HomeMy WebLinkAboutReso25-37_2745 W McFadden Ave CUP-25-27Resolution No. 2025-37
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RESOLUTION NO. 2025-37
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2025-27 AS CONDITIONED TO ALLOW
AFTER-HOURS OPERATION BETWEEN THE HOURS OF
12:00 A.M. MIDNIGHT AND 5:00 A.M., PURSUANT TO
SANTA ANA MUNICIPAL CODE SECTION 41-412.5 IN THE
PLANNED SHOPPING CENTER (C4) ZONING DISTRICT
FOR THE PROPOSED CONVENIENCE STORE (7-
ELEVEN) LOCATED AT 2745 WEST MCFADDEN AVENUE
(APN: 109-040-34)
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. Ilan Golcheh (“Applicant”), representing Sej Asset Management &
Investment Company and Mapocos, LLC (“Property Owner”) is requesting
approval of Conditional Use Permit (“CUP”) No. 2025-27, as conditioned, to
allow a retail market less than 20,000 square feet in size operating between
the hours of 12:00 a.m. midnight and 5:00 a.m. Specifically, the Applicant is
requesting approval to allow the construction of a 3,136-square-foot service
station and canopy at 2745 W. McFadden Avenue. The overall proposal also
includes construction of a new 4,650-square-foot 7-Eleven convenience
store, a 2,200-square-foot multi-tenant commercial building, and the
remodeling of an existing commercial building, along with landscaping, and
on-site circulation and parking improvements (“Project”).
B. Section 41-412.5 (f) of the Santa Ana Municipal Code (“SAMC”) requires
approval of a CUP for retail markets having less than 20,000 square feet of
floor area wishing to operate between the hours of 12:00 a.m. midnight and
5:00 a.m.
C. As part of the overall entitlement request, the Applicant is seeking a
separate approval of CUP No. 2025-03 pursuant to Section 41-199.4 of the
SAMC to allow a land use that requires a regional, state, or federal permit
to handle, store, emit or discharge regulated compounds, materials,
chemicals, or substances within 1,000 linear feet of a public park, school (k-
12) as defined by Section 11362.768 of the Health and Safety Code, or
residential zones. The Applicant is also seeking a separate approval of
Variance No. 2025-01 to allow reduced landscaped setbacks of seven, five,
and one foot along the frontages and a zero-foot setback adjacent to
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residential zones and uses at 1001 S. Fairview Street, and a reduced front-
yard landscaped area of seven feet for the property located at 2745 W.
McFadden Avenue.
D. On December 8, 2025, the Planning Commission held a duly noticed public
hearing on CUP No. 2025-27.
E. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to grant approval of
a CUP pursuant to Section 41-638 of the SAMC, have been established for
CUP No. 2025-27 to allow the after-hours operation at a convenience retail
store located at 2745 West McFadden Avenue.
1. That the proposed use will provide a service or facility which will
contribute to the general well being of the neighborhood or the
community; and
The proposed 7-Eleven convenience store and service station
will provide a valuable, neighborhood-serving amenity by
offering essential goods and services accessible to residents,
employees, students, and visitors at all hours of the day. The
proposed 24-hour operation will enhance convenience and
safety for the community by ensuring that fuel, food, and other
necessities are available to those who work late-night shifts,
travel during off-peak hours, or require emergency provisions.
Located at the prominent intersection of McFadden Avenue
and Fairview Street, the Project will activate an underutilized
site along two major commercial corridors, contributing to a
more vibrant and functional streetscape. The enhanced
lighting, upgraded landscaping, and contemporary building
design will improve nighttime visibility, deter nuisance activity,
and foster a safer environment for both patrons and the
surrounding neighborhood. Collectively, the Project’s
continuous operation and physical improvements will
strengthen the area’s accessibility, security, and overall
community well-being.
2. That the proposed use will not, under the circumstances of the
particular case, be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity.
