards; require a conditional use permit for uses located within 500 feet of sensitive land uses that require a regional, state, or federal agency approval of a permit to discharge air emission or to process or store hazardous waste; define various office uses; define and regulate electric fences in industrial zones; and make clarifications to the code section regulating light processing facilities. The proposed changes would apply citywide. Environmental Impact:Pursuant to the California Environmental Quality Act (“CEQA”) and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 202273 will be filed upon adoption of this ordinance. Recommended Action: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 202203 to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to family daycare, regional planned sign program regulations, home occupation permits, and to define and prohibit short term rentals. *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on October 10, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS Site Plan Review No. 202204 Applicant is proposing a major alteration to an existing 797square foot single family addition by proposing a 544square foot addition and replacing the existing vinyl siding and replacing with a stucco finish. Scope of work to also include replace all existing windows for the property located at 922 S Birch St. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. 9/26/2022 Planning Commission 3 Planning CommissionRegular Meeting AgendaSeptember 26, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/89191397602Join from your mobile phone via Zoom App. Meeting ID: 89191397602Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 89191397602*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details tothe right of the agenda title. BAO PHAMChair, Ward 1 RepresentativeMIGUEL CALDERONViceChair, Ward 6Representative ERIC M. ALDERETECitywide RepresentativeTHOMAS MORRISSEYWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Chelsea ShaferActing RecordingSecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Bao Pham, ChairMiguel Calderon, ViceChairEric M. AldereteMark McLoughlinThomas Morrissey Isuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Chelsea ShaferROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve the Minutes from the meeting of September 12,2022.b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDAR Public Hearing:The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC X on X and notices were mailed on said date. 1.Amendment Application No. 202201 and Conditional Use Permit No. 2022 14 – Ali Pezeshkpour, Case Planner Item continued from August 22, 2022 meeting. Legal notice was published in the OC Reporter on August 12, 2022 and notices were mailed on August 10, 2022. Project Location: 1700, 1720, and 1740 East Garry Avenue located in the Professional (P) zoning district. Project Applicant: Rob Mitchell (Applicant), representing Greenlaw Partners (Property Owner). Proposed Project: The applicant is requesting approval of two entitlements for the Garry Avenue Business Park, a 91,500square foot industrial structure: (1) Amendment Application No. 202201 to change the property’s zoning district designation from Professional (P) to Light Industrial (M1); and (2) Conditional Use Permit No. 202214 to allow the facility to operate as a distribution center. Environmental Impact: In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15183 of the CEQA Guidelines. A Notice of Exemption, Environmental Review No. 202154, will be filed for this project. Recommended Action: 1. Recommend to continue the item to a date uncertain. 2.Conditional Use Permit No. 202215 Mario Arellano, Case Planner Legal notice was published in the OC Reported and notices were mailed out on September 14, 2022. Project Location: 2929 South Halladay Street Project Applicant: Alexander Lew with Crown Castle, on behalf of TMobile (Applicant). Proposed Project: The applicant is requesting approval of CUP No. 202215 to renew the entitlements of an existing 60foot high major wireless communications facility disguised as a monopine. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 Existing Facilities). This exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project proposes to renew the entitlements of an existing major wireless communications facility and includes minor alterations the existing facility. As such, a Notice of Exemption, Environmental Review No. 202176, will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202215 as conditioned. 3.Density Bonus Agreement Application No. 202203 and Vesting Tentative Tract Map No. 202203 Pedro Gomez, Case Planner Legal Notice was published in the OC reporter and notices were mailed out on September 14, 2022. Project Location: 717 S. Lyon Street – Ward 3 Project Applicant: Greg Ocasek, representing Warmington Residential California, Inc. (Applicant), on behalf of OC Electrical Joint Apprenticeship Trust (Property Owner). Proposed Project: Applicant is requesting approval of Density Bonus Agreement No. 202203 and Vesting Tentative Tract Map No. 202203 (County Map No. 19195) to allow the construction of a residential townhouse development, consisting of 51 townhouse units with eight units proposed as affordable to low income households. The project has been submitted pursuant to Senate Bill No. 330/the Housing Crisis Act (Government Code Section 65941.1) Environmental Impact: In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). Based on this analysis, a Notice of Exemption, Environmental Review No. 202208 will be filed for this project. Recommended Action: Adopt a resolution approving Density Bonus Agreement No. 202203 as conditioned. Adopt a resolution approving Vesting Tentative Tract Map No. 202203 as conditioned, 4.Zoning Ordinance Amendment No. 202203 Ricardo Soto, Case Planner Legal Notice was published in the OC Register on September 15, 2022 and notices were mailed on September 14, 2022. Project Location:The City of Santa Ana, encompassing 27.3 square miles in Central Orange County. Project Applicant: City of Santa Ana (Ricardo Soto, Senior Planner) Proposed Project:The City of Santa Ana is proposing to update several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to address family daycare facilities; regional planned sign program regulations for institutional uses (schools, hospitals, etc.); define and prohibit short term rentals; require conditional use permits for massage establishments; permit retail uses in industrial zoning districts; update trash bin enclosure standards; make clarifications to the Urban Lot Split and TwoUnit Development standards; require a conditional use permit for uses located within 500 feet of sensitive land uses that require a regional, state, or federal agency approval of a permit to discharge air emission or to process or store hazardous waste; define various office uses; define and regulate electric fences in industrial zones; and make clarifications to the code section regulating light processing facilities. The proposed changes would apply citywide. Environmental Impact:Pursuant to the California Environmental Quality Act (“CEQA”) and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 202273 will be filed upon adoption of this ordinance. Recommended Action: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 202203 to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to family daycare, regional planned sign program regulations, home occupation permits, and to define and prohibit short term rentals. *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on October 10, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS Site Plan Review No. 202204 Applicant is proposing a major alteration to an existing 797square foot single family addition by proposing a 544square foot addition and replacing the existing vinyl siding and replacing with a stucco finish. Scope of work to also include replace all existing windows for the property located at 922 S Birch St. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. 9/26/2022 Planning Commission 4 Planning CommissionRegular Meeting AgendaSeptember 26, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/89191397602Join from your mobile phone via Zoom App. Meeting ID: 89191397602Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 89191397602*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details tothe right of the agenda title. BAO PHAMChair, Ward 1 RepresentativeMIGUEL CALDERONViceChair, Ward 6Representative ERIC M. ALDERETECitywide RepresentativeTHOMAS MORRISSEYWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Chelsea ShaferActing RecordingSecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Bao Pham, ChairMiguel Calderon, ViceChairEric M. AldereteMark McLoughlinThomas Morrissey Isuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Chelsea ShaferROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve the Minutes from the meeting of September 12,2022.b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC X on X and notices were mailedon said date. 1.Amendment Application No. 202201 and Conditional Use Permit No. 202214 – Ali Pezeshkpour, Case PlannerItem continued from August 22, 2022 meeting. Legal notice was published in theOC Reporter on August 12, 2022 and notices were mailed on August 10, 2022.Project Location: 1700, 1720, and 1740 East Garry Avenue located in theProfessional (P) zoning district.Project Applicant: Rob Mitchell (Applicant), representing Greenlaw Partners(Property Owner).Proposed Project: The applicant is requesting approval of two entitlements forthe Garry Avenue Business Park, a 91,500square foot industrial structure:(1) Amendment Application No. 202201 to change the property’s zoning districtdesignation from Professional (P) to Light Industrial (M1); and (2) Conditional UsePermit No. 202214 to allow the facility to operate as a distribution center.Environmental Impact: In accordance with the California Environmental QualityAct (CEQA) and the CEQA Guidelines, the project is exempt from further reviewpursuant to Section 15183 of the CEQA Guidelines. A Notice of Exemption,Environmental Review No. 202154, will be filed for this project.Recommended Action: 1. Recommend to continue the item to a date uncertain.2.Conditional Use Permit No. 202215 Mario Arellano, Case PlannerLegal notice was published in the OC Reported and notices were mailed out onSeptember 14, 2022.Project Location: 2929 South Halladay StreetProject Applicant: Alexander Lew with Crown Castle, on behalf of TMobile(Applicant).Proposed Project: The applicant is requesting approval of CUP No. 202215 torenew the entitlements of an existing 60foot high major wireless communicationsfacility disguised as a monopine.Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 Existing Facilities). This exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project proposes to renew the entitlements of an existing major wireless communications facility and includes minor alterations the existing facility. As such, a Notice of Exemption, Environmental Review No. 202176, will be filed for this project. Recommended Action: Adopt a resolution approving Conditional Use Permit No. 202215 as conditioned. 3.Density Bonus Agreement Application No. 202203 and Vesting Tentative Tract Map No. 202203 Pedro Gomez, Case Planner Legal Notice was published in the OC reporter and notices were mailed out on September 14, 2022. Project Location: 717 S. Lyon Street – Ward 3 Project Applicant: Greg Ocasek, representing Warmington Residential California, Inc. (Applicant), on behalf of OC Electrical Joint Apprenticeship Trust (Property Owner). Proposed Project: Applicant is requesting approval of Density Bonus Agreement No. 202203 and Vesting Tentative Tract Map No. 202203 (County Map No. 19195) to allow the construction of a residential townhouse development, consisting of 51 townhouse units with eight units proposed as affordable to low income households. The project has been submitted pursuant to Senate Bill No. 330/the Housing Crisis Act (Government Code Section 65941.1) Environmental Impact: In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). Based on this analysis, a Notice of Exemption, Environmental Review No. 202208 will be filed for this project. Recommended Action: Adopt a resolution approving Density Bonus Agreement No. 202203 as conditioned. Adopt a resolution approving Vesting Tentative Tract Map No. 202203 as conditioned, 4.Zoning Ordinance Amendment No. 202203 Ricardo Soto, Case Planner Legal Notice was published in the OC Register on September 15, 2022 and notices were mailed on September 14, 2022. Project Location:The City of Santa Ana, encompassing 27.3 square miles in Central Orange County. Project Applicant: City of Santa Ana (Ricardo Soto, Senior Planner) Proposed Project:The City of Santa Ana is proposing to update several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to address family daycare facilities; regional planned sign program regulations for institutional uses (schools, hospitals, etc.); define and prohibit short term rentals; require conditional use permits for massage establishments; permit retail uses in industrial zoning districts; update trash bin enclosure standards; make clarifications to the Urban Lot Split and TwoUnit Development standards; require a conditional use permit for uses located within 500 feet of sensitive land uses that require a regional, state, or federal agency approval of a permit to discharge air emission or to process or store hazardous waste; define various office uses; define and regulate electric fences in industrial zones; and make clarifications to the code section regulating light processing facilities. The proposed changes would apply citywide. Environmental Impact:Pursuant to the California Environmental Quality Act (“CEQA”) and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 202273 will be filed upon adoption of this ordinance. Recommended Action: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 202203 to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to family daycare, regional planned sign program regulations, home occupation permits, and to define and prohibit short term rentals. *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on October 10, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS Site Plan Review No. 202204 Applicant is proposing a major alteration to an existing 797square foot single family addition by proposing a 544square foot addition and replacing the existing vinyl siding and replacing with a stucco finish. Scope of work to also include replace all existing windows for the property located at 922 S Birch St. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. 9/26/2022 Planning Commission 5 Planning CommissionRegular Meeting AgendaSeptember 26, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/89191397602Join from your mobile phone via Zoom App. Meeting ID: 89191397602Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 89191397602*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details tothe right of the agenda title. BAO PHAMChair, Ward 1 RepresentativeMIGUEL CALDERONViceChair, Ward 6Representative ERIC M. ALDERETECitywide RepresentativeTHOMAS MORRISSEYWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Chelsea ShaferActing RecordingSecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Bao Pham, ChairMiguel Calderon, ViceChairEric M. AldereteMark McLoughlinThomas Morrissey Isuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Chelsea ShaferROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve the Minutes from the meeting of September 12,2022.b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC X on X and notices were mailedon said date. 1.Amendment Application No. 202201 and Conditional Use Permit No. 202214 – Ali Pezeshkpour, Case PlannerItem continued from August 22, 2022 meeting. Legal notice was published in theOC Reporter on August 12, 2022 and notices were mailed on August 10, 2022.Project Location: 1700, 1720, and 1740 East Garry Avenue located in theProfessional (P) zoning district.Project Applicant: Rob Mitchell (Applicant), representing Greenlaw Partners(Property Owner).Proposed Project: The applicant is requesting approval of two entitlements forthe Garry Avenue Business Park, a 91,500square foot industrial structure:(1) Amendment Application No. 202201 to change the property’s zoning districtdesignation from Professional (P) to Light Industrial (M1); and (2) Conditional UsePermit No. 202214 to allow the facility to operate as a distribution center.Environmental Impact: In accordance with the California Environmental QualityAct (CEQA) and the CEQA Guidelines, the project is exempt from further reviewpursuant to Section 15183 of the CEQA Guidelines. A Notice of Exemption,Environmental Review No. 202154, will be filed for this project.Recommended Action: 1. Recommend to continue the item to a date uncertain.2.Conditional Use Permit No. 202215 Mario Arellano, Case PlannerLegal notice was published in the OC Reported and notices were mailed out onSeptember 14, 2022.Project Location: 2929 South Halladay StreetProject Applicant: Alexander Lew with Crown Castle, on behalf of TMobile(Applicant).Proposed Project: The applicant is requesting approval of CUP No. 202215 torenew the entitlements of an existing 60foot high major wireless communicationsfacility disguised as a monopine.Environmental Impact: Pursuant to the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is exempt from further reviewpursuant to Section 15301 of the CEQA Guidelines (Class 1 Existing Facilities).This exemption consists of the operation, repair, maintenance, permitting, leasing,licensing, or minor alteration of existing public or private structures, facilities,mechanical equipment, or topographical features, involving negligible or noexpansion of use beyond that existing at the time of the lead agency'sdetermination. The project proposes to renew the entitlements of an existing majorwireless communications facility and includes minor alterations the existing facility.As such, a Notice of Exemption, Environmental Review No. 202176, will be filedfor this project.Recommended Action: Adopt a resolution approving Conditional Use PermitNo. 