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HomeMy WebLinkAboutZA FULL PACKET 2012-11-28NOVEMBER 28, 2012 City Hall Ross Annex, Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2012-25 (Ann Ni) Filed by Salvador Morales Garcia to allow Los Corales Seafood restaurant a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer and wine at 2629 West Westminster Avenue, located in the Community Commercial (C1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 16, 2012 PUBLICLY NOTICED: November 15, 2012 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-25 as conditioned. 2. CONDITIONAL USE PERMIT NO. 2012-26 (Vince Fregoso) Filed by Jerry Helguero to allow the Ensenada Grill restaurant a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on-premise sale and consumption of beer and wine at 2501 North Grand Avenue, located in the Arterial Commercial (C5) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 16, 2012 PUBLICLY NOTICED: November 15, 2012 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-26 as conditioned. If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING 3. MINOR EXCEPTION NO. 2012-02 (Matt Foulkes) 4. Filed by Midoros LLC requesting a minor exception to allow a setback reduction and exceed the allowable height for a second dwelling unit at 2326 South Maple Street located in the Single Family Residential (R1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 16, 2012 PUBLICLY NOTICED: November 15, 2012 RECOMMENDATION: Adopt a resolution approving Minor Exception No. 2012-02 as conditioned. MINOR EXCEPITON NO. 2012-03 (Matt Foulkes) 5. Filed by Midoros LLC requesting a minor exception to exceed the allowable height for a second dwelling unit above a detached garage and to be located in an open space deficient area of the city at 1217 West Santa Ana Boulevard located in the Two Family Residential (R2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 16, 2012 PUBLICLY NOTICED: November 15, 2012 RECOMMENDATION: Adopt a resolution approving Minor Exception No. 2012-03 as conditioned. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: NOVEMBER 28, 2012 TITLE: PUBLIC HEARING -FILED BY SALVADOR MORALES GARCIA FOR CONDITIONAL USE PERMIT NO. 201225 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE LOS CORALES SEAFOOD RESTAURANT AT 2629 WESTMINSTER AVENUE Prepared by Ann Hsin~An Ni PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~--~cA(?~L ~-~-c- Planning Manage RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2012-25 as conditioned. Request of Applicant Salvador Morales Garcia is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC} license far the on~premise sale and consumption of beer and wine at Las Corales Seafaad restaurant at 2629 Westminster Avenue. Pursuant to Section 41-196 of the Santa Ana Municipal Cade (SAMC), establishments that sell alcoholic beverages require a conditional use permit. Proiec# Location and Site Description Los Corales Seafood Restaurant currently operates within a free standing, single-tenant building that is located at the northeast corner of Westminster Avenue and Sydney Street. The applicant proposes to obtain a Type 41 ABC license for the on-premise consumption of beer and wine as part of the proposed restaurant's business model. The site contains 1,216 square feet of floor area and was constructed prior to 1959 under the County's .lurisdiction. A total of 15 parking spaces are provided in a surface parking lat. The site is surrounded by shopping center uses to the east, west and south, and residential uses to the north (Exhibits 1 and 2). Project Description Los Corales restaurant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on-premise sale of beer and wine as part of the eating establishment. The restaurant is a full service, sit-down eating establishment that is approximately 1,216-square feet in size and holds Conditional Use Permit No. 2012-25 November 28, 2012 Page 2 approximately 48 seats. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are six days per week from 9:00 a.m. to 12:00 a.m, The storage for alcoholic beverages will be located in the kitchen within an existing refrigerator. The overall storage of alcohol consists of approximately 12 square feet, which is one percent of the #laor area and is less than five percent of the gross floor area of the restaurant. This falls below the Planning Division Guidelines for establishments serving alcoholic beverages (Exhibits 3 and 4}. Proiect Background Los Carafes Seafood restaurant is a locally-owned and operated restaurant that specializes in Mexican seafood cuisine. This business has been operating at the present location since March, 2006. Los Corales Seafood restaurant occupies an existing free standing building that has been used for various eating establishment since 2004. As part of the site plan approval, a new equipment screen is required to be provided to screen all the existing equipment on the roof. The screen will be opaque and compatible with the building design and material. New landscaping material will be added to the landscape planter adjacent to the driveway entrance on Westminster Avenue. Additionally, the Public Works Agency is requiring a new truncated dome on the curb ramp at the northeast corner of Sydney Street and Westminster Avenue per City Standard. A conditional use permit (CUP No. 2004-22) was approved in 2004 for La Cascada restaurant to allow a Type 41 on~sale beer and wine license. The ABC license was revoked by the California Department of Alcoholic Beverage Control due to non-renewal on January 13, 2011. As a result, a new CUP is required to permit the sale of alcohol at the site. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC}, General Commercial land-use districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The parcel is located within the Community Commercial (C-1 } zoning district. The C-1 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Conditional Use Permit No. 2012-25 November 28, 2012 Page 3 Proiec# Analysis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • 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. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • 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. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. 