The proposed 7-Eleven convenience store and service station
will not be detrimental to the health, safety or welfare of those
residing or working in the vicinity. The 24-hour operation has
been carefully designed and conditioned to minimize potential
impacts to nearby residential and commercial uses. The site
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plan incorporates enhanced lighting, continuous on-site security
during after-hours, and surveillance cameras to maintain a safe
environment and deter loitering or nuisance activity. Technical
studies confirm that air quality, health risk, and operational
noise levels are all below applicable regulatory thresholds,
ensuring the project will not create adverse environmental
effects. The site’s circulation design, landscaping buffers, and
upgraded building orientation along McFadden Avenue and
Fairview Street further promote safety and compatibility with
adjacent uses. By providing a well-lit, well-managed, and
actively monitored site during all hours, the Project will improve
nighttime safety in the area and support the overall welfare of
the surrounding community.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of property in the
surrounding area;
The proposed Project will enhance the area’s economic
vitality by generating new employment opportunities,
encouraging private reinvestment, and contributing additional
property and sales tax revenues to the City. The 24-hour
operation will help sustain continuous economic activity,
providing goods and services to residents, employees, and
travelers throughout the day and night. This consistent level
of activity will encourage reinvestment, improve business
visibility, and attract additional customers to nearby
commercial establishments, thereby strengthening the
corridor’s overall commercial appeal. Lastly, the Project’s
upgraded design will improve business visibility and
strengthen the overall commercial appeal of this corridor,
supporting long-term economic growth.
4. That the proposed use will comply with the regulations and
conditions specified in this chapter for such use.
With the exception of the minimum front landscape
requirement, for which the Project seeks relief through
Variance No. 2025-01 under concurrent review, the Project
complies with all other applicable development standards.
Specifically, the Applicant is requesting approval for Variance
No. 2025-01 to reduce the required front-yard landscaped
area. The proposed use is consistent with other provisions of
Chapter 41 of the SAMC, including standards related to building
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height, floor area ratio, and parking. As part of the conditional
use permit, a Property Maintenance Agreement shall be
recorded against the property to ensure the ongoing
maintenance and proper upkeep of the site and all related
improvements. This measure is intended to maintain the
property in accordance with approved standards and to
preserve the overall quality of the development.
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 approval of the proposed Project will be consistent with the
General Plan land use designation of General Commercial
(GC), which supports the development of highly visible and
accessible shopping opportunities along arterial corridors.
Additionally, this designation supports the development and
continued operation of recreational, cultural, and entertainment
opportunities near established residential neighborhoods. The
Project would provide an added amenity and would promote a
land use that enhances the City’s economic fiscal viability and
mitigates any potential impacts to the surrounding community.
Furthermore, approval of this application would be consistent
with several goals and policies of the General Plan, specifically
Goals 2 and 3 of the Land Use (“LU”) Element and Goals 1, 2
and 3 of the Economic Prosperity (“EP”) Element as discussed
below.
• Goal LU-2: Land Use Needs – Provide a balance of
land uses that meet Santa Ana’s diverse needs
o Policy 2.7 Business Incubator – Support land
use decisions that encourage the creation,
development, and retention of business in Santa
Ana
The Project is consistent with Goal LU-2 and Policy 2.7 as it
actively contributes to fostering land use decisions that promote
the establishment, growth, and sustainability of business in
Santa Ana. The construction of a new commercial building and
service station along two major corridors will continue to
encourage a wide range of commercial uses that benefit the
existing neighborhood and the surrounding community. The
placement of the proposed commercial building and service
station will enhance the immediate area.
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• Goal LU-3: Compatibility of Uses – Preserve and
improve the character and integrity of existing
neighborhoods and districts.
o Policy 3.1 Community Benefits – Support new
development which provides a net community
benefit and contributes to neighborhood
character and identity.
The proposed Project is consistent with Goal LU-3 and Policy
3.1 as it is designed to revitalize the currently dilapidated and
aging site, presenting a tangible improvement that will greatly
benefit the neighboring community. Moreover, the construction
of a new convenience store will assist the integrated
commercial site by bringing in new customers. Additionally, the
construction of the new service station will also strengthen the
commercial viability and enduring success of the establishment.