202215 as conditioned.3.Density Bonus Agreement Application No. 202203 and Vesting TentativeTract Map No. 202203 Pedro Gomez, Case PlannerLegal Notice was published in the OC reporter and notices were mailed out onSeptember 14, 2022.Project Location: 717 S. Lyon Street – Ward 3Project Applicant: Greg Ocasek, representing Warmington ResidentialCalifornia, Inc. (Applicant), on behalf of OC Electrical Joint Apprenticeship Trust(Property Owner).Proposed Project: Applicant is requesting approval of Density Bonus AgreementNo. 202203 and Vesting Tentative Tract Map No. 202203 (County Map No.19195) to allow the construction of a residential townhouse development,consisting of 51 townhouse units with eight units proposed as affordable to lowincome households. The project has been submitted pursuant to Senate Bill No.330/the Housing Crisis Act (Government Code Section 65941.1)Environmental Impact: In accordance with the California Environmental QualityAct (CEQA), the recommended action is exempt from further review under Section15195 (Residential Infill Exemption), as this project meets all the threshold criteriaset forth in Section 15192 (Threshold Requirements for Exemptions). Based onthis analysis, a Notice of Exemption, Environmental Review No. 202208 will befiled for this project.Recommended Action: Adopt a resolution approving Density Bonus AgreementNo. 202203 as conditioned. Adopt a resolution approving Vesting Tentative TractMap No. 202203 as conditioned,4.Zoning Ordinance Amendment No. 202203 Ricardo Soto, Case PlannerLegal Notice was published in the OC Register on September 15, 2022 andnotices were mailed on September 14, 2022.Project Location:The City of Santa Ana, encompassing 27.3 square miles in Central Orange County. Project Applicant: City of Santa Ana (Ricardo Soto, Senior Planner) Proposed Project:The City of Santa Ana is proposing to update several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to address family daycare facilities; regional planned sign program regulations for institutional uses (schools, hospitals, etc.); define and prohibit short term rentals; require conditional use permits for massage establishments; permit retail uses in industrial zoning districts; update trash bin enclosure standards; make clarifications to the Urban Lot Split and TwoUnit Development standards; require a conditional use permit for uses located within 500 feet of sensitive land uses that require a regional, state, or federal agency approval of a permit to discharge air emission or to process or store hazardous waste; define various office uses; define and regulate electric fences in industrial zones; and make clarifications to the code section regulating light processing facilities. The proposed changes would apply citywide. Environmental Impact:Pursuant to the California Environmental Quality Act (“CEQA”) and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review No. 202273 will be filed upon adoption of this ordinance. Recommended Action: Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 202203 to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to family daycare, regional planned sign program regulations, home occupation permits, and to define and prohibit short term rentals. *End of Business Calendar* STAFF COMMENTS COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on October 10, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS Site Plan Review No. 202204 Applicant is proposing a major alteration to an existing 797square foot single family addition by proposing a 544square foot addition and replacing the existing vinyl siding and replacing with a stucco finish. Scope of work to also include replace all existing windows for the property located at 922 S Birch St. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. 9/26/2022 Planning Commission 6 Planning CommissionRegular Meeting AgendaSeptember 26, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/89191397602Join from your mobile phone via Zoom App. Meeting ID: 89191397602Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 89191397602*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details tothe right of the agenda title. BAO PHAMChair, Ward 1 RepresentativeMIGUEL CALDERONViceChair, Ward 6Representative ERIC M. ALDERETECitywide RepresentativeTHOMAS MORRISSEYWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Chelsea ShaferActing RecordingSecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Bao Pham, ChairMiguel Calderon, ViceChairEric M. AldereteMark McLoughlinThomas Morrissey Isuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Chelsea ShaferROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve the Minutes from the meeting of September 12,2022.b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC X on X and notices were mailedon said date. 1.Amendment Application No. 202201 and Conditional Use Permit No. 202214 – Ali Pezeshkpour, Case PlannerItem continued from August 22, 2022 meeting. Legal notice was published in theOC Reporter on August 12, 2022 and notices were mailed on August 10, 2022.Project Location: 1700, 1720, and 1740 East Garry Avenue located in theProfessional (P) zoning district.Project Applicant: Rob Mitchell (Applicant), representing Greenlaw Partners(Property Owner).Proposed Project: The applicant is requesting approval of two entitlements forthe Garry Avenue Business Park, a 91,500square foot industrial structure:(1) Amendment Application No. 202201 to change the property’s zoning districtdesignation from Professional (P) to Light Industrial (M1); and (2) Conditional UsePermit No. 202214 to allow the facility to operate as a distribution center.Environmental Impact: In accordance with the California Environmental QualityAct (CEQA) and the CEQA Guidelines, the project is exempt from further reviewpursuant to Section 15183 of the CEQA Guidelines. A Notice of Exemption,Environmental Review No. 202154, will be filed for this project.Recommended Action: 1. Recommend to continue the item to a date uncertain.2.Conditional Use Permit No. 202215 Mario Arellano, Case PlannerLegal notice was published in the OC Reported and notices were mailed out onSeptember 14, 2022.Project Location: 2929 South Halladay StreetProject Applicant: Alexander Lew with Crown Castle, on behalf of TMobile(Applicant).Proposed Project: The applicant is requesting approval of CUP No. 202215 torenew the entitlements of an existing 60foot high major wireless communicationsfacility disguised as a monopine.Environmental Impact: Pursuant to the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is exempt from further reviewpursuant to Section 15301 of the CEQA Guidelines (Class 1 Existing Facilities).This exemption consists of the operation, repair, maintenance, permitting, leasing,licensing, or minor alteration of existing public or private structures, facilities,mechanical equipment, or topographical features, involving negligible or noexpansion of use beyond that existing at the time of the lead agency'sdetermination. The project proposes to renew the entitlements of an existing majorwireless communications facility and includes minor alterations the existing facility.As such, a Notice of Exemption, Environmental Review No. 202176, will be filedfor this project.Recommended Action: Adopt a resolution approving Conditional Use PermitNo. 202215 as conditioned.3.Density Bonus Agreement Application No. 202203 and Vesting TentativeTract Map No. 202203 Pedro Gomez, Case PlannerLegal Notice was published in the OC reporter and notices were mailed out onSeptember 14, 2022.Project Location: 717 S. Lyon Street – Ward 3Project Applicant: Greg Ocasek, representing Warmington ResidentialCalifornia, Inc. (Applicant), on behalf of OC Electrical Joint Apprenticeship Trust(Property Owner).Proposed Project: Applicant is requesting approval of Density Bonus AgreementNo. 202203 and Vesting Tentative Tract Map No. 202203 (County Map No.19195) to allow the construction of a residential townhouse development,consisting of 51 townhouse units with eight units proposed as affordable to lowincome households. The project has been submitted pursuant to Senate Bill No.330/the Housing Crisis Act (Government Code Section 65941.1)Environmental Impact: In accordance with the California Environmental QualityAct (CEQA), the recommended action is exempt from further review under Section15195 (Residential Infill Exemption), as this project meets all the threshold criteriaset forth in Section 15192 (Threshold Requirements for Exemptions). Based onthis analysis, a Notice of Exemption, Environmental Review No. 202208 will befiled for this project.Recommended Action: Adopt a resolution approving Density Bonus AgreementNo. 202203 as conditioned. Adopt a resolution approving Vesting Tentative TractMap No. 202203 as conditioned,4.Zoning Ordinance Amendment No. 202203 Ricardo Soto, Case PlannerLegal Notice was published in the OC Register on September 15, 2022 andnotices were mailed on September 14, 2022.Project Location:The City of Santa Ana, encompassing 27.3 square miles inCentral Orange County.Project Applicant: City of Santa Ana (Ricardo Soto, Senior Planner)Proposed Project:The City of Santa Ana is proposing to update severalsections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) toaddress family daycare facilities; regional planned sign program regulations forinstitutional uses (schools, hospitals, etc.); define and prohibit short term rentals;require conditional use permits for massage establishments; permit retail uses inindustrial zoning districts; update trash bin enclosure standards; makeclarifications to the Urban Lot Split and TwoUnit Development standards; requirea conditional use permit for uses located within 500 feet of sensitive land uses thatrequire a regional, state, or federal agency approval of a permit to discharge airemission or to process or store hazardous waste; define various office uses;define and regulate electric fences in industrial zones; and make clarifications tothe code section regulating light processing facilities. The proposed changeswould apply citywide.Environmental Impact:Pursuant to the California Environmental Quality Act(“CEQA”) and the state CEQA Guidelines, the adoption of this Ordinance isexempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) ofthe State CEQA Guidelines because it will not result in a direct or reasonablyforeseeable indirect physical change in the environment, as there is no possibilityit will have a significant effect on the environment and it is not a "project", asdefined in Section 15378 of the CEQA Guidelines. As a result, a Notice ofExemption, Environmental Review No. 202273 will be filed upon adoption of thisordinance.Recommended Action: Recommend that the City Council adopt an ordinanceapproving Zoning Ordinance Amendment No. 202203 to amend various sectionsof Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to familydaycare, regional planned sign program regulations, home occupation permits,and to define and prohibit short term rentals.*End of Business Calendar*STAFF COMMENTSCOMMISSIONER COMMENTSADJOURNMENTThe next meeting of the Planning Commission will be on October 10, 2022 at 5:30 PM in theCouncil Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. FUTURE AGENDA ITEMS Site Plan Review No. 202204 Applicant is proposing a major alteration to an existing 797square foot single family addition by proposing a 544square foot addition and replacing the existing vinyl siding and replacing with a stucco finish. Scope of work to also include replace all existing windows for the property located at 922 S Birch St. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. 9/26/2022 Planning Commission 7 Planning CommissionRegular Meeting AgendaSeptember 26, 20225:30 P.M.Council Chamber22 Civic Center PlazaSanta Ana, CA Members of the public may attend this meeting inperson or join via Zoom.Join from your computer: https://zoom.us/j/89191397602Join from your mobile phone via Zoom App. Meeting ID: 89191397602Dial in from a mobile phone or landline.(669) 900 6833; Meeting ID: 89191397602*For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30second delay when viewing the meeting via YouTube. If you plan to provide a public commentduring the meeting, please join the meeting via Zoom.For detailed participation and commenting options, please review the instructionsprovided at the end of this agenda.To download or view each item, select either Download PDF or View Item Details tothe right of the agenda title. BAO PHAMChair, Ward 1 RepresentativeMIGUEL CALDERONViceChair, Ward 6Representative ERIC M. ALDERETECitywide RepresentativeTHOMAS MORRISSEYWard 2 Representative ISURI S. RAMOSWard 3 RepresentativeMARK McLOUGHLINWard 4 Representative ALAN WOOWard 5 RepresentativeMinhThaiExecutive DirectorJohn FunkLegal Counsel Fabiola Zelaya Melicher, AICPPlanning Manager Chelsea ShaferActing RecordingSecretaryIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CALL TO ORDER Commissioners: Bao Pham, ChairMiguel Calderon, ViceChairEric M. AldereteMark McLoughlinThomas Morrissey Isuri S. RamosAlan Woo Executive Director Minh ThaiSenior Asst. City Attorney John FunkPlanning Manager Fabiola Zelaya MelicherRecording Secretary Chelsea ShaferROLL CALLPLEDGE OF ALLEGIANCEPUBLIC COMMENTS (non agenda items)CONSENT CALENDAR ITEMSa.MinutesRecommended Action: Approve the Minutes from the meeting of September 12,2022.b.Excused AbsencesRecommended Action: Excuse absent commissioners.*End of Consent Calendar*BUSINESS CALENDARPublic Hearing:The Planning Commission decision on Conditional Use Permits,Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, andPublic Convenience or Necessity Determinations are final unless appealed within 10days of the decision by any interested party or group (refer to the Basic MeetingInformation page for more information). The Planning Commission recommendationon Zoning and General Plan amendments, Development Agreements, SpecificDevelopments, and Specific Plans will be forwarded to the City Council for finaldetermination. Legal notice was published in the OC X on X and notices were mailedon said date. 1.Amendment Application No. 202201 and Conditional Use Permit No. 202214 – Ali Pezeshkpour, Case PlannerItem continued from August 22, 2022 meeting. Legal notice was published in theOC Reporter on August 12, 2022 and notices were mailed on August 10, 2022.Project Location: 1700, 1720, and 1740 East Garry Avenue located in theProfessional (P) zoning district.Project Applicant: Rob Mitchell (Applicant), representing Greenlaw Partners(Property Owner).Proposed Project: The applicant is requesting approval of two entitlements forthe Garry Avenue Business Park, a 91,500square foot industrial structure:(1) Amendment Application No. 202201 to change the property’s zoning districtdesignation from Professional (P) to Light Industrial (M1); and (2) Conditional UsePermit No. 202214 to allow the facility to operate as a distribution center.Environmental Impact: In accordance with the California Environmental QualityAct (CEQA) and the CEQA Guidelines, the project is exempt from further reviewpursuant to Section 15183 of the CEQA Guidelines. A Notice of Exemption,Environmental Review No. 202154, will be filed for this project.Recommended Action: 1. Recommend to continue the item to a date uncertain.2.Conditional Use Permit No. 202215 Mario Arellano, Case PlannerLegal notice was published in the OC Reported and notices were mailed out onSeptember 14, 2022.Project Location: 2929 South Halladay StreetProject Applicant: Alexander Lew with Crown Castle, on behalf of TMobile(Applicant).Proposed Project: The applicant is requesting approval of CUP No. 202215 torenew the entitlements of an existing 60foot high major wireless communicationsfacility disguised as a monopine.Environmental Impact: Pursuant to the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is exempt from further reviewpursuant to Section 15301 of the CEQA Guidelines (Class 1 Existing Facilities).This exemption consists of the operation, repair, maintenance, permitting, leasing,licensing, or minor alteration of existing public or private structures, facilities,mechanical equipment, or topographical features, involving negligible or noexpansion of use beyond that existing at the time of the lead agency'sdetermination. The project proposes to renew the entitlements of an existing majorwireless communications facility and includes minor alterations the existing facility.As such, a Notice of Exemption, Environmental Review No. 202176, will be filedfor this project.Recommended Action: Adopt a resolution approving Conditional Use PermitNo. 202215 as conditioned.3.Density Bonus Agreement Application No. 202203 and Vesting TentativeTract Map No. 202203 Pedro Gomez, Case PlannerLegal Notice was published in the OC reporter and notices were mailed out onSeptember 14, 2022.Project Location: 717 S. Lyon Street – Ward 3Project Applicant: Greg Ocasek, representing Warmington ResidentialCalifornia, Inc. (Applicant), on behalf of OC Electrical Joint Apprenticeship Trust(Property Owner).Proposed Project: Applicant is requesting approval of Density Bonus AgreementNo. 