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City ofSanta Ana

Planning Commission MeetingAgenda

JANUARY 23 2012

CITY HALL COUNCIL CHAMBER22 CIVIC CENTER PLAZA

CALL TO ORDER 600PM

ROLL CALL

PLEDGE OF ALLEGIANCE TO THE FLAG

CONSENT CALENDAR

A MINUTES

RECOMMENDATION

Approve the minutes of the regular meeting on December 12 2011

B MODIFICATIONS TO CONDITIONAL USE PERMIT NO 200922

Verny Carvajal

Filed by Maria Diaz with the Tierra Blanca Restaurant to allow live music duringbusiness hours at 1602 East First Street located in the General Commercial C2zoning district

RECOMMENDATION

Confirm the Zoning Administratorsaction approving modifications to ConditionalUse Permit No 200922 as conditioned

END OF CONSENT CALENDAR

Planning Commission Agenda 3 January 23 2012

BUSINESS CALENDAR

C

D

ELECTION OF OFFICERS

RECOMMENDATION

1 Elect Chairman of the Planning Commission for the year 2012

2 Elect Vice Chairman of the Planning Commission for the year 2012

3 Elect Representative from the Planning Commission to the Historic

Resources Commission for the year 2012

COMMISSIONER COMMUNICATION DISCLOSURE 4REGARDING AGENDIIwD

PROJECTS

PROCEDURAL RULE5

PUBLIC HEARING

1 CONDITIONAL USE PERMIT NO 201125 Ali Pezeshlpour

Filed 13y Trillium Consulting Inc representing ATT Wireless to allow the

construction of a 60foot high wireless facility stealthed as a Eucalyptus tree at 1301

East Warner Avenue located in the Light Industrial M1 zoning district

PUBLISHED IN THE ORANGE COUNTY REPORTER January 13 2012

PUBLICLY NOTICED January 12 2012

RECOMMENDATION

Adopt a resolution approving Conditional Use Permit No 201125as conditioned

2 GENERAL PLAN AMENDMENT NO 209103 AND AMENDMENT APPLICATION

NO 201102FOR 1302 1306 AND 1310 EAST FOURTEENTH STREET AND

VARIANCE NO 201109 FOR 1302 EAST FOURTEENTH STREET

Melanie McCann

adjacent parcels are also proposed to be redesignated from commercial to a

residential general plan land use and zoning designation Additionally the applicant

Mr Gamaliel Vasquez property owner of 1302 East Fourteenth Street is requestingapproval of a general plan amendment amendment application and variance to

allow the construction of a new singlefamily residence As part of this request two

Planning Commission Agenda 4 January 23 2012

is requesting approval of a variance from Sections 41603 of the Santa Ana

Municipal Code SAMC to reduce the required 29 foot prevailing front yard setback

for 1302 East Fourteenth Street



RECOMMENDATION

Recommend that the City Council1 Adopt a resolution approving General Plan Amendment No 201103or 1302

1306 and 1310 East Fourteenth Street2 Adopt a ordinance approving Amendment Application No 201102for 1302

1306 and 1310 East Fourteenth Street

3 Adopt a resolution approving Variance No 201109 for 1302 East Fourteenth

Street as conditioned

3 AMENDMENT TO DEVELOPMENT AGREEMENT NO 2DD4D3 ZONING

ORDINANCE AMENDMENT NO 201201 VESTING TENTATIVE TRACT MAP

NO 2012D1 COUNTY MAP NO 17437 AND SITE PLAN REVIEW NO 2D1201

Sergio Klotz

Filed by Ryan Ogulnick on behalf of Vineyards Development Corporation at the MetLLC to allow an amendment to an existing development agreement zoningordinance amendment vesting tentative tract map and site plan review to allow the

construction of amultifamily residential project with 284 units at 200 East First

American Way



RECOMMENDATIONRecommend that the City Council1 Approve and adopt the Mitigated Negative Declaration and Mitigation

Monitoring Program Environmental Review No 201146

2 Adopt an ordinance approving Zoning Ordinance Amendment No 2012013 Adopt an ordinance approving an amendment to Development Agreement