• Goal EP-1: Job Creation and Retention – Foster a
dynamic local economy that provides and create
employment opportunities for all residents in the City.
o Policy 1.2 Attract Business – Promote new and
retain existing job-producing businesses that
provide living-wage employment opportunities.
The Project is consistent with Goal EP-1 and Policy 1.2, as
the proposed improvements would help generate additional
economic growth and stability in the City by further activating
underutilized parcels and helping generate property and sales
tax revenue. Furthermore, the proposed Project would help
create a job-producing establishment thereby providing
employment opportunities to Santa Ana residents.
• Goal EP-2: Diverse Economic Base – Maintain and
enhance the diversity and regional significance of the
city’s economic base.
o Policy 2.2 Deliberate Investment – Pursue
business attraction and retention prospects in
sectors which broaden and strengthen the local
economy
The Project is consistent with Goal EP-2 and Policy 2.2 as it
actively contributes to the attraction and cultivation of a new
business within the City of Santa Ana. By upgrading the
existing convenience store business and constructing a new
service station, this initiative will enhance the local business
landscape and strengthen the overall economy. The proposed
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development is anticipated to improve economic growth by
generating significant property and sales tax revenue. This
infusion of revenue solidifies the financial health of the
business itself and contributes to the broader economic
sustainability of Santa Ana.
• Goal EP-3: Business Friendly Environment – Promote
a business friendly environment where businesses
thrive and build on Santa Ana’s strengths and
opportunities.
o Policy 3.7 Facilitating Investment – Promote a
solution-based customer focus in order to
facilitate additional development and
investment in the community.
o Policy 3.8 Comprehensive Analysis of Land Use
– Pursue a balance of fiscal and qualitative
community benefits when making land use
decisions.
The Project would be consistent with Goal EP-3 and Policies
3.7 and 3.8, as it provides for redevelopment of existing
underutilized properties and promotes new commercial
development that would provide services to the community
and visitors. Moreover, the Project would enhance the
intersection at McFadden Avenue and Fairview Street and
compete with nearby commercial businesses. Lastly, by
working on an improved site design with the applicant, staff
ensured that the Project provided a high level of community
investment to ensure the safety of residents, workers, and
visitors in the area.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, the Project is exempt from further review pursuant to Section
15303 of the CEQA Guidelines (Class 3). Class 3 exemption applies to new construction
or conversion of small structures including commercial buildings not exceeding 10,000
square feet. The Project proposes to construct a total of 9,986 square feet of commercial
buildings and structures for the proposed service station within an urbanized area.
Additionally, the Project is located in an urbanized area, has adequate public services,
and does not involve unusual circumstances or significant environmental impacts.
Moreover, the Project does not impact an environmental resource of hazardous or critical
concern where designated, precisely mapped, and officially adopted pursuant to law by
federal, state, or local agencies. As such, a Notice of Exemption, Environmental Review
No. 2022-111, will be filed for this project.
Although the Project is exempt from CEQA, the City retained qualified environmental
consultants to prepare technical studies to ensure that potential impacts related to air
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quality, greenhouse gas emissions, health risks, noise, and vibration were fully analyzed.
These technical studies have been included as part of the staff report for the Planning
Commission’s consideration. The results of these studies confirm that the Project will not
create significant environmental impacts during either construction or operation.
The Air Quality and Greenhouse Gas (GHG) Emissions Assessment, including Health
Risk Assessment (HRA), determined that the emissions from construction and long-term
operations would remain below regional and state significance thresholds. The study also
found that exposure to toxic air contaminants would be well below acceptable health risk
levels, confirming that the Project will not adversely affect nearby sensitive receptors.
Moreover, the Noise and Vibration Impact Assessment evaluated anticipated construction
and operational noise. The study determined that the constructed-related noise from
demolition, site preparation, grading, building construction, and paving would not exceed
the construction noise standard threshold, and all construction activities will be limited to
the hours of 7:00 a.m. to 8:00 p.m. during the weekdays in compliance with SAMC
Sections 18-308 through 18-321. Operational noise from fueling, vehicle circulation, and
delivery activities is expected to have minimal impact on surrounding land uses. Based
on these findings, staff concludes that the Project will not result in significant
environmental impacts, will not cumulatively contribute to regional air or noise pollution,
and is consistent with the intent of CEQA. Therefore, no further environmental review is
required beyond the Class 3 categorical exemption determination.