202203 and Vesting Tentative Tract Map No. 202203 (County Map No.19195) to allow the construction of a residential townhouse development,consisting of 51 townhouse units with eight units proposed as affordable to lowincome households. The project has been submitted pursuant to Senate Bill No.330/the Housing Crisis Act (Government Code Section 65941.1)Environmental Impact: In accordance with the California Environmental QualityAct (CEQA), the recommended action is exempt from further review under Section15195 (Residential Infill Exemption), as this project meets all the threshold criteriaset forth in Section 15192 (Threshold Requirements for Exemptions). Based onthis analysis, a Notice of Exemption, Environmental Review No. 202208 will befiled for this project.Recommended Action: Adopt a resolution approving Density Bonus AgreementNo. 202203 as conditioned. Adopt a resolution approving Vesting Tentative TractMap No. 202203 as conditioned,4.Zoning Ordinance Amendment No. 202203 Ricardo Soto, Case PlannerLegal Notice was published in the OC Register on September 15, 2022 andnotices were mailed on September 14, 2022.Project Location:The City of Santa Ana, encompassing 27.3 square miles inCentral Orange County.Project Applicant: City of Santa Ana (Ricardo Soto, Senior Planner)Proposed Project:The City of Santa Ana is proposing to update severalsections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) toaddress family daycare facilities; regional planned sign program regulations forinstitutional uses (schools, hospitals, etc.); define and prohibit short term rentals;require conditional use permits for massage establishments; permit retail uses inindustrial zoning districts; update trash bin enclosure standards; makeclarifications to the Urban Lot Split and TwoUnit Development standards; requirea conditional use permit for uses located within 500 feet of sensitive land uses thatrequire a regional, state, or federal agency approval of a permit to discharge airemission or to process or store hazardous waste; define various office uses;define and regulate electric fences in industrial zones; and make clarifications tothe code section regulating light processing facilities. The proposed changeswould apply citywide.Environmental Impact:Pursuant to the California Environmental Quality Act(“CEQA”) and the state CEQA Guidelines, the adoption of this Ordinance isexempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) ofthe State CEQA Guidelines because it will not result in a direct or reasonablyforeseeable indirect physical change in the environment, as there is no possibilityit will have a significant effect on the environment and it is not a "project", asdefined in Section 15378 of the CEQA Guidelines. As a result, a Notice ofExemption, Environmental Review No. 202273 will be filed upon adoption of thisordinance.Recommended Action: Recommend that the City Council adopt an ordinanceapproving Zoning Ordinance Amendment No. 202203 to amend various sectionsof Chapter 41 (Zoning) of the Santa Ana Municipal Code relating to familydaycare, regional planned sign program regulations, home occupation permits,and to define and prohibit short term rentals.*End of Business Calendar*STAFF COMMENTSCOMMISSIONER COMMENTSADJOURNMENTThe next meeting of the Planning Commission will be on October 10, 2022 at 5:30 PM in theCouncil Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701.FUTURE AGENDA ITEMSSite Plan Review No. 202204 Applicant is proposing a major alteration to an existing797square foot single family addition by proposing a 544square foot addition andreplacing the existing vinyl siding and replacing with a stucco finish. Scope of work toalso include replace all existing windows for the property located at 922 S Birch St.APPEAL INFORMATIONThe formal action by the Planning Commission shall become effective after the tendayappeal period, unless the City Council in compliance with section 41643, 41644 or 41645holds a public hearing on the matter, then the formal action will become effective on the dayfollowing the hearing and decision by the City Council. An appeal from the decision orrequirement of the Planning Commission may be made by any interested party, individual, orgroup. The appeal must be filed with the Clerk of the Council, accompanied by the requiredfiling fee, and a copy sent to the Planning Department, within ten days of the date of theCommission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observedholiday or a day when City hall is closed, the final day to appeal shall be extended to the nextday City Hall is open for public business. Please note: Under California Government CodeSec. 65009, if you challenge in court any of the matters on this agenda for which a publichearing is to be conducted, you may be limited to raising only those issues which you (orsomeone else) raised orally at the public hearing or in written correspondence received bythe Planning Commission or City Council at or before the hearing.MEETING INFORMATIONIf you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials.1. Connecting directly from your computer:Click on the link on top of this agenda ORGo to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The MeetingID is listed at the top of this agenda.To speak during the meeting: When you wish to comment on an item that is being isdiscussed, click on the button next to your name to virtually raise your hand and let us knowyou wish to speak. You will have 3 minutes.2. Connecting via the Zoom App:Download the free Zoom Cloud Meetings app from your favorite app store.Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. 9/26/2022 Planning Commission 8 Planning Commission 9/12/2022 1 Planning Commission Regular Meeting Agenda September 12, 2022 5:30 P.M. Council Chamber 22 Civic Center Plaza Santa Ana, CA MIGUEL CALDERON ViceChair, Ward 6 Representative BAO PHAM Chair, Ward 1 Representative ERIC M. ALDERETE Citywide Representative THOMAS MORRISSEY Ward 2 Representative MARK McLOUGHLIN Ward 4 Representative ISURI S. RAMOS Ward 3 Representative ALAN WOO Ward 5 Representative MinhThai Executive Director John Funk Legal Counsel Fabiola Zelaya Melicher, AICP Planning Manager Chelsea Shafer Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.9/26/2022 Planning Commission a – 1 Planning Commission 9/12/2022 2 CALL TO ORDER Commissioners: Bao Pham, Chair, Miguel Calderon, ViceChair Eric M. Alderete Thomas Morrissey Mark McLoughlin Isuri S. Ramos Alan Woo Executive Director Minh Thai Senior Asst. City Attorney John Funk Planning Manager Fabiola Zelaya Melicher Recording Secretary Chelsea Shafer ROLL CALL Minutes: Quorum was reached at 5:37 pm. Commissioner Ramos was participating in the meeting via Zoom. Commissioner Ramos left the meeting after rollcall was taken and returned to the meeting at 6:09 p.m. PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non agenda items) Minutes: Sheri Menke provided public comment regarding shortterm rentals. CONSENT CALENDAR ITEMS a. Minutes Recommended Action: Approve Minutes from the August 22, 2022 meeting. Moved by Commissioner McLoughlin, seconded by Commissioner Alderete to Approve. YES: 4 – Eric Alderete, Mark McLoughlin, Bao Pham, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 3 – Miguel Calderon, Tom Morrissey, Isuri Ramos Status: 4 – 0 – 0 – 3 – Pass 9/26/2022 Planning Commission a – 2 Planning Commission 9/12/2022 3 b. Excused Absences Recommended Action: Excuse absent commissioners. Moved by Commissioner McLoughlin, seconded by Commissioner Alderete to Approve. YES: 4 – Eric Alderete, Mark McLoughlin, Bao Pham, Alan Woo NO: 0 – ABSTAIN: 0 – ABSENT: 3 – Miguel Calderon, Tom Morrissey, Isuri Ramos Status: 4 – 0 – 0 – 3 – Pass *End of Consent Calendar* Work Study Session 1. Code Updated Regulations Minutes: Staff Ricardo Soto provided a presentation to the commission covering proposed amendments for the following topics: • Family Daycare Facilities • Regional Planned Sign Programs • Short Term Rentals • Trash Enclosure Standards • CUPs – Massage Establishments, Noxious Uses • Various Use Definitions • Urban Lot Splits and TwoUnit Developments (SB9) • Light Processing Facilities • Electric Fences • Retail Uses in Industrial Zones • Change of Use Parking Exceptions • Synthetic Turf – Residential Zones • CEQA Questions and comments from the Commission include: • McLoughlin o Are prior zoning code changes grandfathered into the new amendment or will the current code be considered noncompliant?  Staff and Executive Director responded. o Family daycare facilities – CUP and monitorization clarification. 9/26/2022 Planning Commission a – 3 Planning Commission 9/12/2022 4 • Woo o Comment regarding current family daycare facilities’ zoning. • McLoughlin o Are there any additional changes that should be considered?  Staff and Executive Director provided responses. • Woo o Will the commission receive the draft of proposed language?  Staff responded to the Commission that language would be provided at the 9/26/22 Planning Commission meeting. o Clarification for specific message establishments – Is there a distinction between holistic and medical establishments?  Staff responded. o Clarification on Professional, Businesses, and Administrative Office Use.  Staff responded. o How will the amendments affect shortterm rentals?  Staff responded. • Pham o Clarify amendment adoption processes as collective or singular adoption.  Staff responded. o Is CUP ownership for massage parlors for the property owner or the tenant?  Staff responded. o How does staff foresee impacts from SB 9 – Urban Lot Splits and Two Unit Developments?  Staff responded. o Question regarding retail–industrial split: Can the property owner divide and sublease buildings for retail?  Staff responded. o Question regarding Parking Use Exceptions  Staff responded. 2. Update on Housing Legislation Minutes: Staff Fabiola Zelaya Melicher provided a presentation to the commission covering State Housing Legislation from 2018 to present. Laws covered include: • 2018 – SB 167, AB 678, AB 1515 • 2019 – AB 2753, AB 3194, AB 2263, SB 1227, SB 1333, SB 330 • 2020 – AB 1851, AB 3182 • 2021 – SB 8, SB 9, SB 10, AB 634, SB 591, AB 345 9/26/2022 Planning Commission a – 4 Planning Commission 9/12/2022 5 • 2022 – SB 6, AB 2011, AB 2097 Questions and comments from the Commission include: • McLoughlin o Comment regarding unit to parking requirements as designated by the state. How can the City implement the state requirements?  Staff and Executive Director responded. • Woo o Comment regarding educational opportunity available for the community as it relates to state and local control. o Is there a correlation between water and housing? • McLoughlin o Units per property clarification.  Staff responded. • Woo o Residential requirement for selling property? o Commented on affordable housing. • McLoughlin o Units per property clarification – in addition to main property.  Staff responded. • Pham o Has there been SB 9 utilization in Santa Ana?  Staff responded. o Would Santa Ana benefit from SB 9?  Staff and Executive Director responded. • Ramos o Will Covenants, Conditions & Restrictions (CC&R)s be able to limit garage conversions into ADUs’?  Staff responded. o Consider pending legislation as projects are brought to the Commission. • McLoughlin o When is parking requirement considered if a garage is converted into an ADU?  Staff responded. *End of Work Study Session Calendar* STAFF COMMENTS 9/26/2022 Planning Commission a – 5 Planning Commission 9/12/2022 6 1. La Placita Cinco Award Recognitions Minutes: Staff Ali Pezeshkpour commented on the awards received by the La Placita Cinco project. Awards received include: • Orange County American Planning Association (APA) • Southern California Association of Governments (SCAG) • 2022 Kennedy Commission Housing Authority Awards Questions and comments from the Commission include: • Woo o Commented on the 2022 Housing Authority Awards • Alderete o Congratulations on achievement Executive Director Minh Thai notified the Commission of the upcoming APA Southern California Conference Questions and comments from the Commission include: • Woo o Clarification on the conference  Executive Director responded. o Call for topics submissions from Cal Cities Conference. COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on September 26, 2022 at 5:30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. Meeting adjourned at 6:51 pm. FUTURE AGENDA ITEMS • Conditional Use Permit No. 202213 to change of use of an existing warehouse/office building to a 23,844 SF Church facility located at 2909 S. Daimler Street • Conditional Use Permit No. 202208 to upgrade current ABC License from Type 20 to Type 21 located at 2241 N. Fairview Street APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the tenday appeal period, unless the City Council in compliance with section 41643, 41644 or 41645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or 9/26/2022 Planning Commission a – 6 Planning Commission 9/12/2022 7 group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 9009128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting: When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: 9/26/2022 Planning Commission a – 7 Planning Commission 9/12/2022 8 Email PBAecomments@santaana.org and reference the topic in the subject line. Mail to Chelsea Shafer, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. 9/26/2022 Planning Commission a – 8 Planning and Building Agency Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report September 26, 2022 Topic: CUP No. 2022-15 – Major Wireless Communications Facility Renewal RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2022-15 as conditioned. EXECUTIVE SUMMARY Alexander Lew with Crown Castle, on behalf of T-Mobile (Applicant) and Halladay 4, LLC (Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2022-15 to renew the entitlements of an existing 60-foot tall major wireless (“mono-pine”) communications facility located at 2929 South Halladay Street. Pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC), major wireless communications facilities require approval of a CUP and are required to be renewed every 10 years. Staff is recommending approval of the applicant’s request due to the facility’s location that allows for mitigated aesthetic intrusion to the surrounding area and its ability to continue to provide a community benefit through wireless communications service and coverage. DISCUSSION Project Description The applicant is requesting approval of CUP No. 2022-15 to renew the entitlements of an existing 60-foot high major wireless communications facility disguised as a mono-pine. The facility currently provides cellular coverage and call capacity to residential and commercial areas within the area. The facility’s equipment and antennas are adjacent to an industrial building within the parking area. The proposed project includes the replacement of antennas and replacement and installation of ground-mounted equipment within the existing leased area. Table 1: Project Location and Information Item Information Project Address & Council Ward 2929 South Halladay Street (Ward 4) Nearest Intersection Halladay Street and Dyer Road General Plan Designation Industrial (IND) Zoning Designation Light Industrial (M1) North East South Surrounding Land Uses West Industrial Property Size 0.32 Acres9/26/2022 Planning Commission 2 – 1 CUP No. 2022-15 Major Wireless Communications Facility Renewal September 26, 2022 Page 2 2 9 2 2 Item Information Existing Site Development The site is currently developed with a 7,430-square foot industrial building and associated parking and landscaping, as well as the subject major wireless communications facility. Use Permissions Allowed with approval of a CUP Uses Section 41-198.3(b)Zoning Code Sections Affected Operational Standards Section 41-198 Table 2: Development Standards Standards Required by SAMC Provided Screening Criteria A stealth facility Complies; mono-pine Site Selection Areas that will minimize aesthetic intrusion Complies; the facility is located within an industrial development area and the tower and equipment are located towards the interior of the property and away from sensitive land uses Height Criteria Not to exceed 60 feet in height from ground level as measured from the nearest street curb Complies; 60-feet high Landscaping Groundcover at the base of the facility and one twenty-four (24) inch box tree Complies, as conditioned; the project shall include enhanced landscaping along the fence Equipment Screening Decorative fencing such as wrought iron or block around the wireless facility Complies, as conditioned; the project shall include the installation of a new 6-foot high wrought iron fence as originally approved Project Background On April 6, 2009, the Planning Commission approved CUP No. 2009-01 allowing construction of the subject mono-pine, ground equipment, fence and landscaping. Pursuant to SAMC Section 41-198.3(b), a CUP is required for all major wireless communications facilities in the City. Furthermore, Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed 10 years. As the current entitlements have reached the ten-year lifespan, the applicant is required to apply for a new CUP in order to maintain the entitlements for the facility. An inspection of the site for conformance to conditions of approval required by CUP No. 2009-01 indicates that several original improvements were not constructed. These include a wrought iron fence enclosing the parking area with plant material installed along the base. The applicant has agreed to several conditions of approval to replace the chain link fence with a new wrought iron fence and install an additional box canopy tree and vines along the new fence to conform to current requirements. 