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 conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for the on-sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative ar adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer alcoholic beverages for sale to their guests. Conditional Use Permit No. 2012-25 November 28, 2012 Page 4 • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions impaled on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission far restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than one percent of the gross #loor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City`s needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents and visitors of Santa Ana. Police Iepartment Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed overconcentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. The Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 2629 Westminster Avenue is located in an area that has a 20 percent greater number of reported crimes than the average number reported for all crime reporting districts and is considered average in police-related incidents based on standards established under the Business and Professions Code Section 23958.4. This site is located within Reporting District No, $4. There are single family residential units immediately adjacent to the proposed use, which may be impacted by noise and/or late night activity. Based on the average crime rate and adjacent residences, the Police Department recommends approval of the CUP, provided that the proposed conditions of approval are imposed to ensure that this location operates as a bona fide eating establishment and does not aggravate existing conditions or negatively impact adjacent residents. Conditional Use Permit No. 2012-25 November 28, 2012 Page 5 Public Notification The project site is located near the Riverview and Edna Paris Neighborhood Associations which were notified of this project. Additionally, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2012-42 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 20'12-25 as conditioned. ;~~ W ~~ -~ ~.~-- Ann Ni Associate Planner Vince Fregoso, ASP Principal Planner AN:jm Ani1wp511plancamm21CUP12-25 LosCorales.za Attachments: Exhibit 1 -Vicinity Map Exhibit 2 -Land Use Map Exhibit 3 -Site Plan Exhibit 4 -Floor Plan A EN VE t J .~ • - R, vii -- `R1M 3 1 1 1 1 R1 4R1 Rt I Ri R1 c 1 +.,.a n 1 Rl Ri ~ ar R1 ~ Rt 1 R1 - R1 Ri ~ ~ Rp Rt R1 yRl RI J ~ csi j I ` Rt R1 < R1 Rt EC =_ - eo R1 ~. „ ,._ __ CS Rl Ri , 1 Ri " R1 J R1 ,~ - __ Ri Rl .~car~mr re 1 R3 P O cloy of Grrdee G~o.e ~ ~~RF n a~R R~ Rl .m T, R! ~~;_ sir-.~_ ,~~~ 1 ~ _ ~ E/-- /_-7i~1 -` _.~ I 11 1 - a RA ij R!•PROII II r, '~ ~ ~ ~ I W Wi ~j 17 ya = "~cey p t._~*~ 11~_. ~dLU ~4 F - T f~--~ C c ft a gy m= CI I R2 _ ~ _. C1~ Cif I~ PROJECT -'" ~ ~' c~2 . 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M. F. R. C O M M. C O M M . MULTI-FAMILY RI~SIDENCE S F . R . CUP 20~ 2-25 LOS CORALES TYPE 41 ABC ~j ~~` I 2629 WEST WESTM[NSTER AVENUE ~ P L A N N I N U A N D B t1 I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 E 9 &~~ 4_a F= ~ K o~ G Z a a ~__-__-...___-__-__ 313183W3J 133iI1S ______--- 73NOAS ~- E~Epp~ 3~ ~ ~ uvav scx °e ~~ ~ Kar ~ a 6 O ` °®°® a O p o © o o ~ Z o © ~a ~ ~ a ~~ ~ a ~ ~ ~ Q Z ~ a FF• }w ~i ~~ ~ i~ ~~u ~I~ Q EXHIBIT 3 Page 1 of 2 >~ .~ to g~ g UO !~ tt z a o a ~ ~ ~'o = I ~ d ~- ~_ ~ ~ ~ ~ ~~~ Res F? ~ " y a 6 Q o ~ 3 r LZt ~ -~~ _ >vl ~ ~ Y3bV ~~-' a~wsl~ - 1` .x ~! 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"' _- i Cf ~ d' ~I ~ GI `~ e ~ I ~ N ' - m ~ ~ ~ ~, j`~~ ~,yli(D Gw w G r i l "a ~ ;~~ ~ ~~~' llllI~ I ~ ~ ~ ~ LJ f S I~ +r" r- i j !~ ~ ~~ ~ ~~ ~~ (O } kl ~ ~Sa u pdg EXHIBIT 4 ROH _ 11/28/72 RESOLUTION NO. 2012-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-25 TO ALLOW A TYPE 41 AI-COHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2629 WEST WESTMINSTER AVENUE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012- 25 for a Type 41 Alcoholic Beverage Control (ABC} license to allow the on- premise consumption of beer and wine at the restaurant located at 2629 West Westminster Avenue. B. Conditional Use Permit No. 2012-25 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on November 28, 2012. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages #or on-site consumption. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve a conditional use permit upon making certain findings: 1. Wilt: the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2072-xx Page 1 of 7 2. Will the proposed use 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 license #or the on-sale consumption of beer and wine at the restaurant will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer alcoholic beverages for sale to their patrons. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bona #ide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than one percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs far goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents and visitors of Santa Ana. Resolution No. 2©12-xx Page 2 of 7 E, In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3}, which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2012-42 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2012-25 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated November 28, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of November, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge. Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2012-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 28, 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2012-xx Page 3 of 7 Conditions for Conditional Use Permit No, 2012W25 Conditional Use Permit No. 2012-25 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 Administrative Code, the California Building Standards Code and ail other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. All proposed site improvements must conform to the Site Plan Approval of DP 2012-22. 2. The unpermitted banners and window signs shall be removed from the building prior to issuance of a letter of authorization to the ABC Board. 3. Solid doors, per City standards, must be installed on the existing trash enclosure prior to issuance of a letter of authorization to the ABC Board. 4. The premises shall at all times be maintained as a bona~fide eating establishment as defined in Section 23038 of the California Business and Professions Cade and shat! provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on-sale license are being exercised. 5. There shall be no fixed bar ar lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 6. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after-hours operations pursuant to Santa Ana Municipal Code Chapter 41. 7. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. Exhibit A Page 1 of 4 Resolution No. 2012-xx Page ~1 of 7 8. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served ar consumed. 9, All employees serving alcoholic beverages must complete Responsible Beverage Service Training, ar an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 10. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. 11. Queuing lines shall be managed in an orderly manner and all disruptive andlor intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 12. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. 13. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift. 14. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. f=loor displays shall not exceed three feet in height. 15. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free", "two for the price of one", or "all you can drink for..." or similar language. 16. Any amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 17. Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code {"SAMC") Chapter 11 -Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, musiclnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Exhibit A Resolution No. 2©12-xx Page 2 of 4 Page 5 of 7 1 S. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2. 19. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 20. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 21. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 22. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 23. Existing restaurant and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, doorlwindow locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 24. Atimed-access cash controller or drap safe must be installed. 25. Install a silent armed robbery alarm. 26. Submit a security plan to the Chief of Police for review and approval. 27. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. 28. Combined storage and display areas of alcohol shall not exceed five percent (5%) of the gross floor area of the licensed establishment. 29. Street work shall be required to be performed by a licensed contractor. The contractor must provide the following prior to issuance of the street work permit. a. A City of Santa Ana business license. b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney. Exhibit A Resolution No. 2042-xx Page 3 of 4 Page 6 of 7 c. Contractor's license (with approved classification). d. Proof of Worker's Compensation Insurance. e. Two {2) sets of the approved street improvement plans. f. If there are any new connections to the City's Water Main, provide an approved application for installation of Water Service. For an application, contact Phillip Vakili at (714) 647-3322. Exhibit A Resolution No. 2012-xx Page 4 of 4 Page 7 of 7 REQu~sT FoR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: NOVEMBER 28, 2012 TITLE: PUBLIC HEARING -- FILED BY JERRY HELGUERO FOR CONDITIONAL USE PERMIT NO. 2092-26 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE AT THE ENSENADA GRILL RESTAURANT LOCATED AT 2501 NORTH GRAND AVENUE Prepared by Vince Fregoso RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing Far DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~i.a@ Planning Man er Adopt a resolution approving Conditional Use Permit No. 2012-26 as conditioned. Request of Applicant Jerry Helguero, representing the Ensenada Grill Restaurant, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control {ABC) license and allow the on-premise sale and consumption of beer and wine at an existing restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code {SAMC). Protect Location and Site Description The Ensenada Grill Restaurant is currently operating within the Grand Avenue Plaza, a retail center located on North Grand Avenue, south of Fairhaven Avenue. The site is 2.7 acres in size and contains three single-story buildings that are approximately 36,000 square feet in size. The three buildings were constructed in phases between 1976 and 1978. The Ensenada Grill is located within a 1,634 square foot building that fronts on Grand Avenue. Seating for 60 customers is found within the interior of the restaurant. The site has 230 on-site parking spaces to accommodate all of the tenants of the plaza. The site is surrounded by multi-family residential and commercial uses to the north, commercial and office uses to the south, single-family residential to the east, and commercial developments to the west {Exhibits 1 and 2). Protect Description Ensenada Grill is requesting approval of a Type 41 Alcoholic Beverage Cantrol (ABC) license to allow the on-premise sale of beer and wine at the existing restaurant. Specifically, the applicant is seeking this license in order #o serve alcoholic beverages to patrons ofi the restaurant. The Ensenada Grill is a sit down, full service eating establishment that accommodates 60 patrons within its1,634 square Conditional Use Permit No. 20'12-26 November 28, 2012 Page 2 foot floor space. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary #o the primary restaurant use. The current hours of operation for the restaurant are 10:00 a.m. to 10:00 p.m., seven days per week. The storage area for the alcoholic beverages will be located in the kitchen. A 9 square foot refrigerator that will be located in the kitchen and behind the counter will be provided. The overall storage of alcoholic beverage is less than one percent of the floor area and is less than five percent of the gross floor area of the restaurant (Exhibits 3 and 4). Project Background The Ensenada Gril! Restaurant is an independently owned restaurant specializing in Mexican casual cuisine. This business has been operating at this location since March 2012. Several restaurant tenants have occupied the space since the building was constructed in 1978; however, none of them possessed an ABC license. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial {GC). General Commercial districts provide highly visible and accessible commercial development along the City`s arterial transportation corridors. These districts also provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Pian land use designation. The zoning for the site is Arterial Commercial {C-5). The C-5 zoning districts allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning code. Project Ar~aiysis Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • 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. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter ~41 for such use. Conditional Use Permit No. 2012-26 November 2$, 2012 Page 3 • 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. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. 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 conditional use permit request, staff believes #hat the following findings of fact warrant approval of the conditional use permit. • The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food-related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed license for the on-sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use, In addition, the use will occur within the interior of the premises and is incidental to the restaurant use. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer alcoholic beverages for sale to their guests and other visitors. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the Kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. Conditional Use Permit No. 2012-26 November 28, 2012 Page 4 Police De artment Anal sis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed overconcentrated and high in crime may affect the quality of life, police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on-sale establishments, the Police Department considered two factors when reviewing this application, crime rate and sensitive land uses. • The Police Department has determined that this establishment is located in an area that is considered average in police-related incidents. This site is located within Reporting District No. 222, which ranks 88t~' out of 102 citywide districts in total number of police-related incidents. • There are single-family residential units within 100 feet and a church within 187 feet of the proposed use, which may be impacted by noise andlor late night activity. Based on the average crime rate and adjacent residences and church, the Police Department recommends approval of the CUP, provided that the recommended conditions of approval are imposed to ensure that this location operates as a bona fide eating establishment and does not aggravate existing conditions or negatively impact the residents. Public Notification The project site is not located within the boundaries of a neighborhood association but is located near the Fairhaven, Portola Park and Young Square Associations. The presidents of these Neighborhood Associations were notified by mail 10 days prior to this public hearing. In addition, staff contacted the presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association presidents, nor was there a request that the applicant present the project to a meeting of their members. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. Conditional Use Permit No. 2012-26 November 28, 2012 Page 5 CEQA Compliance In accordance with the California Environments{ Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2012-73 will be filed for this pro}ect. Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 2012-26 as conditioned. Vincent Fregoso, AI~P Principal Planner VF:jm vflreporislCUP~CUP12-26 Ensenada Grilf.112812.za Attachments: Exhibit 1 -Vicinity Map Exhibit 2 -Location Map Exhibit 3 -Site Plan Exhibit 4 -- Floor Plan r; • Y EAIRHAVEN AVE. ~ ~ M EAIRHAVEN AVE. a ~)+9 - {- Fuwu~cv nv - a Cl Eo-Ai ~ ~ -----' E----- R4 ~ R4 ~ ~~+b ~ 1-1 r~rl ~ Al `~ J 11 If------11 11 R4 R2 ~ a) R ~ ut4, w~ ~ II 1~ ~I 11 ~ :.r, 5 g li Il {I II µ ~ AI ~ {1 It tl 11 ~ ~ ~ t`,/{ 1411 k 1 ~~^/riti~vS~l~ `~~ R4 ~~ tlr >' - R1 r CS :. 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FAhULYf~7DHVCE C4-MO COhVh.01JMMH~ALlMi1~AN~ISIPCT NA MlUWNgBaV€QYS Pot SUB~hS4kAFWiRdBdFS C2 C~tI~ALOpF71M8aClAA. p Of'FN~A{>; PE I~CB+fRALE57ATE Ci 18U9kP55 P Fia~FB90t3p1. ~ ~HiFlCDE49.OFMBdT q-A CB~ITF~LBUSk>;SSARilSf4ILlAG£ I~ri HA1ak®OOMMlRW1YL'~VROPh4EhfT ~ S'~7F1GPlAN CA AAMJE)BiCFF1NGCB+fIHt !~ PlJ+7~k®F~4DBJ'tUtl-DLL130R.tBJT CS AKiFfdAL.COMfAf~1,41. CUP 2012-26 ~ ENSENADA GRILL ABC L.IC~NSE ~ °~~~'" 2501 NORTH GRAND AVANU~ - - =sDOEI~r "= 1DDDF~f P L A N N I N G A N D B U I L D I N G A G E N C Y I;xHlslT ~ VICINITY MAP FAIRHAVEN AVENUE w z J ~ ~ Z Q ~ N W ~ ~ ~ W z ~ w ~ G W ~ Z SING E- oc ~ _ w A MULTI -FAMILY ~ ¢ ¢ RE ID NCE "' N RESIDENCE D - ~ ~ SIN LE- z z o AROJECT ~ ~ RE IDENCE SITE ~' ¢ ¢ ~ V l.f Q ^ l7 ~ ~ J GROV EMONT SINGLE- _ ~ AMILY RE5IDENCE A OFI=ICE COMMERCIAL V CHERRY S E N U C H U R C H SIN LE != MfLY ~ RESI E C CUP 2012-26 ENSENADA GRILL ABC LICENSE 2501 NORTH GRAND AVENUE ~ P L A N N I N G A N D B U f C p! N G A D E N{ Y LAND USE MAP EXHIBIT 2 z~ ..~Btts3~ er+sddo xs ~ ~j~~ ;3,`~I i~ ~ z':r~~# ~Itiiui ~~;3 ~ ~ :~~of ~;q ~~I ~n3 r. • ~ ~ ~ ; ~F' '~ Iyj l'~ '1 I I ~~yi ')IE`l I I 4- ---. I ~ i EXH16tT 3 r 4 O JL i J ~ - - V' ~ ~ Vfi IG1 F- ~ ,~ I ` ~, ~ ; L ~ t ~~~ 1 ~ ~ I 1 ~ " - ` = i I ~ ~v` ~ 3 ~ a " u ~ k 1 ~ ppi ti a s ~ ~ l ~ ie O N i~I P J v~i c ~ ` ul' n . GuI~ ~Y ~ a ~~~ 1 ~` v E ~ F ~ ~ Ln 7 ~ 1 ~ l ~ j~ ` ~ ~- ' ~~-US ~n ~' N E < ~ (~ i O~ -s Y ~~ , ~ x a c c L .i ~ , •' ~ L~ i f N . ~ ~, i i EE d _ N -~ _ U U7 1! ~, U U N Ll 0 o\° V _ 3 ii ~~ W 'a. K _ 3 O M o x°, h 9 wq 2 O V r ~ ~ N v' D ~- J =R \~! _. \~( i ~ s _ Fj L....30 ~ ~-- ~ i c,_ ~ ~;_- ;~ ~q i-~ CS a L:~ ~ [ 0 r r l~ ~~ 3 ~ ~,~ ~ ~L i ~~ ~-~~ _~, a ~ F # w ~ ~J_ < ~ _ I~. ~ _ >-- ~__ - ~ ~__ ~ 1 x ~ ~ IT! _, i N l d ` Y L ~l ~-__It~~-' Z ~~ ~ 1~{rill _~r ~ i L~f i i~ ~_~ -~r--,~ r 3~ dli t 6 : - u L9 O ti ¢ ~ z 7 S` ~ K c r~ 3~ '~ ~ .l d 3 n N i ~ ~ 4' /~/ .. ~ ~ 7 U a7 ~ H ~ o ~ f u ~ 4 ~ t~ O ~ U ,.( D o ~ ~ J fl 4 ~Z~ ~ W ~ V ~ q t d 2 y d, Y ~ ~ 4 K z g a ~ N a.. e6 a 4 ~ J - ~ u' ~ ~ o a ~ ° f} c/ Q r ' v ~ ~ `s UtiI ~ - Y N :J ~n ~' LL I Jy EXHIBIT ~ ROH -11128112 RESOLUTION NO. 2012-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-26 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 2501 NORTH GRAND AVENUE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012- 26 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 2501 North Grand Avenue. B. Conditional Use Permit No. 2012-26 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on November 28, 2012. C. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for an-site consumption. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2012-xx Page 1 of fi 2. Will the proposed use 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 license far the on-sale consumption of beer and wine at the restaurant will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The propased use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer alcoholic beverages for sale to their patrons. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary #o be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The propased use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 153Q1. The Resalutian No. 2012-xx Page 2 of 6 Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2012-73 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2012-26 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated November 28, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of November, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2012-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 28,_ 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2012-xx Page 3 of 6 Conditions for Conditional Use Permit No. 2U12-26 Conditional Use Permit No. 201226 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Cade, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or 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. The unpermitted banners and window signs shall be removed #rom the building prior to issuance of a letter of authorization to the ABC Board, 2. Solid doors, per City standards, must be installed on the existing trash enclosure prior to issuance of a letter of authorization to the ABC Board. 3. The premises shall at ail times be maintained as a bona-fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on-sale license are being exercised. 4. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food from the same menu being offered to the general patrons of the eating establishment. 5. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless o#herwise amended by the granting of a conditional use permit far after-hours operations pursuant to Santa Ana Municipal Code Chapter ~t1. 6. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. ?. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. Exhibit A Resolution No. 2012-xx Page 1 of 3 Page 4 of 6 8. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 9. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. 10. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 11. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. 12. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift. 13. There shall be na exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 14. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free", "two for the price of one", or "all you can drink for..." or similar language. 15. Any amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 16. Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 _ Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, musiclnoise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 17. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2. Exhibit A Resolution No. 2012-xx Page 2 of 3 Page 5 of 6 18. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 19. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 20. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 21. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 22. Existing restaurant and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 23. Atimed-access cash controller or drop safe must be installed. 24. Install a silent armed robbery alarm. 25. Submit a security plan to the Chie# of Police for review and approval. 26. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. 27. Combined storage and display areas of alcohol shall not exceed five percent (5%} of the gross floor area of the licensed establishment. Exhibit A Resolution No. 2012-xx Page 3 of 3 Page S of 6 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: NOVEMBER 28, 2012 TITLE: PUBLIC HEARING -FILED BY MIDOROS LLC FOR MINOR EXCEPTION N0.2012-02 TO ALLOW A SETBACK REDUCTION AND EXCEED THE ALLOWABLE HEIGHT FOR A SECOND DWELLING UNIT LOCATED ABOVE A DETACHED GARAGE AT 2326 SOUTH MAPLE STREET Prepared by Matt Foulkes PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing Far DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO 1~~~ Planning anager RECQMMENDED ACTION Adopt a resolution approving Minor Exception No. 2012-02 as conditioned. DISCUSSION Request of Applicant The applicant, Midoros LLC, is requesting approval of Minor Exception Na. 2012-02 to construct a new two-car garage and second dwelling unit. A minor exception from Santa Ana Municipal Code (SAMC} Sections 41-194(h) and 41-194{k} are requested to allow a reduction in the rear yard setback as well as to allow the second dwelling unit to be above a detached garage. Proiect Location and Site Description The site is located within the Delhi neighborhood. The property is located on the west side of Maple Street between Warner and Central Avenues (Exhibit 1). The existing 5,940 square foot lot currently contains an 866 square foot single family residence with no garage. The property is surrounded by single-family residential homes to the nor#h, south, east and west (Exhibit 2}. Proiect Descri tiara The applicant is proposing to construct a 324 square foot second dwelling unit above a 504 square foot two-car garage. The second dwelling unit will be accessed from an internal stairway located within the garage. Improvements to the main residence, which will be completed under separate permits, include a 225 square foot addition to the rear of the existing home to create a new bedroom and bathroom, bringing the primary residence square footage to 1,091. Additional improvements to the property will include the removal of a storage shed in the rear yard, a new concrete driveway and new landscaping in the front and rear yards {Exhibits 3 and 4}. Minor Exception Na. 2012-02 November 28, 2012 Page 2 Proiect Backaround The existing single-family residence was constructed in 1954 without a garage, although a driveway exists along the southern property line. Several nearby homes on Maple Street appear to be designed in a similar fashion, although the adjacent properties to the north and south have detached garages in the rear of the property. As part of the proposed project, the applicant is constructing a conforming two-car garage. In 2003, the California State Legislature enacted AB 1866, which took effect on July 1, 2003. The so-called "Granny Flat" bill instructs Focal governments to include provisions that encourage the addition of second dwelling units in their municipal codes and to remove unreasonable restrictions on constructing such units by making them ministerial in nature. The bill had broad support from a variety of constituents and sources and has been lauded as a means of improving affordable housing stock throughout California. General Plan and Zoning Analysis The General Plan land use designation for the site is Low Density Residential (LR-7). Low Density Residential districts are characterized primarily by single-family homes and lower density residential land uses. The project is consistent with this General Plan land use designation as it maintains the single-family residential characteristics of the neighborhood. The subject site is zoned Single-Family Residential (R-1). This designation allows for one-family dwellings and accessory buildings. This project is consistent with the zoning for the property. Proiect Analysis The applicant is requesting approval of minor exceptions from the City's Second Dwelling Unit ordinance {SAMC Section 41-194). Specifically, the applicant is requesting a minor exception from Section 41~194(h) and Section 41-194(k) to allow the second dwelling unit to have a rear yard less than 10 feet and to locate the second dwelling unit above a detached garage. The applicant is proposing to maximize the open space within the rear yard area by locating the second dwelling unit above the detached garage. However, by attaching the unit, both the garage and the second dwelling unit are required to maintain the 10 foot rear yard setback required in Section 41-194{h) of the SAMC. While the ground-level portion will only be five feet from the rear property line, the proposed second dwelling unit above the garage will be stepped back an additional five feet from the rear property line to maintain a 10 foot setback for the actual unit. Minor Exception No. 2012-02 November 28, 2012 Page 3 An additional minor exception is required to allow the second dwelling unit to be located above the detached garage. When attached to the existing residential structure, the permitted height of a second dwelling unit is equal to the maximum permitted height in the zoning district; however, when connected to a detached structure, the maximum height is limited to 15 feet. While the second dwelling unit component will only be approximately eight feet, its location above the garage brings the overall height of the structure to 19 feet, thus requiring a minor exception. Other options available to the applicant included locating the second dwelling unit adjacent to the detached garage rather than above it as well as moving the detached garage forward an additional five feet to provide the 10 foot rear yard setback. After a thorough analysis, these options were determined to be less advantageous as they would result in a substantial reduction in available rear yard open space as well as reduce the separation between the garagelsecond dwelling unit and the primary residence to less than 15 feet, creating a difficult turning radius for vehicles attempting to park in the garage. Additionally, both the open space reduction and building separation would require minor exceptions from Section 41-194. The granting of the minor exceptions support several goals and policies contained within the Housing Element of the City`s General Plan. These include Policy 1.1 which encourages the rehabilitation, repair, and improvement of single-family structures within the City as well as Policies 2.4 and 2.5 as the new unit increases the diversity of housing types and enhances the architecture of the existing structures. Additionally, the construction of a two-car garage where no garage had previously existed will improve the overall quality of the property by providing off- street parking in both the garage and extended driveway. Public Notification The project site is located within the boundaries of the Delhi Neighborhood Association. The president of this Association was notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement program contacted the president to ensure that they were noti#ied of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association president, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all adjacent property owners of the project site. At the time of this printing, staff has received no inquiries on this project from members of the public. ~~? ~~~' ~`, ~~~ €~ ~., -__ _ _... W .,, ~ ; alt ~~ ~~ _ ~ ~ _ . 