No 2004034 Adopt a resolution approving Vesting Tentative Tract Map No 201201 as

conditioned5 Adopt a resolution approving Site Plan Review No 201201 as conditioned

Planning Commission Agenda 5 anuary 23 2012

4 PUBLIC COMMENTS on nonagendaiems

5 STAFF COMMENTS

6 PLANNING COMMISSION MEMBER COMMENTS

7 EXCUSE OF ABSENCES

ADJOURNMENT

Planning Commission Agenda lanuary 23 2012

MINUTES OF THE REGULAR MEETINGOF THE PLANNING COMMISSION OF THE

CITY OF SANTA ANA CALIFORNIA

DECEMBER 92 2091

CALLED TO ORDER CITY HALL ROSS ANNEX

ATTENDANCE

FIRST FLOOR CONFERENCE ROOM 160020 CIVIC CENTER PLAZA

SANTA ANA CALIFORNIA535PM

COMMISSIONERS PresentERIC ALDERETE ChairmanJAMES GARTNER Vice Chairman

FRANK ACOSTA

SEAN H MILL

ALEXANDER NALLEMARIO TURNER

PATRICK YRARRAZAVAL

STAFF PresentKAREN HALUZA Planning ManagerRYAN HODGE Assisfanf City AfforneyMARTHA RAMIREZ Recording Secretary

PLEDGE OF ALLEGIANCE TO THE FLAG LED BY CHAIRMAN ALDERETE

A MINUTES

RECOMMENDATION

Approve the minutes of the regular meeting on November 14 2011

MOTION Approved Minutes dated November 14 2011 Commissioner Turner

modified his comments on the Work Study Session item for The Met project He

stated that the new design was a vast improvement and that it seemed to

incorporate many of the Commissionscomments He requested clarification on

the number of units 284 the parking ratio 22 per unit the levels of

subterranean parking approx 3j the facilities at the plazalfitness facility and the

proposed materials for the exterior of the building He also requestedclarifications regarding the 6acre portion of the site and how it was beingtreatedladdressed with respect to a proposal for entitlements

Planning Commission Minutes Page 1 of 6 December 12 2011

MOTION Acosta

VOTE AYESNOES

ABSTAIN

ABSENT

B CONDITIONAL

SECOND Mill

Acosta Alderete Gartner Mill Nalle Turner Yrarrazaval 7None 0None 0None 0

USE PERMIT NO 201123

Filed by Hector Silva to allow a conditional use permit for a Type 21 Alcoholic

Beverage Control ABC license for the offpremise sale of beer wine anddistilled spirits at the Northgate Gonzalez Market at 409 East Fourth Streetlocated in the Downtown SD84 zoning district

RECOMMENDATION

Confirm the Zoning Administratorsaction approving Conditional Use Permit No201123

Commissioner Yrarrazaval recused himself from voting as Principal at ValleyHigh School he is located within the 500 foot radius and left the dais for this item

only

MOTION Confirmed the Zoning Administratorsaction approving Conditional Use

Permit No 201123

MOTION Mill SECOND Gartner

VOTE AYES Acosta Alderete Gartner Mill Nalle Turner 6NOES None 0ABSTAIN Yrarrazaval 1ABSENT None 0

Commissioner Yrarrazaval returned to the dais

C CONDITIONAL USE PERMIT NO 201111

Filed by Carlos Guaman to allow a conditional use permit for a Type 41

Alcoholic Beverage Control ABC license for the onpremise sale of beer and

wine at Tacos Mariscos Sinaloa 2 restaurant at 1620 East First Street Unit Alocated in the General Commercial C2 zoning district

RECOMMENDATION

Confirm the Zoning Administratorsaction approving Conditional Use Permit No

201111 as conditioned


MOTION Confirmed the Zoning Administratorsaction approving Conditional Use

Permit No 2011 11 as conditioned

MOTION Nalle SECOND Mill

AYES Acosta Alderete Gartner Mill Nalle Turner Yrarrazaval 7NOES None 0ABSTAIN None 0ABSENT None 0