9/26/2022 Planning Commission 2 – 2 CUP No. 2022-15 Major Wireless Communications Facility Renewal September 26, 2022 Page 3 2 9 2 2 Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. In analyzing the CUP request, staff believes that the following analysis warrants staff’s recommendation. As part of the development review of the project, staff worked closely with the applicant to identify improvements to enhance the overall appearance of the site. These improvements include replacement of all deteriorating and/or faded stealth branches or needles and refreshing antenna socks, as needed. In processing wireless communications facilities, the City of Santa Ana must consider provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], which limits the ability of local agencies to impose additional conditions of approval when cell phone tower permits are renewed. These limits include additional stealthing if such screening or stealthing was not required at the time of original construction and/or seismic retrofits. Since the original approval included matured landscaping and decorative fencing to mitigate aesthetic intrusion to the surrounding area, a condition of approval is included to install a wrought iron fence and provide additional landscaping along that fence, thereby reverting to the design approved by the original entitlement. This location is optimal to provide the coverage necessary for existing and expanding service. The facility provides a benefit to Santa Ana residents, businesses and motorists who subscribe to mobile phone services by providing cellular and data capacity in the area. The facility will be in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Finally, the use will continue to comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the SAMC. As conditioned, the facility continues to meet all height, location/zoning, and stealthing standards. The facility will not adversely affect the General Plan, as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs including the means of communication provided by the facility. Policy 1.1 of the Land Use Element encourages development that fosters compatibility between land uses to enhance livability. Goal 1 of the Public Services Element calls for providing quality and efficient facilities that are adequately funded, accessible, safe, and strategically located. Policy PS-1.2 calls for equitable distributions to ensure public services reflect changing population needs and are equitably distributed and accessible, with priority assigned to improving areas that are underserved and/or within environmental justice boundaries. Goal PS-2, to preserve a safe and secure environment for all people and property, is also applicable. Policy PS-2.11 calls for coordinating with utilities and public agencies to develop, maintain, relocate, and/or 9/26/2022 Planning Commission 2 – 3 CUP No. 2022-15 Major Wireless Communications Facility Renewal September 26, 2022 Page 4 2 9 2 2 upgrade critical local and regional public facilities and infrastructure systems to ensure their resiliency during times of extreme weather or natural disasters, or toxic emission release. The cellular coverage provided by the facility satisfies the goals and policies of the General Plan as it allows for enhanced livability and interactions between surrounding uses. Moreover, renewing the entitlements for this facility maintains the coverage and services that are already available for business owners, workers, visitors and residents in the immediate vicinity while increasing the service availability during an emergency and/or natural disaster. The proposed wireless facility is within an identified environmental justice area, which will expand coverage in the area. Public Notification and Community Outreach Public notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1000-foot notification radius map, and the site posting are provided in Exhibit 6. The property is not located within an established Neighborhood Association. At the time this report was printed, no issues of concern were raised regarding the proposed CUP. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 - Existing Facilities). This exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project proposes to renew the entitlements of an existing major wireless communications facility and includes minor alterations the existing facility. As such, a Notice of Exemption, Environmental Review No. 2021-76, will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution 2. Vicinity Zoning & Aerial Map 3. Site Photo 4. Site Plan & Equipment Plan 5. Elevations 6. Copy of Public Notices 9/26/2022 Planning Commission 2 – 4 CUP No. 2022-15 Major Wireless Communications Facility Renewal September 26, 2022 Page 5 2 9 2 2 Submitted By: Heidi Jacinto, Assistant Planner II Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency 9/26/2022 Planning Commission 2 – 5 Resolution No. 2022-XXX Page 1 of 8 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2022-15 AS CONDITIONED TO RENEW THE ENTITLEMENTS OF AN EXISTING 60-FOOT TALL MAJOR WIRELESS COMMUNICATIONS FACILITY LOCATED AT 2929 SOUTH HALLADAY STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Alexander Lew with Crown Castle, on behalf of T-Mobile (Applicant) and Halladay 4, LLC (Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2022-15 to renew the entitlements of an existing 60- foot tall major wireless communications facility disguised as a mono-pine located at 2929 South Halladay Street. B. On April 6, 2009, the Planning Commission approved CUP No. 2009-01, allowing the construction of the subject major wireless communications facility. C. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-198.3(b), a Conditional Use Permit is required for major wireless communications facilities established in the City of Santa Ana. D. In addition, SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed ten (10) years. E. As the current facility has reached its ten-year term, the applicant is required to apply for a new CUP in order to maintain entitlements for the current facility. F. On September 26, 2022, the Planning Commission held a duly noticed public hearing on CUP No. 2022-15. G. The Planning Commission determines that the following findings, which must be established in order to grant a CUP pursuant to SAMC Section 41- 638, have been established for CUP No. 2022-15 to renew the entitlements of an existing 60-foot tall major wireless communications facility: 9/26/2022 Planning Commission 2 – 6 Resolution No. 2022-XXX Page 2 of 8 1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The major wireless communications facility will continue to provide a service to Santa Ana residents, businesses and motorists who subscribe to cellular services by providing cellular service and data coverage for its users within the vicinity. The issuance of a new CUP will allow the provider to continue to provide a service to the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The issuance of a new CUP to maintain a wireless facility at this location will not be detrimental to persons residing or working in the area as the facility will remain in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Additionally, the applicant will be replacing antennas and equipment that is similar to existing equipment on the mono-pine and within the leased area. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The facility is compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the facility’s location at the rear of the site will maintain and increase the economic stability of the area by providing an additional service for business owners, workers, and residents in the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to comply with all provisions pertaining to the continuation of existing wireless facilities identified in Chapter 41 (Zoning Code) of the SAMC. The facility will continue to be stealthed by its design and surrounding landscape and will comply with other standards outlined in the SAMC. In addition, as conditioned, the installation of a wrought iron fence and adjacent matured landscaping will assist with the overall screening of the facility. 9/26/2022 Planning Commission 2 – 7 Resolution No. 2022-XXX Page 3 of 8 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 major wireless communications facility will not adversely affect the General Plan, as cellular facilities designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs including the means of communication provided by the facility. Policy 1.1 of the Land Use Element encourages development that fosters compatibility between land uses to enhance livability. Goal 1 of the Public Services Element calls for providing quality and efficient facilities that are adequately funded, accessible, safe, and strategically located. Policy PS- 1.2 calls for equitable distributions to ensure public services reflect changing population needs and are equitably distributed and accessible, with priority assigned to improving areas that are underserved and/or within environmental justice boundaries. Goal PS-2, to preserve a safe and secure environment for all people and property, is also applicable. Policy PS-2.11 calls for coordinating with utilities and public agencies to develop, maintain, relocate, and/or upgrade critical local and regional public facilities and infrastructure systems to ensure their resiliency during times of extreme weather or natural disasters, or toxic emission release. The cellular coverage provided by the facility satisfies the goals and policies of the General Plan as it allows for enhanced livability and interactions between surrounding uses. Moreover, renewing the entitlements for this facility maintains the coverage and services that are already available for business owners, workers, visitors and residents in the immediate vicinity while increasing the service availability during an emergency and/or natural disaster. The proposed wireless facility is within an identified environmental justice area, which will expand coverage in the area. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to renew the entitlements of an existing major wireless communications facility and includes minor alterations to the existing facility. As such, a Notice of Exemption, Environmental Review No. 2021-76, will be filed for this project. 9/26/2022 Planning Commission 2 – 8 Resolution No. 2022-XXX Page 4 of 8 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 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. 2022-15, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2929 South Halladay Street. This decision is based upon the evidence submitted at the above- referenced hearing, including but not limited to: The Request for Planning Commission Action dated September 26, 2022, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26th day of September, 2022 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson 9/26/2022 Planning Commission 2 – 9 Resolution No. 2022-XXX Page 5 of 8 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KELLY ARCARDIO TAJONAR, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 26, 2022. Date: Recording Secretary City of Santa Ana 9/26/2022 Planning Commission 2 – 10 Resolution No. 2022-XXX Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2022-15 Conditional Use Permit No. 2022-15 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Building Standards Code, and all other applicable regulations. 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 site improvements must conform to Development Project Review (DP Nos. 2008-73 and 2021-22) and in accordance with the plans attached to the staff report documenting the approved scope of the project. 2. Per the approved DP Nos. 2008-73 and 2021-22, the applicant agrees to the following improvements to be constructed or installed within 90 days of adoption of this Resolution: a) The existing chain link fence shall be replaced with a new wrought iron fence enclosing the parking area and facility. b) One 36” box canopy tree shall be planted in the landscaped area along the wrought iron fence to further screen the facility from view. c) Flowering vines shall be installed at 8-foot intervals along the wrought iron fence. 3. The Applicant shall post onsite a 24-hour phone number to which interference problems may be reported. 4. The Applicant will provide a “single point of contact” in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City’s designated representative after approval of the new CUP. 5. The Applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit Applicant to comply. 6. The Applicant shall submit and maintain current contact information at all times. The Applicant shall notify the City of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include the following: 9/26/2022 Planning Commission 2 – 11 Resolution No. 2022-XXX Page 7 of 8 a) Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility. b) Name, address, and telephone number of a local contact person for emergencies c) Identification signs, including emergency phone numbers of the utility provider, shall be posted at the communications facility site. 7. All wireless telecommunications facilities shall comply at all times with all FCC regulations rules and standards 8. CUP No. 2022-15 expires 10 years from the date of Planning Commission approval. 9. The Owner of the wireless facility shall remove the facility and all associated equipment and restore the property to its original condition within ninety (90) days after the abandonment, expiration or termination of the conditional use permit. 10. Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 11. Within 90 days of adoption of this resolution, a Property Maintenance Agreement shall 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); 9/26/2022 Planning Commission 2 – 12 Resolution No. 2022-XXX Page 8 of 8 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 on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; and g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair 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; and h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 9/26/2022 Planning Commission 2 – 13 8/22/22, 11:38 AM . https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/1 CUP No. 2022-15 - T-Mobile Major Wireless Facility Renewal2929 South Halladay Street Exhibit 2 - Vicinity Zoning and Aerial View © 2022 Digital Map Products. All rights reserved. Zoning 300 feet 9/26/2022 Planning Commission 2 – 14 CUP No. 2022-15 – T-Mobile Major Wireless Facility Renewal 2929 South Halladay Street Exhibit 3 – Site Photo 9/26/2022 Planning Commission 2 – 15 IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THE DIRECTIONOF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.2C-1.1REVISION:SHEET NUMBER:ISSUED FOR:DRWNREVDESCRIPTIONDES./QADATEA03/01/19CMLMRPRELIMINARY200 SPECTRUM CENTER DRIVE,SUITE 1700 & 1800IRVINE, CA 92618T-MOBILE SITE NUMBER:LA64151ABU #: 823179CLAYTON - HALLADAY ST2929 HALLADAY STSANTA ANA, CA 92705EXISTING 53'-0" MONOPINE007/29/20AKCWSUBMITTAL1755 CREEKSIDE OAKS DR. SUITE 190SACRAMENTO, CA 958333450 N HIGLEY RD - SUITE 102, MESA, AZ 85215108/21/20AKCWCLIENT COMMENTS208/27/20AKCWCLIENT COMMENTS9/26/2022Planning Commission 2 – 16  IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THE DIRECTIONOF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.2C-1.2REVISION:SHEET NUMBER:ISSUED FOR:DRWNREVDESCRIPTIONDES./QADATEA03/01/19CMLMRPRELIMINARY200 SPECTRUM CENTER DRIVE,SUITE 1700 & 1800IRVINE, CA 92618T-MOBILE SITE NUMBER:LA64151ABU #: 823179CLAYTON - HALLADAY ST2929 HALLADAY STSANTA ANA, CA 92705EXISTING 53'-0" MONOPINE007/29/20AKCWSUBMITTAL1755 CREEKSIDE OAKS DR. SUITE 190SACRAMENTO, CA 958333450 N HIGLEY RD - SUITE 102, MESA, AZ 85215108/21/20AKCWCLIENT COMMENTS208/27/20AKCWCLIENT COMMENTS9/26/2022Planning Commission 2 – 17  IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THE DIRECTIONOF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.2C-3REVISION:SHEET NUMBER:ISSUED FOR:DRWNREVDESCRIPTIONDES./QADATEA03/01/19CMLMRPRELIMINARY200 SPECTRUM CENTER DRIVE,SUITE 1700 & 1800IRVINE, CA 92618T-MOBILE SITE NUMBER:LA64151ABU #: 823179CLAYTON - HALLADAY ST2929 HALLADAY STSANTA ANA, CA 92705EXISTING 53'-0" MONOPINE007/29/20AKCWSUBMITTAL1755 CREEKSIDE OAKS DR. SUITE 190SACRAMENTO, CA 958333450 N HIGLEY RD - SUITE 102, MESA, AZ 85215108/21/20AKCWCLIENT COMMENTS208/27/20AKCWCLIENT COMMENTS9/26/2022Planning Commission 2 – 18  IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THE DIRECTIONOF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.2C-2.1REVISION:SHEET NUMBER:ISSUED FOR:DRWNREVDESCRIPTIONDES./QADATEA03/01/19CMLMRPRELIMINARY200 SPECTRUM CENTER DRIVE,SUITE 1700 & 1800IRVINE, CA 92618T-MOBILE SITE NUMBER:LA64151ABU #: 823179CLAYTON - HALLADAY ST2929 HALLADAY STSANTA ANA, CA 92705EXISTING 53'-0" MONOPINE007/29/20AKCWSUBMITTAL1755 CREEKSIDE OAKS DR. SUITE 190SACRAMENTO, CA 958333450 N HIGLEY RD - SUITE 102, MESA, AZ 85215108/21/20AKCWCLIENT COMMENTS208/27/20AKCWCLIENT COMMENTSÐ9/26/2022Planning Commission 2 – 19  IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THE DIRECTIONOF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.2C-2.2REVISION:SHEET NUMBER:ISSUED FOR:DRWNREVDESCRIPTIONDES./QADATEA03/01/19CMLMRPRELIMINARY200 SPECTRUM CENTER DRIVE,SUITE 1700 & 1800IRVINE, CA 92618T-MOBILE SITE NUMBER:LA64151ABU #: 823179CLAYTON - HALLADAY ST2929 HALLADAY STSANTA ANA, CA 92705EXISTING 53'-0" MONOPINE007/29/20AKCWSUBMITTAL1755 CREEKSIDE OAKS DR. SUITE 190SACRAMENTO, CA 958333450 N HIGLEY RD - SUITE 102, MESA, AZ 85215108/21/20AKCWCLIENT COMMENTS208/27/20AKCWCLIENT COMMENTSÐ9/26/2022Planning Commission 2 – 20  IT IS A VIOLATION OF LAW FOR ANY PERSON,UNLESS THEY ARE ACTING UNDER THE DIRECTIONOF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.2C-2.3REVISION:SHEET NUMBER:ISSUED FOR:DRWNREVDESCRIPTIONDES./QADATEA03/01/19CMLMRPRELIMINARY200 SPECTRUM CENTER DRIVE,SUITE 1700 & 1800IRVINE, CA 92618T-MOBILE SITE NUMBER:LA64151ABU #: 823179CLAYTON - HALLADAY ST2929 HALLADAY STSANTA ANA, CA 92705EXISTING 53'-0" MONOPINE007/29/20AKCWSUBMITTAL1755 CREEKSIDE OAKS DR. SUITE 190SACRAMENTO, CA 958333450 N HIGLEY RD - SUITE 102, MESA, AZ 85215108/21/20AKCWCLIENT COMMENTS208/27/20AKCWCLIENT COMMENTSÐ9/26/2022Planning Commission 2 – 21  CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Project Location: 2929 South Halladay Street Project Applicant: Alexander Lew with Crown Castle, on behalf of T -Mobile (Applicant). Proposed Project: The applicant is requesting approval of CUP No. 2022-15 to renew the entitlements of an existing 60-foot high major wireless communications facility disguised as a mono -pine. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 - Existing Facilities). This exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mecha nical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project proposes to renew the entitlements of an existing major wireless communications facility and includes minor alterations the existing facility. As such, a Notice of Exemption, Environmental Review No. 2021-76, will be filed for this project. Meeting Details: This matter will be heard on Monday, September 26, 2022 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or mail to Chelsea Shafer, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. 922022 PlanninJ CoPPiVVion 2 – 22 Who To Contact For Questions: Should you have any questions, please contact Mario Arellano with the Planning and Building Agency at MArellano@santa-ana.org or 714-667-2763. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Kelly Arcadio-Tajonar (714) 667-5881. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Publish: OC Reporter Date: September 14, 2022 1000’ RADIUS NOTIFICATION MAP 9/26/2022 Planning Commission 2 – 23 O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com Kelly Arcadio CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 2929 South Halladay Street 09/14/2022 Publication Total $125.55 $125.55 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3624782 !A000006116659! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process.We encourage you to contact us prior to the Public Hearing if you have any questions . Planning Commission Action:The Planning Commission will hold a Public Hearing to receive public testimony,and will take action on the item described below.Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Project Location:2929 South Halladay Street Project Applicant:Alexander Lew with Crown Castle,on behalf of T-Mobile (Applicant). Proposed Project:The applicant is requesting approval of CUP No.2022-15 to renew the entitlements of an existing 60-foot high major wireless communications facility disguised as a mono-pine. Environmental Impact:Pursuant to the California Environmental Quality Act (CEQA)and the CEQA Guidelines,the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 -Existing Facilities). This exemption consists of the operation, repair,maintenance,permitting,leasing, licensing,or minor alteration of existing public or private structures,facilities, mechanical equipment,or topographical features,involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.The project proposes to renew the entitlements of an existing major wireless communications facility and includes minor alterations the existing facility.As such,a Notice of Exemption, Environmental Review No.2021-76,will be filed for this project. Meeting Details:This matter will be heard on Monday,September 26,2022 at 5:30 p.m.in the City Council Chambers,22 Civic Center Plaza,Santa Ana,CA 92701.Members of the public may attend this meeting in-person or join via Zoom.For the most up to date information on how to participate virtually in this meeting,please visit www.santa- ana.org/pb/meeting-participation. Written Comments:If you are unable to participate in the meeting,you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item #in the subject line)or mail to Chelsea Shafer, Acting Recording Secretary,City of Santa Ana,20 Civic Center Plaza –M20,Santa Ana,CA 92701.Deadline to submit written comments is 4:00 p.m.on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s),including the full text of the discretionary item,may be found on the City website 72 hours prior to the public hearing at:https://santa- ana.primegov.com/public/portal. Who To Contact For Questions:Should you have any questions,please contact Mario Arellano with the Planning and Building Agency at MArellano@santa- ana.org or 714-667-2763. Note:If you challenge the decision on the above matter,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at,or prior to,the public hearing. Si tiene preguntas en español,favor de llamar a Kelly Arcadio-Tajonar at (714) 667-5881. N u c n liên l c b ng ti ng Vi t, xin i n tho i cho Tony Lai s (714) 565-2627. 9/14/22 OR-3624782# 9/26/2022 Planning Commission 2 – 24 Planning and Building Agency Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report September 26, 2022 Topic: Density Bonus Agreement No. 2022-03 and Vesting Tentative Tract Map No. 2022-03 – Warmington Residential (717 S. Lyon Street) RECOMMENDED ACTION 1. Adopt a resolution approving Density Bonus Agreement No. 2022-03 as conditioned. 2. Adopt a resolution approving Vesting Tentative Tract Map No. 2022-03 as conditioned, EXECUTIVE SUMMARY Greg Ocasek, representing Warmington Residential California, Inc. (applicant), on behalf of Wesley T. Geller, trustee of the Orange County Electrical Joint Apprenticeship Trust (property owner), is requesting approval of density bonus agreement (DBA) No. 2022-03 and vesting tentative tract map (VTTM) No. 2022-03 (County Map No. 19195) to allow the construction of a residential townhouse development, consisting of 51 townhouse units with eight units proposed as affordable to low-income households earning less than 50-80 percent of the area median income (AMI) at 717 S. Lyon Street. As proposed, the project will utilize waivers from development standards and/or development concessions through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600 through 41-1607. Moreover, the project requires approval by the Planning Commission and City Council for a density bonus to allow up to 22.16 dwelling units per acre (du/ac). Staff is recommending approval of the applicant’s request due to the project’s satisfying the intent of the General Plan to promote a pedestrian-oriented environment, and because the project will provide additional affordable and market-rate ownership housing stock to the community. 9/26/2022 Planning Commission 3 – 1 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 2 2 9 3 5 DISCUSSION Table 1: Project and Location Information Background and Context Based on available permit history and historic aerial photographs, the subject site appears to have been used for agricultural purposes between circa 1938 and the mid-1960s. In the early 1970s, the Santa Ana Moose Lodge and parking lot were constructed and used through the 1990s. In 2015, the Orange County Electrical Joint Apprenticeship Trust began its use of the site as a vocational training building and associated parking lot. The applicant is proposing the subject development pursuant to California Senate Bill 330, known as the Housing Crisis Act of 2019 or the HCA. More information on the HCA is provided in subsequent sections of this report. California Senate Bill 330 The California Senate Bill (SB) 330, the Housing Crisis Act of 2019, (HCA) became effective on January 1, 2020, and established a statewide “housing emergency” until January 1, 2025. The senate bill amended Government Code Section 65941.1 with the broad goals of facilitating increased production of new residential units, protecting existing units, and Item Information Project Address and Council Ward 717 S. Lyon Street – Ward 3 Nearest Intersection Warren and Lyon streets General Plan Designation Medium Density Residential (MR-15) Zoning Designation General Agriculture (A-1); SB330 – Corridor District zoning designation within the Harbor Mixed Use Transit Corridor Plan (SP-2) North Multi-Family Residences (Saddleback Park Villas) East Multi-Family Residences (Tustin Parc Apartments) South Multi-Family Residences (Las Fuentes Apartments) Surrounding Land Uses West Multi-Family Residences (Warwick Square Apartments) Property Size 2.3 acres Existing Site Development Two existing structures and asphalt parking lot. Structures include a one-story structure in the northwest corner and one-story commercial structure on the southwest corner. Use Permissions Multi-Family Residential (permitted under Harbor Mixed Use Transit Corridor Plan, as part of SB330 request) Zoning Code Sections Affected Uses Article XVI.I (Density Bonus); Corridor District within the Harbor Mixed Use Transit Corridor Plan (SP-2); and Chapter 34 (Subdivisions) 9/26/2022 Planning Commission 3 – 2 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 3 2 9 3 5 providing for an expedited review and approval process for housing development projects through submittal of a “preliminary application.” On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8. Among other stipulations, SB 330 requires the following for applicable housing development projects: •New, non-objective development standards established after January 1, 2020, cannot be imposed or enforced. •Applicable housing development projects must receive a decision in no more than five (5) public hearings - whether the item is being heard by a Design Review Board, Planning Commission or City Council, and including any appeals (save for those related to a legislative action). •Prohibits any moratorium, project or action that would result in a net downzoning, limit the number of permits to be issued, or otherwise reduce housing or limit overall population. The application is being submitted pursuant SB 330/the HCA. As such, the proposed development site will not be required to be rezoned, if found consistent with the objective General Plan standards for the property. Moreover, the development is required to comply with the objective zoning code standards applicable to the property, but only to the extent that they facilitate the development at the density allowed by the general plan, 15 du/ac per the Medium Density Residential (MR-15) General Plan land use designation. In consultation with City Staff, Warmington Residential California, Inc. has selected the Corridor District zoning designation within the Harbor Mixed Use Transit Corridor Plan (SP-2), as the proposed zoning for the project (per SB 330), an option afforded to the developer by Appendix A of the General Plan Land Use Element. Project Description The project includes the construction of a new residential development consisting of 51 townhouse units, 17,790 square feet of open space, and 105 parking spaces, including 102 covered parking spaces and three open/guest parking spaces. The development will consist of twelve residential buildings with three-story townhouse units and will provide onsite bicycle storage. The structures will each contain a two-car garage at ground level (Tuck- under building design) with residential units above, some with balconies/decks and others with den/fourth flex room. The project will include eight (8) two-bedroom units, eight (8) three-bedroom units, twenty-two (22) three-bedroom plus den units, and thirteen (13) three-bedroom units plus den or an optional fourth bedroom. Of the total units in the development, eight units are proposed to be affordable to households earning less than 50-80 percent of the AMI, which is currently set at $108,400, adjusted for 9/26/2022 Planning Commission 3 – 3 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 4 2 9 3 5 a four-person household size, as published by California Department of Housing and Community Development (HCD). Seven of the affordable units will be three-bedroom units while the last unit will be a two-bedroom unit. The proposed units will range in size between 1,300 to 1,992 square feet in size and will contain full kitchens, bedrooms, bathrooms, in- unit storage, and open/common (living) areas. Open space will be provided through several private exterior areas approximately 6,100 square feet in size, or 7 percent of the total site area. One area will be a courtyard approximately 2,016 square feet in size, located on the west side of the property, adjacent to entrance and buildings 10 and 11. A second courtyard approximately 2,178 square feet in size is proposed to be located on the east side of the property, between buildings 6 and 7. The remainder of the open space locations will be provided as courtyards between buildings and would range from 792 and 1131 square feet. The design and layout of the proposed open spaces would create a unique outdoor area within the development, which function as a passive outdoor space and provide functional amenities to residents (e.g., picnic lounges, fire pits, BBQ, etc.). Moreover, the open space would feature a landscape palette with seating options and a variety of hardscaping materials, trees, and shrubs. The proposed landscaping include, but are not limited to, olive, strawberry, and oak trees, as well as Japanese privet, blue agave, flax lily, dwarf nandina, and rosemary shrubs. Lastly, each unit will also contain decks/private balconies for the use of each unit’s owners. The project features a contemporary architectural style similar to many multiple-family or mixed-use residential communities under construction in Santa Ana and the region. The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from the existing multi-family neighborhood. The contemporary architectural style would include fiber cement lap siding, a light sand finish stucco exterior, fiber cement building trim, metal awnings and decorative columns, and high quality architectural detailing (e.g., exterior lighting, entry doors, fenestration, etc.). Moreover, the residential structures are designed to fully screen all mechanical equipment within the structure and parapet walls. Overall, the project will include a design and solid construction materials that will ensure that the project ages well for the duration of the building’s lifetime. As part of the current entitlement, the applicant has submitted a vesting tentative parcel map application to subdivide the project site into condominium lot with fifty-one condominium units, which would allow each unit to be sold for individual ownership. The applicant has prepared the required vesting tentative parcel map, which clarifies the proposed subdivision for the proposed condominiums. Density Bonus The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units 9/26/2022 Planning Commission 3 – 4 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 5 2 9 3 5 feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to “justify” the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Pursuant to the California Density Bonus law, a project’s affordability level is determined by dividing the number of proposed affordable units by the allowable “base” density (i.e., 15 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. As outlined by Table 2 below, the base density for the 2.3-acre site at 15 du/ac is 35 units. Of the total units in the development, eight units are proposed to be affordable. Therefore, the project would have a 23-percent affordability rate. As such, State density bonus law allows the developer to request a maximum density bonus of 46.25-percent (46.25%). Due to the project’s 23-percent affordability rate, the developer can seek one density bonus concession and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. Pursuant to Section 65915 et al. of the California Government Code, the developer is requesting a 46.25-percent (46.25%) state density bonus. As such, the maximum unit yield for the 2.3-acre site using the MR-15 general plan density and the State density bonus is 52 units, as outlined in Table 2. However, the applicant is only proposing to develop 51 units on the site. Table 2: Density Bonus Calculation Affordable Unit – 23% (8 units – Low Income)*Density Bonus Calculation Units Allowed Base Density – Medium Density Residential (MR-15)2.3 acres x 15 du/ac 35 Units 46.25-Percent State Density Bonus (35 units x 0.4625)+17 units Total Units 52 units allowed, 51 proposed *Affordable unit percentage is calculated excluding units added by a density bonus. The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and waivers and is preempted from denying the Density Bonus Agreement application. Although the City has analyzed the project and has identified several areas of potential impacts, the 9/26/2022 Planning Commission 3 – 5 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 6 2 9 3 5 conditions of approval proposed for the project are intended to address any of the project’s potential impacts. Pursuant to SB 330 and the General Plan Land Use Element, the developer has selected the Harbor Mixed Use Transit Corridor