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. 2025-27, as conditioned in
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Exhibit A, attached hereto and incorporated herein, to allow afterhours operations for the
project located at 2745 W. McFadden Avenue, based on the findings contained in Section
1. 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
December 8, 2025, and exhibits attached thereto; and the public testimony, written and
oral, all of which are incorporated herein by this reference. CUP No. 2025-27 shall not
take effect unless and until Variance No. 2025-01 is approved by the Planning
Commission.
ADOPTED this 8th day of December 2025, by the following vote:
AYES: Commissioners: Carl Benninger, Christopher Leo, Jennifer Oliva,
Bao Pham, Alan Woo (5)
NOES: Commissioners:
ABSENT: Commissioners: Manuel J. Escamilla (1)
ABSTENTIONS: Commissioners: Isuri S. Ramos (1)
_______________________
Isuri S. Ramos
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Gema Zapien, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2025-37 to be the original resolution adopted by the Planning Commission
of the City of Santa Ana on December 8, 2025.
Date: ________________ ____________________________________
Gema Zapien
Recording Secretary
City of Santa Ana
12/08/2025
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2025-03
Conditional Use Permit (“CUP”) No. 2025-03 allowing the operation of a noxious use to
be approved subject to compliance, to the reasonable satisfaction of the Planning Manager,
with applicable sections of the Santa Ana Municipal Code, the California Administrative
Code, the California Building Standards Code, and all other applicable regulations.
The Applicant must comply with each and every condition listed below in order to exercise
the rights conferred by this CUP.
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 this CUP.
1. All proposed site improvements must conform to the Development Project Review
(DP No. 2022-37) and the staff report exhibits.
2. Any proposed amendment to this CUP must be submitted to the Planning Division
for review. At that time, staff will determine if administrative relief is available or if the
CUP must be amended.
3. Fuel deliveries shall occur only between 10:00 p.m. and 6:00 a.m. Delivery trucks
shall remain on-site during unloading and shall not obstruct driveways or adjacent
streets.
4. The Applicant shall comply with the findings of the Air Quality and Greenhouse Gas
Emissions Assessment and the Noise and Vibration Impact Assessment. If ongoing
operations exceed City or SCAQMD standards, corrective measures shall be
implemented to the satisfaction of the Planning Manager.
5. The Applicant shall provide on-site security from 7:00 p.m. to 6:00 a.m. daily at 1001
S. Fairview Street and 2745 W. McFadden Avenue. Removed by the Planning
Commission on December 8, 2025.
6. The Applicant shall install and maintain vapor recovery systems compliant with
SCAQMD requirements and ensure regular inspection to prevent odor or vapor
release.
7. Prior to the issuance of a building permit, the Applicant shall submit a full landscape
and irrigation plan to the Planning Division for review and approval. The landscape
plan shall conform to the commercial landscape standards, Citywide Design
Guidelines, the City’s Water Efficient Landscape Ordinance, and the City of Santa
Ana Tree Species Guide (“Guide”).
8. The recorded Lot Line Adjustment shall be submitted prior to the building permit
issuance to ensure accurate depiction of property boundaries and setbacks for the
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new convenience store and service station for the property at 2745 W. McFadden
Avenue. Evidence of recordation shall be provided to the Planning Division.
9. The Applicant shall maintain all drive-aisle widths, turning radii, and truck circulation
paths as shown on the approved site plan. Any modification to circulation or loading
areas that affects vehicular movement or reduces drive-aisle widths shall require
review and approval by the Planning and Building Agency prior to implementation.