END OF CONSENT CALENDAR

BUSINESS CALENDAR

D COMMISSIONER COMMUNICATION DISCLOSURE REGARDING AGENDIZED

PROJECTS

Commissioners Yrarrazaval and Mill visited the Mariscos Zamora Restauran

Commissioner Nalle stated that he would abstain from voting on Item 2

Conditional Use Permit No 2011 2 due to a business relation with the

applicant

Chairman Alderete met with the applicant Josefat Zamora at Mariscos Zamora

Restaurant Appeal No 2011011Conditional Use Permit No 201109 and withRon Underwood applicant representative for McDonalds Conditional Use

Permit 201124

PROCEDURAL RULES

PUBLIC HEARING

1 APPEAL NO 2D11D1 FOR CONDITIONAL USE PERMIT NO 2D11D9

Filed by Josefat Zamora requesting approval of an appeal application to modifyConditional Use Permit No 201109and allow extended hours of operation for

the Mariscos Zamora restaurant at 3701 West McFadden Avenue Units GJlocated in the North Harbor Specific Plan SP2zoning district

PUBLISHED IN THE ORANGE COUNTY REPORTER December 2 2011PUBLICLY NOTICED December 2 2011

Planning Commission Minutes 13age 3 of 6 December 12 2011

RECOMMENDATION

Adopt a resolution denying the applicantsrequest to extend the hours of alcoholsales until 200amAppeal No 201101 thereby confirming the ZoningAdministratorsdecision of November 2 2011

Planning Manager Karen Haluza presented the staff report and recommendation

on behalf of Senior Planner Verny Carvajal who was absent due to illness

Commissioner Mill requested that the Planning Commission receive copies of all

public notifications regarding the public hearing items

Commission discussion ensued regarding the owners outstanding violationsother businesses in the area with extended hours and mitigations in place to

address the crime in the area as well as Cityspolicies related to liquor sales

Planning staff received an email from Vivian Nguyen on 121211opposing theextended hours of operation at the Mariscos Zamora Restaurant

The public hearing was opened

Public members speaking in support of the applicant Leticia Lopez Lisann

Martinez and Alex Vega

The public hearing was closed

Commission discussion ensued regarding criminal activity bar restrictionshistory of violations from applicant and policy definition of family restaurant with

restricted hours for serving alcohol allowed until 12 midnight only

MOTION The Planning Commission pursuant to Section 41643 of the Santa

Ana Municipal Code SAMC voted to overturn the decision of the ZoningAdministrator based on the following findings of fact thereby approvingConditional Use Permit No 201109

Commissioner Miil provided the fallowing findings of fact

1The proposed use provides a service or facility which will contribute to

the general well being of the neighborhood or community2 The proposed use under the circumstances of the particular case and

with conditions of approval would not be detrimental to the healthsafety or general welfare of persons residing or working in the vicinity

3 The proposed use will be beneficial to the present economic stability or

future economic development of properties surrounding the area

4 The proposed use complies with the regulations and conditions

specified in Chapter 41 for such use


5 The proposed use will not adversely affect the General Plan or any

specific plan of the City

MOTION Acosta SECOND Yrarrazaval

VOTE AYES Alderete Gartner Mill Nalle Turner 5NOES Acosta Yrarrazaval 2ABSTAIN None 0ABSENT None 0

2 CONDITIONAL USE PERMIT NO 201124

Ron Underwood from Bickel Underwaod Architects representing Fountainhead

Development and McDonalds Corporation is requesting approval of a conditionaluse permit to allow drivethrough window service in conjunction with a new

McDonalds Restaurant at 1100 South Grand Avenue located in the LightIndustrial M1 zoning district

PUBLISHED IN THE ORANGE COUNTY REPORTER December 2 2011PUBLICLY NOTICED December 2 2011