Specific Plan (SP-2) development standards for a tuck-under building type to design the projects. However, pursuant to the Density Bonus Law, the developer is seeking specific concessions and waivers from certain SP-2 standards to facilitate development of the project. Table 3 outlines the incentives/concessions and waivers requested by the applicant. Table 3: Requested Incentives/Concessions Standard Required by the SP-2 or SAMC Provided Open Space (Tuck-Under building type) •Common Open Space - 15% of lot (15,028 square feet) •Private Open Space - 90 square feet per dwelling unit (4,590 square feet) •Total – 19,618 square feet SP-2, Table 3-9. Onsite Open Space Requirements •Common Open Space - 7% of lot (6,949 square feet) •Private Open Space – Average of 213 square feet per dwelling unit (10,841 square feet) – some units providing 0-82 sq. ft. •Total – 17,790 square feet Requires Concession (1 of 1), Cal. Gov’t Code Sec. 65915 (d)(2)(A) Maximum Building Setback Maximum building setback from the public street right-of-way and/or easement is 8'-0" SP2, Table 3-5. Building Placement Building 1 is located 9'-7" from the utilities easement line and Building 2 is located 11'-4" from the same easement line. Requires Waivers, Cal. Gov’t Code Sec. 65915 (e)(1) Fencing Height Fencing height within the front yard setback is limited to 3’-0” Sec. 41-610 of SAMC 6’-0” tall tubular fencing proposed within the front yard setback Requires Waivers, Cal. Gov’t Code Sec. 65915 (e)(1) Building Frontage and Minimum Ground Floor Height •Building frontage type required to be identified in the elevations/design •Minimum floor heights required pursuant to chosen frontage type SP2, Table 3-4. Frontage Floor Height Minimums and Districts •Design does not provide a frontage type •Ground floor heights below minimum required of 10’-0” to 15’- 0”. As designed, ground floor types designed as 9’-1” Requires Waivers, Cal. Gov’t Code Sec. 65915 (e)(1) Onsite Parking In addition, the site is parked in compliance with California Government Code Section 65915 (p)(1)(B)(C) and provides 2.1 spaces per unit. The California Density Bonus Law allows 1.5 parking spaces per two to three bedroom units, inclusive of handicapped and guest parking. The site is also parked in compliance with the Corridor District subsection of the Harbor Mixed Use Transit Corridor Plan (SP-2), which requires 1.75 parking spaces, inclusive of guest parking. The site provides 105 total parking spaces or 2.1 spaces per unit, which 9/26/2022 Planning Commission 3 – 6 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 7 2 9 3 5 includes two covered parking spaces for each townhouse unit and three open/guest parking stalls. To proactively address any neighborhood parking impacts that could result from the project, the conditions of approval for the VTTM and terms of the DBA include provisions requiring the following parking management practices, to be incorporated into the final, recorded CC&Rs, and applicable throughout the life of the project: •Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the surface guest parking spaces; •Policies for maximum time vehicles may be parked in the surface guest spaces; •Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang- tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and •Routine garage inspections to ensure garages are available for vehicle parking. Analysis of the Issues Pursuant to Section 41-1607 of the SAMC, an application for a density bonus agreement is required to be approved by the Planning Commission for any project containing “deviations” (incentives/concessions and/or waivers). The Planning Commission’s review of the density bonus agreement is based on the following findings: 1. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. 2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. 3. The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41- 1603. The project does not require a Site Plan Review Application pursuant to Table 3-2 (Permitted Uses) as part of the Harbor Mixed Use Transit Corridor Plan (SP-2). Accordingly, the Planning Commission’s review and determination for this request are limited to the provisions of the Density Bonus Agreement application only. 9/26/2022 Planning Commission 3 – 7 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 8 2 9 3 5 Table 4: Analysis of the Requested Incentives/Concessions (1) and Waivers (3) Standard Analysis Open Space (Incentive/Concession) The total common open space required for the project site is equal to 15 percent of the lot, or approximately 15,028 square feet. Instead, the project provides a 6,949-square-foot of common open space (7 percent), which is a difference of 8,079 square feet or 8 percent. Providing the required open space standard would lead to the elimination of three or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs. To help alleviate the open space deficiency, the project proposes an average of 213 square feet of private open space per unit, through use of private balconies/decks. This would exceed the minimum required private open space of 90 square feet per unit. Maximum Building Setback (Waiver) Pursuant to SP-2, the maximum building setback from the public right-of-way and/or easement is 8'-0". As proposed, the project is designed to exceed the maximum allowed setback, as two of the proposed buildings would be located 9'-7" and 11'-4" from a utilities easement line. The maximum setback outlined in SP-2 was originally intended for a more urban corridor of Santa Ana (Harbor Boulevard), as a means of regulating land development to achieve a specific urban form and which envisioned a more multi-modal boulevard. The proposed project is located in a suburban area of the City, with multi-family low- to medium-density developments. The existing multi-family residential developments immediately adjacent to the project site provide average front setbacks that exceed 10’-0” and extend to 20’-0”. Although exceeding the maximum allowable setback, the proposed development is consistent with the existing multi-family residences. Moreover, the design is focused on the placement of the proposed buildings as a way to continue the existing character and overall neighborhood pattern along Lyon Street. Fencing Height (Waiver)For residentially zoned properties, the fencing height within the front yard setback is limited to 3’-0” in height. The development proposes a 6’-0” tall tubular fencing proposed within the front yard setback. Maintaining the fencing height limit of 3’-0” would affect the feasibility of the proposed units to be sold to prospective buyers, and would therefore affect the feasibility of the project to be constructed. The proposed fence provides security for the proposed townhouse community, which provides a sense of comfort and safety to prospective homebuyers. In addition, the fencing would be in keeping with the existing character and overall neighborhood pattern along Lyon Street, specifically the multi-family developments to the north and south of the project site. Las Fuentes multi-family community to the south has existing fencing and gates, while the Saddleback Park Villas have existing perimeter block walls. Moreover, the proposed design is further improved with additional small hedges and/or shrubs that will between the public right-of-way and the proposed fencing, to soften the transition of the future sidewalk. 9/26/2022 Planning Commission 3 – 8 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 9 2 9 3 5 Standard Analysis Building Frontage and Minimum Ground Floor Height (Waiver) The development standards in SP-2 require a specific building frontage (e.g., forecourt, shop front, stoop, etc.) and minimum floor heights, based on a frontage type. As proposed, the project design does not provide a frontage type and the ground floor heights are proposed below the minimum required of 10’-0” to 15’-0”. The ground floor height is designed at a minimum of 9’-1” Maintaining the required frontage type minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated the frontages designs. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design construct, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space. Moreover, SP-2 was originally intended to achieve a specific urban form. The existing multi-family residential developments immediately adjacent to the project site do not provide a frontage type, nor do they maintain a minimum building floor height. Therefore, the proposed design is consistent with the existing multi-family residences. When analyzed cumulatively, the requested concessions and waivers could be avoided if the project were designed on a different site or using a different site plan. If the project were designed with a multi-level parking and/or subterranean parking structure, or if the applicant used different building materials to construct a taller project, additional area on site would become available to provide the minimum required open space and the required frontage and ground floor heights. However, these changes would increase development costs and result in a project that would exceed the maximum permitted building height, resulting in the housing project becoming financially infeasible due to the significantly increased financial implications of an alternative construction type compared to the relatively smaller scale of the project. Moreover, the changes would result in the loss of the eight affordable townhouse units. Based on the analysis provided within this report, the proposed development will materially assist in accomplishing the goal of providing additional affordable and market-rate ownership housing stock in the city and will consistent with the applicable designation in the general plan land use element. In addition, the proposed deviations are necessary to make the project economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. Vesting Tentative Tract Map Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for vesting tentative tract maps are approved when it can be shown that findings can be made in support of the request. 9/26/2022 Planning Commission 3 – 9 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 10 2 9 3 5 Specifically, findings related to the proposal need to be made that find the project is consistent with the General Plan, the site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property must be made. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the applicant’s request, staff believes that the following analysis warrants approval of the vesting tentative tract map. The applicant is seeking approval of a vesting tentative tract map to subdivide for condominium purposes, as the proposed development consists of fifty-one townhome units. The request would vest the right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting map is deemed complete. Upon completion of the subdivision, the lots will continue to be utilized for residential use in the form of attached tuck-under unit type structures. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City’s General Plan. As an SB 330 application, the proposed development site is not be required to be rezoned, as it has been found to be consistent with the objective general plan standards for the property. Moreover, the proposal is consistent with the various provisions of the selected zoning designation (SP-2), including lot size, lot coverage, and parking. Lastly, the applicant has requested a concessions and waivers for those development standards that require deviations, as previously analyzed. Further conditions of approval have been included to bring the site’s landscaping, architectural design, and Covenants, Conditions and Restrictions (CC&Rs) to be in compliance with all applicable standards of the SAMC and the Harbor Mixed Use Transit Corridor Plan (SP-2). Further, no adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built-out, urbanized area. The project will also maintain all required easements. Finally, the tentative tract map was found to be consistent with the California Subdivision Map Act and Chapter 34 of the Municipal Code. The overall project site provides an opportunity for additional housing and development that would otherwise continue to remain as a vacant, under-utilized parcel. These improvements will help to enhance the quality of life in the surrounding community by providing fifty-one units of for-sale, market-rate and affordable housing, with eight onsite units. Finally, the project has been designed to be compatible with the scale of other residences in the area will be consistent with several goals and policies of the General Plan as follow: •Goal LU-1: Growing Responsibly – Provide a land use plan that improves quality of life and respects our existing community. 9/26/2022 Planning Commission 3 – 10 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 11 2 9 3 5 o Policy LU-1.1 Compatible Uses – Foster compatibility between land uses to enhance livability and promote healthy lifestyles. o Policy LU-1.2 Homeownership Opportunities – Support innovative development policies to expand homeownership opportunities at all income levels. o Policy LU-1.5 Diverse Housing Types – Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups. •Goal LU-4: Complete Communities – Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. o Policy LU-4.7 Diverse Communities – Promote mixed-income developments with mixed housing types to create inclusive communities and economically diverse neighborhoods. • Lastly, the project is consistent with the General Plan Appendix A, Table LU-A-1. Interim Industrial Development Standards for development projects. Affordable Housing Opportunity and Creation Ordinance The project exceeds the affordable housing goal for the ownership category of the City’s Affordable Housing Opportunity and Creation Ordinance (AHOCO) by providing eight (8) onsite units in place of three (3) for sale units, which will target low-income (50-80%) in place of moderate-income households. These two factors significantly enhance the opportunity for income eligible Santa Ana households to own a home in the City at a lower cost. The units will be dispersed throughout the community. Seven of the affordable units will be three-bedroom units while the last unit will be a two-bedroom unit. The proposed units will range in size between 1,300 to 1,992 square feet in size and will contain full kitchens, bedrooms, bathrooms, in-unit storage, and open/common (living) areas. The developer’s Inclusionary Housing Plan has been reviewed and approved by the City’s Housing Division. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 14. In addition, staff contacted the provided contacts for the Lyon Street Neighborhood Association to ensure they were aware of the project and public hearing. At the time this report was printed, no issues of concern were raised regarding the proposed development. The applicant also held two community meetings in conformance to the Sunshine Ordinance notification requirements in place at the time the application was submitted, January 5, 2022. The first meeting was a virtual community meeting on March 2, 2022. This meeting was publicly noticed in the OC Register, posted on the City’s website, and invitation mailers were sent to all addresses within a 500-foot radius of the project site, as 9/26/2022 Planning Commission 3 – 11 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 12 2 9 3 5 well as local community organizations. The meeting included a presentation on the project as well as a question and answer period to address concerns and collect feedback. Participants asked questions about the cost and site security. However, no issues of concern were raised regarding the proposed development. Approximately 10-15 individuals attended the meeting. On June 1, 2022, the applicant held a second virtual Sunshine Ordinance community meeting. This meeting was also publicly noticed in the OC Register, posted on the City’s website, and invitation mailers were sent to all addresses within a 1000-foot radius of the project site, as well as local community organizations. The meeting included a brief presentation and summary on the project, a summary of the HRC public hearing and actions, as well as a question and answer period to address concerns and collect feedback. Participants asked questions about the project timing and construction impacts, affordability levels, project density, and about potential traffic and parking impacts to the community. Approximately 12-15 individuals attended the meeting. Materials from both the March 2nd and June 1st meetings were posted to the project’s City webpage. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that: 1. Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192(b) regarding community-level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code. 2. Meet both of the following size criteria: A. The site of the project is not more than four acres in total area. B. The project does not include any single level building that exceeds 100,000 square feet. 3. Meet both of the following requirements regarding location: A. The project is a residential project on an infill site. B. The project is within one-half mile of a major transit stop. 4. Meet both of the following requirements regarding number of units: A. The project does not contain more than 100 residential units. B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances: 1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing. 9/26/2022 Planning Commission 3 – 12 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 13 2 9 3 5 2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise. 5. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below: A. The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10-percent of the housing is sold to families of moderate income, or 2) Not less than 10-percent of the housing is rented to families of low income, or 3) Not less than 5-percent of the housing is rented families of very low income. B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in-lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A). The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to low income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-08 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Approving DBA No. 2022-03 as conditioned 2. Resolution Approving VTTM No. 2022-03 as conditioned 3. Vicinity Zoning and Aerial View 4. Site Photos 5. Site Plan 6. Unit Floor Plans 9/26/2022 Planning Commission 3 – 13 VTTM No. 2022-03 and DBA No. 2022-03 – Warmington Residential September 26, 2022 Page 14 2 9 3 5 7. Building Elevations 8. Building Perspectives 9. Color and Material Board 10. Preliminary Landscape Plans 11. Vesting Tentative Tract Map 12. Sunshine Ordinance Community Meeting Materials 13. Draft Density Bonus Agreement 14. Copy of Public Notice Submitted By: Pedro Gomez, AICP Senior Planner Approved By: Minh Thai, Executive Director, Planning and Building Agency 9/26/2022 Planning Commission 3 – 14 Resolution No. 2022-xx Page 1 of 11 RESOLUTION NO. 2022-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2022-03 AS CONDITIONED TO ALLOW A FIFTY-ONE UNIT SINGLE-FAMILY ATTACHED TOWNHOME DEVELOPMENT FOR THE PROPERTY LOCATED AT 717 SOUTH LYON STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Greg Ocasek, representing Warmington Residential California, Inc. (applicant), on behalf of Wesley T. Geller, trustee of the Orange County Electrical Joint Apprenticeship Trust (property owner), is requesting approval of Density Bonus Agreement Application No. 2022-03 and a vesting tentative tract map (TTM) to allow the construction of a fifty-one unit attached townhome development, eight of which are proposed as onsite low-income affordable units. B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), became effective on January 1, 2020, and established a statewide “housing emergency” until January 1, 2025. C. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8. D. The proposed development is being submitted as a Senate Bill No. 330 (SB 330) application and in consultation with City Staff and pursuant to Appendix A of the General Plan Land Use Element, the applicant has selected the Corridor District zoning designation within the Harbor Mixed Use Transit Corridor Plan (SP-2), as the proposed zoning for the project. E. The Harbor Mixed Use Transit Corridor Plan (SP-2) was adopted in 2014 as a result of interest in developing mixed-use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing projects, including multi-family and mixed-use residential communities, as well as live/work units. The selection of the SP-2 development standards for this project is consistent with the overall character of the surrounding community. F. The California Density Bonus law allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable 9/26/2022 Planning Commission 3 – 15 Resolution No. 2022-xx Page 2 of 11 units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health. G. The Applicant’s request has been thoroughly evaluated by the City’s Development Review Committee (DRC) through Development Project No. 2021-38. Through this review, the DRC has considered the subject site, proposed development, and the applicant’s requests for incentives/concessions and waivers pursuant to the State’s Density Bonus Law. H. On September 26, 2022, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. I. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a density bonus agreement containing deviations (incentives/concessions and/or waivers) to be approved by the Planning Commission. J. The Planning Commission determines that the following findings, which must be established in order to grant this Density Bonus Agreement application pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2020-03 to allow construction of the proposed project: 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed development will provide a fifty-one-unit single- family attached townhome development, eight of which are proposed as low-income affordable units, contributing toward the City’s ownership housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed currently contains multiple low- to medium-density, multi-family residential communities. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market-rate housing. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. 9/26/2022 Planning Commission 3 – 16 Resolution No. 2022-xx Page 3 of 11 The application is being submitted as a Senate Bill No. 330 application. As such, the proposed development site will not be required to be rezoned since it has been found to be consistent with the objective general plan standards for the property. The project site is in an area already identified in the general plan (the Land Use and Housing elements) for new residential communities, with a density of 15 dwelling units per acre (du/ac). Moreover, the City’s General Plan land use designation for the project site is Medium Density Residential (MR-15), which applies to residential areas characterized by a mix of single-family and multifamily housing. Residential building types include apartments, townhomes, live-work units, and small-lot subdivisions, typically resulting in neighborhoods with a mix of low- and medium-rise buildings. Lastly, the proposed density of 22.16 du/ac is below the density bonus provisions in the California Density Bonus Law for low-income rental projects (46.25-percent density bonus) which allows 22.6 du/ac on the project site. 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires one deviation through incentives/concessions: open space; as well as three deviations through a waiver in (1) maximum building setback; (2) fencing height; and (3) stoop frontage and minimum ground floor height requirements. The four deviations are described as follows: Open Space (Incentive/Concession) The total common open space required for the project site is equal to 15 percent of the lot, or approximately 15,028 square feet. Instead, the project provides a 6,949-square-foot of common open space (7 percent), which is a difference of 8,079 square feet or 8 percent. Providing the required open space standard would lead to the elimination of three or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs. To help alleviate the open space deficiency, the project proposes an average of 213 square 9/26/2022 Planning Commission 3 – 17 Resolution No. 2022-xx Page 4 of 11 feet of private open space per unit, through use of private balconies/decks. This would exceed the minimum required private open space of 90 square feet per unit. Maximum Building Setback (Waiver) Pursuant to SP-2, the maximum building setback from the public right-of-way and/or easement is 8'-0". As proposed, the project is designed to exceed the maximum allowed setback, as two of the proposed buildings would be located 9'-7" and 11'-4" from a utilities easement line. The maximum setback outlined in SP-2 was originally intended for a more urban corridor of Santa Ana (Harbor Boulevard), as a means of regulating land development to achieve a specific urban form and which envisioned a more multi-modal boulevard. The proposed project is located in a suburban area of the City, with multi-family low- to medium- density developments. The existing multi-family residential developments immediately adjacent to the project site provide average front setbacks that exceed 10’-0” and extend to 20’- 0”. Although exceeding the maximum allowable setback, the proposed development is consistent with the existing multi- family residences. Moreover, the design is focused on the placement of the proposed buildings as a way to continue the existing character and overall neighborhood pattern along Lyon Street. Fencing Height (Waiver) For residentially zoned properties, the fencing height within the front yard setback is limited to 3’-0” in height. The development proposes a 6’-0” tall tubular fencing proposed within the front yard setback. Maintaining the fencing height limit of 3’-0” would affect the feasibility of the proposed units to be sold to prospective buyers, and would therefore affect the feasibility of the project to be constructed. The proposed fence provides security for the proposed townhouse community, which provides a sense of comfort and safety to prospective homebuyers. In addition, the fencing would be in keeping with the existing character and overall neighborhood pattern along Lyon Street, specifically the multi-family developments to the north and south of the project site. Las Fuentes multi-family community to the south has existing fencing and gates, while the Saddleback Park Villas have existing perimeter block walls. 9/26/2022 Planning Commission 3 – 18 Resolution No. 2022-xx Page 5 of 11 Moreover, the proposed design is further improved with additional small hedges and/or shrubs that will between the public right-of-way and the proposed fencing, to soften the transition of the future sidewalk. Stoop Frontage and Minimum Ground Floor Height (Waiver) The development standards in SP-2 require a specific building frontage (e.g., forecourt, shop front, stoop, etc.) and minimum floor heights, based on a frontage type. As proposed, the project design does not provide a frontage type and the ground floor heights are proposed below the minimum required of 10’-0” to 15’-0”. The ground floor height is designed at a minimum of 9’-1” Maintaining the required frontage type minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated the frontages designs. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design construct, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space. Moreover, SP-2 was originally intended to achieve a specific urban form. The existing multi-family residential developments immediately adjacent to the project site do not provide a frontage type, nor do they maintain a minimum building floor height. Therefore, the proposed design is consistent with the existing multi-family residences. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that: 1. Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192(b) regarding community-level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the project to be complete pursuant to Section 65943 of the Government Code. 2. Meet both of the following size criteria: A. The site of the project is not more than four acres in total area. B. The project does not include any single level building that exceeds 100,000 square feet. 3. Meet both of the following requirements regarding location: A. The project is a residential project on an infill site. 9/26/2022 Planning Commission 3 – 19 Resolution No. 2022-xx Page 6 of 11 B. The project is within one-half mile of a major transit stop. 4. Meet both of the following requirements regarding number of units: A. The project does not contain more than 100 residential units. B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances: 1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing. 2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise. 5. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below: A. The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10-percent of the housing is sold to families of moderate income, or 2) Not less than 10-percent of the housing is rented to families of low income, or 3) Not less than 5-percent of the housing is rented families of very low income. B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in-lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A). The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to low income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-08 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 9/26/2022 Planning Commission 3 – 20 Resolution No. 2022-xx Page 7 of 11 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 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 Density Bonus Agreement No. 2022-03 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 26, 2022, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26th day of September 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Ryan O. Hodge Assistant City Attorney 9/26/2022 Planning Commission 3 – 21 Resolution No. 2022-xx Page 8 of 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Kelly Arcadio-Tajonar, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 26, 2022. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 9/26/2022 Planning Commission 3 – 22 Resolution No. 2022-xx Page 8 of 11 EXHIBIT A Conditions for Approval for Density Bonus Agreement Application No. 2020-03 Density Bonus Agreement Application No. 2020-03 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, it 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 the Density Bonus Agreement. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation/termination of the Density Bonus Agreement. 1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2021-38. 2. Any amendment to the DP No. 2021-38, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Development Project Review must be amended. 3. Walls and Fencing. a. The applicant shall construct a minimum six-foot (6’) tall perimeter wall, as measured from nearest adjacent finished sidewalk, surrounding the project site. The perimeter wall shall conform to all applicable Citywide Design Guidelines, including a split-face or painted design with regularly- spaced pilasters and decorative cap. The applicant is responsible for coordination with any adjacent property owners to avoid double-walls or gaps between walls where possible. b. Climbing vines shall be planted at regularly-spaced intervals along all exposed walls and wrought-iron fencing to deter graffiti. All solid walls shall be finished with anti-graffiti coating. 4. All mechanical equipment shall be screened from view from public and courtyard areas. 5. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The 9/26/2022 Planning Commission 3 – 23 Resolution No. 2022-xx Page 9 of 11 plan shall include construction hours, staging areas, parking and site security/screening during project construction. 6. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. 7. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 8. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 9. Property Maintenance Agreement. 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 or incorporate the form of this condition within the Project’s CC&R’s 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); 9/26/2022 Planning Commission 3 – 24 Resolution No. 2022-xx Page 10 of 11 c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and 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. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. 9/26/2022 Planning Commission 3 – 25 Resolution No. 2022-XXX Page 1 of 11 RESOLUTION NO. 2022-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2022-03 (COUNTY MAP NO. 19195) AS CONDITIONED TO ALLOW A FIFTY-ONE UNIT SUBDIVISION FOR CONDOMINIUM PURPOSES FOR THE PROPERTY LOCATED AT 717 SOUTH LYON STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Greg Ocasek, representing Warmington Residential California, Inc. (applicant), on behalf of Wesley T. Geller, trustee of the Orange County Electrical Joint Apprenticeship Trust (property owner), is requesting approval of Vesting Tentative Tract Map No. 2022-03 (County Map No. 19195) and a density bonus agreement (DBA) to allow the construction of a fifty-one unit attached townhome development, eight of which are proposed as onsite low-income affordable units. B. California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), became effective on January 1, 2020, and established a statewide “housing emergency” until January 1, 2025. C. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8 (SB8). D. The proposed development is being submitted as a Senate Bill No. 330 (SB 330) application and in consultation with City Staff and pursuant to Appendix A of the General Plan Land Use Element, the applicant has selected the Corridor District zoning designation within the Harbor Mixed Use Transit Corridor Plan (SP-2), as the proposed zoning for the project. E. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 34-127, the Planning Commission is authorized to review and approve tentative tract maps. F. Vesting Tentative Tract Map No. 2022-03 came before the Planning Commission of the City of Santa Ana on September 26, 2022, for a duly noticed public hearing. G. The Planning Commission of the City of Santa Ana determines that following findings, which must be established in order to approve Vesting 9/26/2022 Planning Commission 3 – 26 Resolution No. 2022-XXX Page 2 of 11 Tentative Tract Map No. 2022-03, have been established as required by SAMC Section 34-127 and the California Subdivision Map Act: 1. The proposed project and its design and improvements are consistent with the Medium Density Residential (MR-15) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project and its design and improvements will be consistent with the Medium Density Residential (MR-15) designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision of land will create fifty-one condominium air-right units and will be consistent with the various provisions of the General Plan. As proposed, the development is permitted pursuant to SB330 and SB 8. Moreover, the development is permitted subject to a separate approval of a density bonus agreement, where the developer is requesting a 46.25- percent (46.25%) state density bonus. The maximum unit yield for the 2.3-acre site using the MR-15 general plan density and the State density bonus is 52 units, and the applicant is proposing to development 51 units on the site. Finally, the project has been designed to be compatible with the scale of other residences in the area will be consistent with several goals and policies of the General Plan as follow:  Goal LU-1: Growing Responsibly – Provide a land use plan that improves quality of life and respects our existing community. o Policy LU-1.1 Compatible Uses – Foster compatibility between land uses to enhance livability and promote healthy lifestyles. o Policy LU-1.2 Homeownership Opportunities – Support innovative development policies to expand homeownership opportunities at all income levels. o Policy LU-1.5 Diverse Housing Types – Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups. 9/26/2022 Planning Commission 3 – 27 Resolution No. 2022-XXX Page 3 of 11  Goal LU-4: Complete Communities – Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. o Policy LU-4.7 Diverse Communities – Promote mixed-income developments with mixed housing types to create inclusive communities and economically diverse neighborhoods.  Lastly, the project is consistent with the General Plan Appendix A, Table LU-A-1. Interim Industrial Development Standards for development projects. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed development is being submitted as an SB 330 application and in consultation with City Staff and pursuant to Appendix A of the General Plan Land Use Element, the applicant has selected the Corridor District zoning designation within the Harbor Mixed Use Transit Corridor Plan (SP-2), as the proposed zoning for the project. The proposed project will conform to all of the requirements of the Santa Ana Municipal Code (SAMC) and development standards as specified by the Harbor Mixed Use Transit Corridor Plan (SP-2), with the exception of open space, maximum building setbacks, fencing height, and building frontage and minimum ground floor heights, which are subject of a separate density bonus agreement application. Lastly, all subdivision codes will be met as well as other applicable City ordinances. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately 2.3 acres of land and is physically suitable for the proposed development, where access to the site will be from Lyon Street. The current general plan land use designation for the project site is MR-15, which applies to residential areas characterized by a mix of single-family and multifamily housing. Residential building types include apartments, townhomes, live-work units, and small-lot subdivisions, typically resulting in neighborhoods with a mix of low- and medium-rise buildings. The general plan density would allow up to 15 dwelling units per acre (du/ac). The 9/26/2022 Planning Commission 3 – 28 Resolution No. 2022-XXX Page 4 of 11 proposed density is 22.16 du/ac, which would be permitted through density bonus through a separate density bonus agreement application. The proposed density is below the density bonus provisions in the California Density Bonus Law for low-income rental projects (46.25-percent density bonus) which allows 22.6 du/ac on the project site. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Since the project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Additionally, the development of the property as proposed, has been determined to be exempt from further review under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an infill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to low income families. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Development Project Review No. 2021-38. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of, property within the proposed project. 9/26/2022 Planning Commission 3 – 29 Resolution No. 2022-XXX Page 5 of 11 The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since the existing and recorded easements for the property have been considered as part of the review. An existing easement for electric lines, conduits, and incidental purposes in the document recorded September 23, 1963 as book 6728, page 662 of official records is proposed to remain. An easement for either or both underground lines, conduits, including above-ground appurtenant fixtures and incidental purposes in the document recorded as book 9812, page 266 of official records in proposed to be removed. A new emergency vehicle, trash collection, and public utility easement will be recorded under the new subdivision. The subdivision consists of fifty-one condominium air-right units along Lyon Street. The installation of all utilities will conform with the requirements stated in Section 41-626 of the Santa Ana Municipal Code. The conceptual design of all proposed construction for the property will not affect the right-of-way for road purposes. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from further review u nder Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemptions). This exemption applies to projects or sites that: 1. Meet the threshold criteria set forth in section 15192; provided that with respect to the requirement in section15192(b) regarding community-level environmental review, such review must be certified or adopted within five years of the date that the lead agency deems the application for the pro ject to be complete pursuant to Section 65943 of the Government Code. 2. Meet both of the following size criteria: A. The site of the project is not more than four acres in total area. B. The project does not include any single level building that exceeds 100 ,000 square feet. 3. Meet both of the following requirements regarding location: A. The project is a residential project on an infill site. B. The project is within one-half mile of a major transit stop. 4. Meet both of the following requirements regarding numbe r of units: A. The project does not contain more than 100 residential units. B. The project promotes higher density infill housing. The lead agency may establish its own criteria for determining whether the project promotes higher density infill housing except in either of the following two circumstances: 1) A project with a density of at least 20 units per acre is conclusively presumed to promote higher density infill housing. 9/26/2022 Planning Commission 3 – 30 Resolution No. 2022-XXX Page 6 of 11 2) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density infill housing unless the preponderance of the evidence demonstrates otherwise. 5. Meets the following requirements regarding availability of affordable housing: The project would result in housing units being made available to moderate, low, or very low income families as set forth in either A or B below: A. The project meets one of the following criteria, and the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units as set forth below at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. 1) At least 10-percent of the housing is sold to families of moderate income, or 2) Not less than 10-percent of the housing is rented to families of low income, or 3) Not less than 5-percent of the housing is rented families of very low income. B. If the project does not result in housing units being available as set forth in subdivision (A) above, then the project developer has paid or will pay in -lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to subparagraph (A). The project site is not more than four acres in area, the project does not include any single level building exceeding 100,000 square feet, and the project is an i nfill development within one-half mile of a major transit stop. Moreover, the development promotes higher density infill housing, does not contain more than 100 residential units, and results in housing units made available to low income families. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022 -08 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, agenc ies, 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 alte rnative 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 9/26/2022 Planning Commission 3 – 31 Resolution No. 2022-XXX Page 7 of 11 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 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 Vesting Tentative Tract Map No. 2022-03 as conditioned in “Exhibit A”, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 26, 2022, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26th day of September 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Ryan O. Hodge Assistant City Attorney 9/26/2022 Planning Commission 3 – 32 Resolution No. 2022-XXX Page 8 of 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Kelly Arcadio-Tajonar, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 26, 2022. Date: ________________ ____________________________________ Recording Secretary 9/26/2022 Planning Commission 3 – 33 Resolution No. 2022-XXX Page 6 of 11 EXHIBIT A Conditions for Approval for Vesting Tentative Tract Map No. 2022-03 Vesting Tentative Tract Map No. 2022-03 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, 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 tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. 1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2021-38. 2. Any amendment to this Vesting Tentative Tract Map No. 2022-03, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Vesting Tentative Tract Map must be amended. 3. Applicant must submit Covenants, Conditions and Restrictions (CC&Rs) for the project to the case planner for review and approval prior t o the final map being recorded. 4. Walls and Fencing. a. The applicant shall be construct a minimum six-foot (6’) tall perimeter wall, as measured from nearest adjacent finished sidewalk, surrounding the project site. The perimeter wall shall conform to all applicable Citywide Design Guidelines, including a split-face or painted design with regularly-spaced pilasters and decorative cap. The applicant is responsible for coordination with any adjacent property owners to avoid double-walls or gaps between walls where possible. b. Climbing vines shall be planted at regularly-spaced intervals along all exposed walls and wrought-iron fencing to deter graffiti. All solid walls shall be finished with anti-graffiti coating. 5. The following parking management practices shall be incorporated into the final, recorded CC&Rs and shall apply through the life of the project: 9/26/2022 Planning Commission 3 – 34 Resolution No. 2022-XXX Page 7 of 11 a. Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the surface guest parking spaces; b. Policies for maximum time vehicles may be parked in the surface guest spaces; c. Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; and d. Routine garage inspections to ensure garages are available for vehicle parking. 6. The final map must be approved and recorded prior to issuance of a certificate of occupancy or final sign-offs of building permits for the townhome buildings, whichever is first. 7. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 8. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Authority, Building Division, and Public Works Agency within 10 days of recordation. 9. Property Maintenance Agreement. 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 or incorporate the form of this condition within the Project’s CC&R’s 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.); 9/26/2022 Planning Commission 3 – 35 Resolution No. 2022-XXX Page 8 of 11 b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and 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. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. 9/26/2022 Planning Commission 3 – 36 8/18/22, 10:54 AM . https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html 1/1 DBA No. 2022-03 and TTM No. 2022-3, Warmington Residential Development717 S. Lyon Street Exhibit 3 - Vicinity Zoning and Aerial View ©2022 Digital Map Products.All rights reserved. Santa Ana Boundary Zoning Zoning 500 feet 9/26/2022 Planning Commission 3 – 37 Warmington Residential 717 S. Lyon St., Santa Ana, CA 92705 Site Photos Page 1 of 59/26/2022 Planning Commission 3 – 38 Warmington Residential 717 S. Lyon St., Santa Ana, CA 92705 Site Photos Page 2 of 59/26/2022 Planning Commission 3 – 39 Warmington Residential 717 S. Lyon St., Santa Ana, CA 92705 Site Photos Page 3 of 59/26/2022 Planning Commission 3 – 40 Warmington Residential 717 S. Lyon St., Santa Ana, CA 92705 Site Photos Page 4 of 59/26/2022 Planning Commission 3 – 41 Warmington Residential 717 S. Lyon St., Santa Ana, CA 92705 Site Photos Page 5 of 59/26/2022 Planning Commission 3 – 42 TT15'15'15'7'-0 1/4"TT15'15'15'7'-0 1/4"17R UP W.H.17RUP16R UP W.H.16RUPW.H.17RUP.H.16RUPW.H.16RUP W.H. 16R UP W.H 16R UP W.H.16RUPW.H.16RUPW.H16RUPW.H.16R UP W.H. 16R UP W.H 16R UP W.H.16RUPW.H.16RUPW.HPROPERTY BOUNDARYPROPERTY BOUNDARYPROPERTY BOUNDARY PROPERTY BOUNDARY 17RUPW.H.17R UP 16RUPW.H.16R UP W.H. 17R UP W.H.17RUP16R UP W.H.16RUPW.H.17RUPW.H.17RUP 16RUPW.H.16R UP W.H. 17R UP W.H.17RUP16R UP W.H.16RUPW.H.17RUPW.H.17R UP PROJECTENTRY P26'-0" DRIVE AISLE 6'-6"6'-6" 6'-6"15'-2"29'-2"27'-2"20'-0"DRIVE AISLE28'-0"20'-0"DRIVE AISLE28'-0"20'-0"DRIVE AISLE28'-0"19'-8"29'-2"11'-0" 11'-0" 11'-0" 7'-0" SETBACK ADJACENT TO PARKING 11'-4"7'-0"DEDICATION FOR UTILITY ESMNT15'-6"16'-3"31'-0"21'-11"10'-0"24'-0"60'-0"CALL BOXGUESTLANE20'-0"DRIVE AISLE28'-0"20'-0"DRIVE AISLE27'-0"20'-0"DRIVE AISLE28'-0"R32'-0"S. LYON STREET 26'-0" DRIVE AISLE 5'-0"5'-0"8'-6"TYP.18'-0" TYP.FUTURE LOCATION OF POWERLINESOVERHEAD POWER POLEOVERHEAD POWER LINE11' TO THE CLOSEST WIRETRASH & RECYCLEENCLOSUREOPENSPACE±2,178 SFOPENSPACE±832 SFOPENSPACE±2,016 SFOPENSPACE±1,131 SFOPENSPACE±792 SFPHCAAAAABLDG 15-PLEX CBLDG 24-PLEX ABLDG 35-PLEX BBLDG 44-PLEX ABLDG 55-PLEX ABLDG 64-PLEX ABLDG 124-PLEX BBLDG 112-PLEXBLDG 105-PLEX BBLDG 94-PLEX ABLDG 85-PLEX ABLDG 74-PLEX AGGGGGGGGGGGGPRIVATE DRIVE G PRIVATE DRIVE B PRIVATE DRIVE F PRIVATE DRIVE C PRIVATE DRIVE E PRIVATE DRIVE DPRIVATE DRIVE APRIVATE DRIVE AWARREN STREET1P1-R2P2-R3P445P16P4-R7P38P3-R9P410P1-R1112P3-R13P314P315P4-R16P317P3-R18P419P1-R2021P3-R22P323P324P4-R25P326P3-R27P448495051P146P4-R47P441P3-R42P3-R43P344P245P137P4-R38P339P3-R40P432P3-R33P3-R34P335P236P128P4-R29P330P3-R31P4P2P2-RP2-RP2-RP2P1AFAFAFAFAFAFAFAF9'-7"7'-0" SETBACK ADJACENT TO PARKING 11'-3"7'-0"SETBACK ADJACENT TO PARKING10'-11"15'-4" 14'-0"PROPOSED ROW7'-0"DEDICATION FOR UTILITY EASEMENTTRANSFORMER6'-6" 9'-8" 9'-11" 10'-0" 10'-6" 11'-6" 14'-9" 14'-8"15'-3"0306015Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.com717 S. LYON STREETSANTA ANA, CA KTGY # 2021-0430Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44396/6/20221st Submittal:12-16-2021Plot Date:2nd Submittal:04-13-20223rd Submittal:06-06-2022A1.00SITE PLANUNIT ENTRYAACCESSIBLE UNITLEGENDPLAN 1PLAN 2PLAN 3PLAN 4OPEN SPACEGGAS METER LOCATIONAFAFFORDABLE UNITTRANSFORMER15' X 15' SIGHTDISTANCE TRIANGLESADA PATH OF TRAVEL9/26/2022Planning Commission 3 – 43  P2ENTRYGARAGE10'-5" x 40'-2"GARAGE10'-5" x 40'-3"P1ENTRYP1P250'-9"27'-6"10'-5"10'-5"17RUP17RUPELEC.CATVPATIO12'-4" x 6'-8"PDRDECK5'-2" x 14'-0"KITCHEN10'-10" x 12'-5"LIVING11'-2" x 14'-0"23'-11"2"27'-2"51'-3"P2PANTRYFAU27'-6"17RUP17RDNPDRKITCHEN15'-10" x 11'-2"LIVING14'-0" x 10'-8"P1PANTRY17RUP17RDNDINING12'-9" x 7'-8"DECK12'-6" x 4'-1"DINING8'-10" x 12'-5"FAULAUNDRY6'-8" x 5'-6"OPTIONALBATH 2W.I.C23'-11"27'-2"51'-3"BED 210'-0" x 10'-0"PRIMARYSUITE13'-6" x 10'-3"17RDNP2P1SUITEBATHLAU.BATH 2LINENW.I.CPRIMARYSUITE12'-1" x 13'-5"17RDNSUITEBATHBED 310'-6" x 10'-6"BED 211'-6" x 9'-9"27'-6"P1 - GROSS SF1ST FLOOR139 SQ. FT.2ND FLOOR579 SQ. FT.3RD FLOOR591 SQ. FT.TOTAL LIVING1309 SQ. FT.DECK57 SQ. FT.GARAGE529 SQ. FT.P1 - NET SF1ST FLOOR115 SQ. FT.2ND FLOOR543 SQ. FT.3RD FLOOR549 SQ. FT.TOTAL LIVING1208 SQ. FT.P2 - GROSS SF1ST FLOOR135 SQ. FT.2ND FLOOR671 SQ. FT.3RD FLOOR685 SQ. FT.TOTAL LIVING1491 SQ. FT.DECK + PATIO158 SQ. FT.GARAGE458 SQ. FT.P2 - NET SF1ST FLOOR119 SQ. FT.2ND FLOOR630 SQ. FT.3RD FLOOR643 SQ. FT.TOTAL LIVING1393 SQ. FT.0248Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.com717 S. LYON STREETSANTA ANA, CA KTGY # 2021-0430Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44396/6/20221st Submittal:12-16-2021Plot Date:2nd Submittal:04-13-20223rd Submittal:06-06-2022A3.00PLAN 1 & 2UNIT PLANSTHIRD FLOOR, P1X OPTION 1SECOND FLOORFIRST FLOOR2 BEDS / 2.5 BATHS3 BEDS / 2.5 BATHS9/26/2022Planning Commission 3 – 44  16RUPW.H.ENTRY34'-0"21'-0"3'-0"DEN/ HOME OFFICE10'-3" x 10'-0"PATIOTANKLESSWATER HEATERCOAT GARAGE20'-3" x 22'-10"(20X20 CLEAR SPACE)16RUP16RDNKITCHEN11'-2" x 17'-3"PANTRY DWSINKSTOVE REF.29'-6 1/2"21'-0"7'-5 1/2"37'-0"DINING8'-7" x 9'-11"LIVING ROOM15'-8" x 11'-10"DECK11'-2" x 6'-6"PDR.F.A.U.CABINET16RDN37'-0"21'-0"PRIMARY SUITE11'-3" x 13'-5"BED 210'-0" x 10'-0"W.I.C.BATH 2BED 310'-0" x 10'-0"SUITEBATHW/DGROSS SF1ST FLOOR249 SQ. FT.2ND FLOOR691 SQ. FT.3RD FLOOR728 SQ. FT.TOTAL LIVING1669 SQ. FT.GARAGE484 SQ. FT.PATIO0 - 140 SQ. FT.DECK72 SQ. FT.NET SF1ST FLOOR206 SQ. FT.2ND FLOOR639 SQ. FT.3RD FLOOR684 SQ. FT.TOTAL LIVING1530 SQ. FT.0248Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.com717 S. LYON STREETSANTA ANA, CA KTGY # 2021-0430Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44396/6/20221st Submittal:12-16-2021Plot Date:2nd Submittal:04-13-20223rd Submittal:06-06-2022A3.10PLAN 3UNIT PLANS3 BEDS + DEN/ 2.5 BATHSFIRST FLOORSECOND FLOORTHIRD FLOOR9/26/2022Planning Commission 3 – 45 