10. Prior to the issuance of building permits, the Applicant shall revise the architectural
plans for Elevation B (north-facing elevation) of the convenience store building to
incorporate enhanced architectural detailing, materials, and design features that
ensure compatibility with the remainder of the convenience store and with the
adjacent commercial building’s outdoor dining area. The revised elevation shall:
a. Fully integrate all electrical panels and related utility equipment into the
building’s architectural footprint through the use of upgraded materials,
screening elements, recessing, or other design treatments that prevent these
components from appearing as add-on or visually obtrusive elements;
b. Include additional architectural articulation, such as enhanced wall
treatments, façade modulation, upgraded materials, spandrel windows,
openings, or other design elements that improve visual interest and eliminate
the appearance of a blank or monotonous façade; and
c. Provide supplemental landscape screening where appropriate to soften views
of the elevation from the internal circulation areas and any outdoor dining
area(s).
d. Ensure all electrical panels and related equipment for the proposed new
construction are fully incorporated into the building’s architectural design
and footprint. The placement, screening, and finish of these elements shall
be consistent with the materials and style of the building to maintain visual
harmony and avoid detracting from the overall aesthetics.
11. Prior to the issuance of building permits, the Applicant shall revise the architectural
plans for Elevation D (south-facing elevation), and any accompanying floor plans, of
the convenience store building to incorporate additional storefront windows that
establish visibility onto the adjacent landscaped areas and public right-of-way.
12. The Applicant shall submit final design details for all landscaping, exterior lighting,
and the new outdoor dining area, including seating layout, materials, fencing,
enclosure design (if applicable), hardscape finishes, and shade structures, to the
Planning and Building Agency for review and approval. All design components shall
be consistent with the Citywide Design Guidelines and shall enhance the visual
quality and pedestrian experience of the integrated shopping center. All
improvements shall be installed as approved and maintained for the life of the project.
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13. All landscaping shall be installed per the approved landscape and irrigation plan. In
addition, all landscaping along the east property line and in parking lot planters shall
be evergreen, be required to be maintained throughout the lifetime of the CUP, and
shall be required to be maintained in a healthy manner. Moreover, any unhealthy or
dead landscaping shall be required to be removed and replaced in-kind.
14. All parking spaces and access drives shall be clearly striped and signed in
accordance with the City's standards and the approved site plan. The Applicant shall
ensure unobstructed vehicular access to and from McFadden Avenue and Fairview
Street at all times. No parking or loading shall be permitted within drive aisles or fire
lanes.
15. Prior to issuance of grading or building permits, the Applicant shall submit a
Construction Staging and Safety Plan identifying locations for construction
equipment, materials storage, worker parking, and truck access routes. The plan
shall ensure that all construction activity occurs entirely on-site and shall be reviewed
and approved by the Public Works Agency and Planning Division.
16. As part of the Building plan check process and prior to Building permits issuance, the
applicant must include a minimum of six (6) electric vehicle (EV) charging stations on
site. The EV charging stations may be clustered together on a single portion of the
site; if dispersed throughout the site, a minimum of one (1) EV charging station shall
be included on the portion of the site that includes the service station. All mechanical
equipment for the EV charging stations shall be screened from view using a
combination of landscaping, solid walls, and/or berming, as approved on the
approved landscape plans during the Building plan check process.
17. Site illumination levels shall remain in compliance with Section 8-211 (Special
Commercial Building Provisions) of the Santa Ana Municipal Code (SAMC) at all
times. Lighting fixtures shall be shielded and directed downward to prevent glare or
light spillover onto adjacent properties.
18. All exterior lighting shall be shielded and directed downward to avoid light spillover
onto adjacent properties. Security cameras shall cover all fueling areas, building
entrances, and parking lots. Footage shall be retained for at least 30 days and made
available to the Santa Ana Police Department upon request. If the Chief of Police
determines there is a documented increase in police-related incidents attributable
to the proposed use, the Applicant/Property Owner may be required to provide
uniformed, state-licensed security guards in a number and schedule determined
by the Chief of Police.