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The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Minor Exception No. 2012-02 to construct a new two-car garage and second dwelling unit on the property located at 2326 South Maple Street that does not meet the following provisions of Santa Ana Municipal Code section 41-194: 1. Subsection (h) to allow the second dwelling unit to have a rear yard less than ten (10) feet; and, 2. Subsection (k) to allow the height of the second dwelling unit to exceed fifteen (15) feet. B. Minor Exception No. 2012-02 came before the Zoning Administrator of the City of Santa Ana for a public hearing an November 28, 2012. C. Sonia Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a minor exception upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The legally created lot is smaller than the standard 6,000 square foot at 54 feet wide by 110 feet long (5,940). In order to meet the setback requirements for the main house while also meeting the separation requirements for the detached garage there was insufficient roam to move the garage forward to meet the 10-foot rear yard setback requirement far the proposed second dwelling unit. Additionally, in order to Resolution No. 2012-xx Page 1 of 5 maintain the required 1,200 square feet of rear-yard open space required for second dwelling units the unit was located above the detached garage. The dwelling unit itself meets both the 10-foot rear yard setback requirement and is below the maximum permitted height for second dwelling units, but because it is located above the garage, a minor exception is required for both the setback requirement and height. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The minor exception will allow the owner the right to develop the property in a manner encouraged by the State of California, i.e., providing affordable housing in single-family areas. The owner of this residence wishes to execute the project in accordance with the local guidelines and per AB 1866, California's law that encourages the construction of second dwelling units as an affordable housing option. 3. That the granting of a minor exception wilt not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public welfare because the proposed detached garage will maintain the required five-foot setback from the rear property line and the proposed second dwelling unit will maintain the 10-foot rear yard setback from the rear property line. Additionally, the construction of a garage where one had not previously existed will provide the required parking for both the primary residence and second dwelling unit. Further, the garage and second dwelling unit will be located in the rear of the property which is consistent with the development pattern of the neighborhood including the directly adjacent properties to the north and south. 4. That the granting of a minor exception will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as it is consistent with Policy 1.1 of the Housing Element which encourages the "rehabilitation, repair, and improvement of single-family" structures within the City. Additionally, the project is consistent with Policies 2.4 and 2.5 of the Housing Element as the new unit increases the diversity of housing types and enhances the architecture of the existing structures. Ftesalutian No. 2012-xx Page 2 of 5 D. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2012-75 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Minor Exception No. 2012-02 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated November 28, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 2$~~' day of November, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution Igo. 2012-xx Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, JOCELYN MAGALONA, Clerk of the Zoning Administrator, da hereby attest to and certify the attached Resolution No. 2012-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 28 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2{12-xx Page 4 of 5 Conditions for A royal for Minor Exce tion No. 20'12-02 Minor Exception 2092-02 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 Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip Or t0 exercising the rights conferred by this minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 9. Ali proposed site improvements must conform to the site plan review approval of Res. No. 2092-9262. 2. Any amendment to this minor exception must be submitted to the Planning Division fior review. At that time, staff will determine if administrative relief is available or if the minor exception must be amended. 3. Prior to the issuance of a building permit, the owner or owners of the parcel shall file with the planning manager a recorded covenant, in a form approved by the city attorney affirming and consenting that either the primary dwelling unit or the second dwelling unit shall be owner-occupied. Exhibit A Page 'I of 1 Resolution loo. 2012-xx Page 5 of 5 REQUEST FOR Zoning Administrator Acton ZONING ADMINISTRATOR MEETING DATE: NOVEMBER 28, 2012 TITLE: PUBLIC HEARING -FILED BY MIDOROS LLC FOR MINOR EXCEPTION NO. 2012-03 TO EXCEED THE ALLOWABLE HEIGHT FOR A SECOND DWELLING UNIT ABOVE A DETACHED GARAGE AND TO BE LOCATED IN AN OPEN SPACE DEFICIENT AREA OF THE CITY AT 1217 SANTA ANA BOULEVARD Prepared by Matt Foulkes PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant`s Request ^ Staff Recommendation CONTINl1ED TO Planning Ma er RECOMMENDED ACTION Adopt a resolution approving Minor Exception No. 2012-03 as conditioned. DISCUSSION Request of Ap lip cant The applicant, Midoros LLC, is requesting approval of Minor Exception No. 2012-03 to construct a second dwelling unit above a detached two-car garage. Minor exceptions from Santa Ana Municipal Cade {SAMC) Sections 41-194(a) and 41-194(k) are requested to allow the second dwelling unit to be constructed within an area of the City that has been determined to be deficient in public open space as well as to allow the second dwelling unit to exceed the allowable height by locating it above a detached garage. Proiect Loca#ion and Site Description The site is located within the Flower Park neighborhood. The property is located on the north side of Santa Ana Boulevard between Baker and Bristol Streets {Exhibit 1). The existing 6,250 square foot lot is currently vacant. The property is