RECOMMENDATION

Adopt a resolution approving Conditional Use Permit No 201124as

conditioned

Commissioner Nalle stated that he had a potential conflict of interest due to a

business relationship with the applicant and he left the dais for this item only

Principal Planner Vince Fregosa presented the staff report and recommendation

Commission discussion ensued regarding existence of any restrictions for

McDonaldsto cease operating during school hours green building features

from applicant circulation on McFadden potential congestion with traffic and bus

stop and additional cueing study for other McDonalds

No written communications were received

The public hearing was opened

Applicant representative Rab Dvdman and architect Ron Underwood commented

on the project and efforts to comply with the energy efficiency requirements

No public members spoke

The public hearing was closed

Planning Commission Minutes Page 5 of 6 Qecember 12 2011

MOTIONAdopted a resolution approving Conditional Use Permit No 201124 as

conditioned

MOTION Acosta

VOTE AYES

NOES

ABSTAIN

ABSENT

SECOND Mill

Acosta Alderete Gartner MillNone 0Nalle 1None 0

Turner Yrarrazaval 6

Commissioner Nalle returned to the dais

3 PUBLIC COMMENTS on nonagenda items

No public members spoke

4 STAFF COMMENTS

Planning Manager Haluza extended holiday wishes and announced the

cancellation of the January 9 2012 meeting due to lack of items the next

regularly scheduled meeting will resume on January 23 2012

5 PLANNING COMMISSION MEMBER COMMENTS

With Commission consensus Chairman Alderete appointed Commissioners

James Gartner Patrick Yrarrazaval and Sean Mill to serve as members of a sub

committee to study the Cityspolicies and regulations related to alcohol sales

All Commissioners extended holiday wishes and thanked the Planning staff for

their efforts throughout the year

fi EXCUSE OF ABSENCES

AJOURNMENT 71fiPM

MR

Planning Commission Minutes Page 6 of 6 pecember 12 2011

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Amend CUP No 200922

January 23 2012

Page 2

Proiect Description

Tierra Blanca Restaurant is a sitdown establishment specializing in Mexican cuisine open since

April of 2009 The restaurant currently operates within a 426 square foot tenant area and

contains an additional 3597 square foot of basement area for dry storage Seating for

approximately 98 patrons is provided within the restaurant and no outdoor seating is providedExhibits 3 and 4

Tierra Blanca Restaurant offers a variety of beer and wine options in addition to nonalcoholic

beverages to their customers in conjunction with their food sales The site is currently in

compliance with the Citysdevelopment standards in regards to parking landscaping and signage

The applicant is requesting modifications to existing Conditional Use Permit No 200922to permitkaraoke and strolling musicians at the existing restaurant Specifically the applicant is proposing to

amend Condition No 5 which regulates indoor entertainment This request would allow the

restaurant to remain competitive and meet customer demands during the peak holiday season No

tenant improvements are proposed as part of this projec The restaurantshours of operation are

Monday to Thursday from 1000 amto midnight and Friday to Sunday from 900amto midnightno extension of business hours is proposed as part of this project

General Plan and Zonirtg Consistency

The General Plan sand use designation for the site is General Commercial GC General

Commercial districts provide highly visible and accessible commercial development along the Citysarterial transportation corridors and provide important neighborhood facilities and services such as

this restaurant The project site is consistent with this General Plan and use designation The site

is surrounded by commercial uses to the north south and west and industrial uses to the east

The parcel is located within the General Commercial C2 zoning district The C2 zoning district

allows for retail and service uses such as restaurants making the proposed use consistent wish the

zoning code

Proiect Analysis

Conditional Use Permit requests are governed by Section 41638 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 genera 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

Amend CUP No 200922

January 23 2012

Page 3

That the propased 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 planapplicable to the area of the proposed use

If these findings can be made then it is appropriate to grant the conditional use permit Converselythe inability to make these findings would result in a denial Using this information staff has preparedthe following analysis which in turn forms the basis for the recommendation contained in this reportIn analyzing the conditional use permit request staff believes that the following findings of fact

warrant approval of the conditional use permit

The proposed modifications for karaoke and strolling musicians will provide an ancillary service to

the restaurant by allowing customers greater opportunities to patronize the restaurant This will

thereby benefit the community by providing a restaurant with additional and complementary food

related amenities such as strolling musicians Conditions have already 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 modifications to the conditional use permit will not be detrimental to persons residing or

working in the area because the use as conditioned will not create negative or adverse impactsThe sale of alcoholic beverages and the activity of live musicians will occur an the premisesMoreover conditions are imposed to mitigate potential impacts to those in the vicinity