19. Prior to issuance of a building permit, the Applicant and/or Property Owner shall
submit a security plan for the entire integrated shopping center for review and
approval by the Planning and Building Agency (PBA) and the Santa Ana Police
Department. The security plan shall include enhanced security measures including
the latest technology to ensure adequate monitoring to prevent illicit activities and to
verify the age of patrons for the purposes of alcohol sales at any existing or future
licensed establishments on site; handling patrons involved in fighting, arguing or
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loitering about the integrated shopping center, and/or in the immediate adjacent area
that is owned, leased, rented or used under agreement by the licensee(s); and
procedures for calling the police regarding observed or reported criminal activity. The
plan shall also detail lighting levels, camera placement, and safety coordination
measures, subject to review and approval by the Santa Ana Police Department. The
approved security plan shall be implemented prior to occupancy and maintained
throughout the life of the CUP. Modified by the Planning Commission on
December 8, 2025.
20. Prior to submittal into building plan, the site plan shall be revised to relocate the
water and air pump to the parking space closest to the Fairview Street driveway.
Additionally, the pedestrian walkway leading to the convenience store shall be
revised to provide a direct connection from the store entrance to the public
sidewalk. Added by the Planning Commission on Monday, December 8, 2025.
21. Prior to issuance of a building permit, the Applicant shall submit an operating plan
illustrating preventative measures that will be taken to contain fuel spills and drainage
of fuel spills into the biofiltration basins proposed as part of the overall site plan
improvements. Added by the Planning Commission on December 8, 2025.
22. To the extent feasible, the Applicant shall retain the two character/architectural
monuments located outside the existing restaurant known as Husky Boy Restaurant,
facing McFadden Avenue. Added by the Planning Commission on December 8,
2025.
23. Prior to issuance of a building permit, the Applicant shall submit a sign program
application and plans for the entire integrated shopping center for review and
approval by the Planning and Building Agency (PBA) in compliance with Section(s)
41-850 through 41-1000 of the SAMC. Additionally, all the nonconforming cabinet,
monument, and pole signs shall be removed prior to building permit final and
issuance of any certificates of occupancy.
24. The business owner shall maintain and adhere to a “Good Neighbor Policy,”
implementing measures to ensure patrons comply with applicable noise, parking,
and outdoor smoking regulations, and removing litter and preventing loitering in
the areas in the immediate vicinity of the business.
25. The Applicant shall maintain the site as necessary, including but not limited to: the
repair and upkeep of the property; cleanup of trash and debris; repair and upkeep
of any damaged and/or weathered components of the building; repair and upkeep
of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and
related landscape, furnishing, and hardscape improvements.
26. Violations of the CUP 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.
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27. The business shall post in a conspicuous location at the entry to the building the
contact information for the responsible onsite manager, including full name, phone
number, and emergency or backup phone number, in case of noise and related
operational complaints.
28. Within 90 days of the adoption of this resolution, a Property Maintenance
Agreement must be recorded against all properties. The Agreement will be subject
to review and applicability by the Planning and Building Agency, the Community
Development Agency, the Public Works Agency, and the City Attorney to ensure
that the property and all improvements located thereupon are properly maintained.
Developer/Applicant (and the owner of the property upon which the authorized use
and/or authorized improvements are located, if different from the Applicant) shall
execute the 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 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; adherence to approved project phasing etc.), if applicable;
b. Compliance with ongoing operational conditions, requirements and
restrictions, as applicable (including, but not limited to, hours of operation,
security requirements, the proper storage and disposal of trash and debris,
enforcement of the parking management plan, and/or restrictions on certain
uses) if applicable;
c. Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as
applicable;
d. Ongoing maintenance, repair and upkeep of the property and all
improvements located thereupon (including, but not limited to, controls on
the proliferation of trash and debris about and immediately adjacent to the
property; the proper and timely removal of graffiti; the timely maintenance,
repair and upkeep of damaged, vandalized and/or weathered buildings,
structures and/or improvements; the timely maintenance, repair and upkeep
of exterior paint, parking striping, lighting and irrigation fixtures, walls and
fencing, publicly accessible bathrooms and bathroom fixtures, landscaping
and related landscape improvements and the like, as applicable;
e. If Developer/Applicant and the owner of the property are different (e.g., if
the Applicant is a tenant or licensee of the property or any portion thereof),
both the Applicant and the owner of the property shall be signatories to the
Agreement and both shall be jointly and severally liable for compliance with
its terms;
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f. The 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 Agreement;
g. The 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 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.