surrounded by single-family residential homes to the east, west and south and commerciallindustrial to the north {Exhibit 2). Project Description The applicant is proposing to construct a 1,537 square foot, four-bedroom, two-bathroom single- #amily home and a 456 square foot second dwelling unit above a 504 square foot detached two-car garage on a currently vacant property. The second dwelling unit will be accessed from an internal stairway located within the garage. Minor Exception No. 20'12-03 November 28, 2012 Page 2 Both the new primary residence and detached garage will feature a stacked stone accent along the base of the building to complement a stucco finish. Gridded sliding windows with woad trim will also be utilized on both structures. Additionally, as the site was previously vacant, the applicant is proposing new landscaping, front walkway and concrete driveway leading to the detached garage (Exhibits 3 and 4). Pro'ect Back round Building records indicate that this property was previously occupied with a single family residence constructed in 1938, and demolished in 1986. Since that time this site has remained vacant and has been used for the unpermitted outdoor storage of equipment and vehicles. The property has been the subject of several Code Enforcement investigations for a variety of issues relating #o outdoor storage of vehicles, improper landscape maintenance and zoning violations since 2000. The applicant purchased the property in 2012 and was not a party to the prior violations at the property. In 2003, the California State Legislature enacted AB 1886, which took effect on July 1, 2003. The so-called "Granny Flat" bill instructs local governments to include provisions that encourage the addition of second dwelling units in their municipal codes and to remove unreasonable restrictions on constructing such units by making them ministerial in nature. The bill had broad support from a variety of constituents and sources and has been lauded as a means of improving affordable housing stock throughout California. General Plan and Zoning Analysis The General Plan land use designation for the site is ProfessionallAdministrative Office (PAO); however, the proposed residential use of the property will maintain consistency with the predominantly residential character of the neighborhood. The subject site is zoned Two-Family Residential {R-2). This designation allows for one or two- family dwellings and accessory buildings. This project is consistent with the zoning for the property. Proiect Analysis The applicant is requesting approval of a minor exception from the City's Second Dwelling Unit ordinance {SAMC Section 41-194). Specifically, the applicant is requesting minor exceptions from Section 41~194(aj and Section 41~194(k) to allow the second dwelling unit to be located within an area of the City which has been identified as open space deficient as well as to exceed the height limit for second dwelling units by locating it above a detached garage. Minor Exception No, 2012-03 November 28, 2012 Page 3 Location within an Open Space deficient portion of the Cit in 2D03, the City Council adopted Ordinance No. 2629 amending the Municipal Cade regarding second dwelling units in accordance with changes made at the State Level following the adoption of Assembly Bill 1866. A provision added to the SAMC at that time considered the lack of public open space available far residents. The concern being that by allowing second dwelling units to be added to single-family residential properties it would further reduce the amount of open space available on the property while simultaneously increasing the number of dwelling units. This issue was addressed in the Ordinance in two ways. First, the Ordinance identified areas of the City that are "open space deficient". These are areas that are more than one fourth mile from a pocket park (a park of less than five acres) and more than one half mile from a neighborhaod park (a park of more than five acres). While a vast majority of the City that meets the criteria far being open space deficient is within commercial and industrial areas, there are small pockets of residentially zoned properties which meet the Open Space Deficient criteria including the subject property. While within a public open space deficient area, the subject property is located less than 5D0 feet from the radii boundaries of both EI Salvador Park to the northwest and Angels Park to the southeast (Exhibit 5). The subject properties location less than a block from the radius boundaries of both a pocket park as well as a neighborhood park sufficiently diminish the negative impacts associated with a lack of available public open space. Second, the SAMC was modified to require lots requesting to construct a second dwelling unit to provide a minimum of 1,200 square feet of non-front yard open space. This was determined to be a sufficient amount of open space provided on-site to accommodate the needs of both the primary residence and second dwelling unit. The current proposal will provide 1,22'1 square feet of open space in the rear yard, exceeding the minimum required amount by 21 square feet. Locating the second unit above a detached garage The applicant is proposing to maximize the open space within the rear yard by locating the second dwelling unit above the detached garage. When attached to the existing residential structure, the permitted height of a second dwelling unit is equal to the maximum permitted height in the zoning district; however, when connected to a detached structure, the maximum height is limited to 15 feet. While the second dwelling unit component will only be approximately eight feet, its location above the garage brings the overall height of the structure to 20 feet, thus requiring a minor exception. The detached garage location in the rear of the property is consistent with the development pattern of the surrounding properties and will further reduce the visual impact of the proposed second dwelling unit from the street. Additionally, the properties to the north of the subject property are commercially used, effectively eliminating any potential visual or privacy impacts as a result of locating the second unit above the detached garage. Minor Exception No. 2012-03 November 28, 2012 Page 4 An option available to the applicant to avoid the need for a minor exception for height was to locate the second dwelling unit adjacent to the detached garage rather than above it. This option was determined to be less advantageous as it would result in a substantial reduction in available rear yard open space and require another minor exception from Section 41-194. The granting of the proposed minor exceptions allows the project to carry out the goals of the General Plan. Policy '! .1 of the Housing Element encourages "the rehabilitation, repair, and improvement of single-family" structures within the City. Additionally, the project is in compliance with Policies 2.4 and 2.5 as the new unit increases the diversity of housing types and enhances the architecture of the existing structures. Public Notification The project site is located within the boundaries of the Flower Park Neighborhood Association. The president of this Association was notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement program contacted the president to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association president, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all adjacent property owners of the project site. At the time of this printing, staff has received no inquiries on this project from members of the public. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2012-76 will be filed for this project. #' ~€ ~ '~ ~~ ~~'' „_ „ i ,. _ , y. ~€~~ :, , . '- ~'~ ~_ ~~'. 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The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Minor Exception No. 2012-03 to construct a second dwelling unit above a detached two-car garage on the property located at 1217 Santa Ana Boulevard that does not meet the following provisions of Santa Ana Municipal Cade section 41-194: 1. Subsection {a) to allow the second dwelling unit on a parcel which the city has designated as deficient in public open space; and, 2. Subsection {k) to allow the height of the second dwelling unit to exceed fifteen (15) feet. B. Minor Exception No. 2012-03 came before the Zoning Administrator of the City of Santa Ana for a public hearing on November 28, 2012. C, Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a minor exception upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The properties location less than 500 feet from the open space radii for both a packet park to the southeast (Angels Park} and a neighborhood park to the northwest (EI Salvador Park} result in the need for a minor exception to allow a second dwelling unit in an open space deficient portion of the City. Resolution Na. 2©12-xx Page 1 of 5 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one ar more substantial property rights. The minor exception will allow the owner the right to develop the property in a manner encouraged by the State of California, i.e., providing affordable housing in single-#amily areas. The owner of this residence wishes to execute the project in accordance with the local guidelines and per AB 1866, California's law that encourages the construction of second dwelling units as an affordable housing option. 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public welfare or injurious to surrounding properties as it will result in the development of a currently vacant property that has been the subject of several code enforcement actions with ahigh- quality single-family home, detached garage and second dwelling unit, The garage and second dwelling unit location in the rear of the property is consistent with the surrounding residential development as well as reduces the visual impact from the street. Further, the properties to the north of the subject property are commercial uses, further reducing potential visual or privacy related issues with the surrounding properties. 4. That the granting of a minor exception will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as it is consistent with Policy 1.1 of the Housing Element which encourages the "rehabilitation, repair, and improvement of single-famly" structures within the City. Additionally, the project is consistent with Policies 2.4 and 2.5 of the Housing Element as the new unit increases the diversity of housing types and enhances the architecture of the existing structures. D. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2012-76 will be filed for this project. Resolution No. 2412-xx Page 2 of 5 Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Minor Exception No. 2012-03 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upan the evidence submitted at the above said hearing, which includes, but is not limited to: the Ret~uest for Zoning Administrator Action dated November 28, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 2${"' day of November, 2D12. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney Resolution No. 2092-xx Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2012-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 28, 20.12. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2012-xx Page 4 of 5 Conditions for A royal for Minor Exce tion No. 2012-03 Minor Exception 2012-03 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 Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights con#erred by this minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A, Plannin Division 1. All proposed site improvements must conform to the site plan review approval of Res. No. 2012-1263. 2. Any amendment to this minor exception must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the minor exception must be amended. 3. Prior to the issuance of a building permit, the owner or owners of the parcel shall file with the planning manager a recorded covenant, in a form approved by the city attorney affirming and consenting that either the primary dwelling unit or the second dwelling unit shall be owner-occupied. Exhibit A Page 1 of 1 Resolution No. 2012-xx Page 5 of 5 -----Original Message----- From: Patty Garcia [mailto:pa~arcia@CHOC.ORG] Sent: Monday, November 26, 2012 9:35 AM To: Ramirez, Martha Subject: Fwd: AGAINST PROPOSED ADDITIONAL UNITTO 2326 MAPLE STREET 92707 Hello Maria Ramirez, I, Patty Garcia am a resident at 2321 Maple St in Santa Ana, CA 92707 for over 8 yrs. Im against the proposed addition to the vacant residence of 2326 Maple. Reason being, our street Maple is pretty much one of last single family street we have in the already crowded Santa Ana. My neighbors are long time residence, well over 40 yrs and would like our street to continue to be our "Delhi Heights". Building additional rooms to this address will only cause an eyesore to this beautiful single story street. My neighbors right next door to this proposed addition will not have the privacy she once had and most likely her parking in front of her home. Im sure that the proposed addition states "single family" but in reality, and after seeing all the additions to homes in Santa Ana are 2 or more families living arrangements. As you may already know that herein Santa Ana we have a problem with parking due to over crowding households. Mainly because people continue to build additional rooms to their homes, knowing this will create a conflict with parking issues with neighbors. I will try to go to the public hearing on 11/28/12 @ 10 am. I want to be able to hear what everyone else has to say about this situation. As far as I know, everyone on my block does not want any construction on 2326 Maple street. The homes on Maple are fine just the way they are...one story, single family homes. Please be considerate and do not approve this construction on 2326 Maple Street in Santa Ana, CA. Please do not let my street South Maple turn into the usual overcrowded Santa Ana neighborhoods. I love my block just the way it is, quiet, safe, small and friendly. If I will need to get a petition to have Maple St stay the same, I will. How many signature do I need? Im willing to do whatever it takes. Thank you for your time. Sincerely Ms. Patty Garcia 2321 Maple Street Santa Ana,CA 92707 714-619-1861