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 live music karaoke and

strolling musicians to their patrons

As conditioned the proposed project will be in compliance with all applicable regulations and

conditions imposed on a restaurant offering karaoke and strolling musicians pursuant to Chapter41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission

for such restaurants Pursuant to previous conditions the facility has the kitchen equipmentnecessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant

related alcoholic beverage control license Additionally the restaurant utilizes 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

Amend CUP No 200922

January 23 2012

Page 4

The proposed use will not adversely affect the Genera Plan Policy 22 of the Land Use

Element encourages land uses that accommodate the Citys needs far goods and services A

restaurant that offers indoor karaoke and strolling musicians provides a dining service to the

residents of Santa Ana

Police Department Analysis

The Police Department evaluated the applicantsrequest and was previously concerned that an

expansion would create a potential or a nightclub or restaurant with karaoke to operate at this

location As a result appropriate conditions were added to ensure the business continue to

operate as a bona fide eating establishment

A review by the Police Department has determined that the management of Tierra Blanca has

complied with the conditions of approval for Conditional Use Permit No 200922 The Police

Department has received two calls for service to the restaurant since the CUP was approved As a

result the Police Department recommends approval of the requested modifications subject to new

90day and6month reviews by the Police Department

Public Notification

The project site is located within the Lyon Street neighborhood and near the boundaries of the

Saddleback View neighborhood The presidents of these Neighbarhood Associations were notified

by mail 10 days prior to this public hearing In addition the District representative from the CitysNeighborhood Improvement Division 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 bythe 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

CEQA Compliance

This project was reviewed in accordance with the Guidelines for the California Environmental QualityAct The recommendation is exempt from further review pursuant to Section 15301 This Class 1

exemption applies to a project that involves the licensing of an existing structure with little or no

expansion involved Categorical Exemption Environmental Review No 200936will be filed for this

project

Amend CUP No 200922

January 23 2012

Page 5

Conclusion

Based on the analysis provided within this report staff recommends that the Planning Commission

approve the proposed modifications to Conditional Use Permit No 200922 as conditioned

Ali Pezes our

Planning nternVeiny CarvajalSenior Planner

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ROH 12114111

RESOLUTION NO 201116

A RESOLUTION OF THE ZONING ADMINISTRATOR OFTHE CITY OF SANTA ANA MODIFYING CONDITIONALUSE PERMIT NO 200922 TO ALLOW A TYPE 41ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THEPROPERTY LOCATED AT 1502 EAST FIRST STREET

BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OFSANTA ANA AS FQLLOWS

Section 1 The Zoning Administrator of the City of Santa Ana hereby findsdetermines and declares as follows

A The applicant is requesting approval of modifiication of Conditional UsePermit No 200922 for a Type 41 Alcoholic Beverage Control ABC licenseto allow the onpremise consumption of beer and wine at the restaurantlocated at 1502 East First Street Conditional Use Permit No 200922came before the Zoning Administrator of the City of Santa Ana on

December 14 2011 for a duly noticed public hearing

B Conditional Use Permit No 200922 came before the ZoningAdministrator of the City of Santa Ana on September 22 2010 for a dulynoticed public hearing On September 22 2010 the Zoning Administratorapproved Conditional Use Permit No 200922

C The applicant is requesting the following modifications to Conditional UsePermit No 200922 for a Type 41 Alcoholic Beverage Control ABClicense to allow the onpremise consumption of beer and wine at therestaurant located at 1502 East First Street

1 Allow live music during business hours

D Santa Ana Municipal Code Section 41196 requires a conditional use

permit for the sale of alcoholic beverages for onsite consumptionE Santa Ana Municipal Code Sections 41649 and 41638 authorize the

Zoning Administrator o modify a conditional use permit upan makingcertain Endings1 Will the proposed use provide a service or facility which will

contribute to the general well being of the neighborhood or

communityThe proposed modifications for karaoke and strollingmusicians will provide an ancillary service to the restaurant

Resolution No 201116

Page 1 of 7

by allowing customers greater opportunities to patronize therestaurant This will thereby benefit the community byproviding a restaurant with additional and complementaryfoodrelated amenities such as strolling live musicians

Conditions have already been placed on the alcoholicbeverage control license which will mitigate any potentialimpacts created by the use and ensure that the use will not

negatively affect the surrounding community2 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 vicinityThe modifications to the conditional use permit will not be

detrimental to persons residing ar working in the area

because the use as conditioned wilt not create negative or

adverse impacts The karaoke and strolling musicians

activities will occur on the premises Moreover conditionsare imposed to mitigate potential impacts to those in the

vicinity3 Will the proposed use adversely affect the present economic

stability or future economic development of properties surroundingthe area

The proposed use will not adversely affect the economicstability of the area but will instead allow the restaurant to

compete with other restaurants in the area that also offer

karaoke and strolling musician activities to their patrons4 Will the proposed use comply with the regulations and conditions


As conditioned the proposed project will be in compliancewith all applicable regulations and conditions imposed on a

restaurant offering karaoke and strolling musicians pursuantto Chapter 41 of the Santa Ana Municipal Code and theguidelines established by the Planning Commission far such

restaurants Pursuant to previous conditions the facility hasthe kitchen equipment necessary to be considered a bona

fide restaurant use and is eligible to obtain a restaurant

related alcoholic beverage control license Additionally therestaurant utilizes less than five percent of the gross floorarea for the storage of alcoholic beverages which is belowthe maximum threshold established by the PlanningCommission

5 Will the proposed use adversely affect the General Plan or anyspecific plan of the City

Resolution No 2D1116

Page 2 of 7

The proposed use will not adversely affect the General Plan

Policy 22 of the Land Use Element encourages land uses

that accommodate the Citys needs for goods and services

A restaurant that offers karaoke and strolling musicians

provides a dining service to the residents of Santa Ana

F This project was reviewed in accordance with the Guidelines for theCalifornia Environmental Quality Act The recommendation is exemptfrom further review pursuant to Section 15341 This Class 1 exemptionapplies to a project that involves the licensing of an existing structure withlittle or no expansion involved Categorical Exemption EnvironmentalReview No 200936will be filed for this project

Section 2 The Zoning Administrator of the City of Santa Ana hereby approvesthe modifications to Conditional Use Permit No 200922 as conditioned in Exhibit A

attached hereto and incorporated herein This decision is based upon the evidencesubmitted at the above said hearing which includes but is not limited to the Requestfor Zoning Administrator Action dated December 14 2011 and exhibits attachedthereto and the public testimony all of which are incorporated herein by this reference

ADOPTED this 14t day of December 2011

Sergio Klotz

Zoning Administrator

APPROVED AS TO FORM

Joseph Straka Interim City Attorney

ByRyan O HodgeAssistant City Attorney


Page 3 of 7

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I JOCELYN MAGALONA Clerk of the Zoning Administrator do hereby attest to andcertify the attached Resolution No 201116to be the original resolution adopted by the

Zoning Administrator of the City of Santa Ana on December 14 2011

Date

Clerk of the Zoning AdministratorCity of Santa Ana

ResoluionNo21116

Page 4 of 7

Modified Conditions for Conditional Use Permit No 200922

Conditional Use Permit No 200922is approved subject to compliance to the reasonablesatisfaction of the Planning Manager with all applicable sections of the Santa Ana

Municipal Code the California Administrative Code the California Building StandardsCode and all other applicable regulations

The applicant must comply in full with each and every condiion listed below rid or to

exercising the rights conferred by this conditional use permit

The applicant must remain in compliance with all conditions listed below throughout thelife of the conditional use permit Failure to comply with each and every condition mayresult in the revocation of the conditional use permit

A Planning Division

1 The project shall remain in compliance with Site Plan Review DP No 0912

2 The conditional use permit applies only to the restaurant use at the groundlevel not to exceed 4268 square feet and shall not include the basementarea or existing hotel on the property

3 Any amendment to this conditional use permit must be submitted to the

Planning Division and Police Department for review At that time staff willdetermine if administrative relief is available or the conditional use permitmust be amended

B Ponce Department

There shall be no fixed baron the premises maintained for the sole purposeof sales service or consumption of alcoholic beverages directly to patrons

2 At all imes when the premises is open for business the sale of alcoholicbeverages shall be made only in conjunction with the sale of food to theperson ordering the beverage

3 The sale of alcoholic beverages for consumption off the premises is strictlyprohibited

4 Any background music or noise shall not be audible beyond 20 feet fromthe exterior of the premises in any direction

Exhibit A

Page 1 of 3 Resolufian No 201 16

Page 5 of7

b There shall be no conduct of live entertainmentpifiemcoin nrrilirn

allowed on the premises as prohibited bxChapter 12 of the Santa Ana Municipal Code fSAMC with the exception ofkaraoke and strollinct live acoustic musicians Modified by the ZoningAdministrator December 4 201

6 There shall be no public telephones located on the exterior of the premises

7 There shall be no exterior advertising of any kind or type includingadvertising directed to the exterior from within promoting or indicating theavailability of alcoholic beverages

8 It shall be the applicantsresponsibility to ensure that no alcoholicbeverages are consumed on any property adjacent to the licensedpremises under the control of the applicants

9 The applicants shall be responsible for maintaining free of litter the area

adjacent to the premises under the control of the licensee

10 The petitionersshall be responsible for maintaining the premises free ofgraffiti

11 There shall be no pool tables coinoperated games or video machinesmaintained upon the premises at any time

12 The quarterly gross sales of alcoholic beverages shall not exceed the grasssales of food during the same period These records are to be kept no lessfrequently on a quarterly basis and shall be made available to the City ifrequested

13 The premises shall be maintained as a bona fde eating establishment andshall provide a menu containing an assortment of foods normally offered inrestaurants

14 The sales service and consumption of alcoholic beverages shall be

permitted only between the hours of 1000 amand 1100 pm seven daysa week

15 This land use authorization is only for a Type 41 onsale beer and winepublic eatingplace any other license use at this location will require a new

land use clearance

16 Neither the applicant nor any person or entity operating the premises with

the permission of the applicant shall violate the Citys adult entertainmentordinance contained in SAMC section 121 and 122

Exhibit A Resolution No 201116

Page 2 of 3 Page 6 of 7

17 The premises shall not be operated as an adult entertainment business as

such term is defined in Santa Ana Municipal Code sectian4117016

18 This conditional use permit shall be reviewed at 90 days and at six monthswear and then annually thereafter by the Police Department for anymodification to the conditions of approval Modified by the ZoningAdminisraor December 74 2077

19 Existing restaurant and required parking within the entire parking lot mustconform to the provisions of Chapter 8 Building Security QrdinanceThese code conditions will require that the existing projects lightingdoorwindow locking devices and addressing be upgraded o current codestandards Lighting standards cannot be located in required landscapeplanters

20 Prior to issuance of Letter of Approval to the Alcohol Beverage ControlBoard condition 19 must be complied with

21 Cash register must be visible from the street at all times and shall not beobstructed at any time by temporary or permanent signage

22 Window displays must be kept to a minimum for maximum visibility andshall not exceed 25 percent of window coverage

23 Window displays and racks must be kept to a maximum height of three feet

including merchandise

24 Atimedaccess cash controlleror drop safe must be installed

25 Install a silent armed robbery alarm

26 That the service of alcoholic beverages shall be by waiter or waitressservice only

27 Any graffiti painted or marked upon the premises or on any adjacent area

under the control of the licensee shall be removed or painted within 24hours of being applied

28 The petitioners shall post a placard prohibiting loitering pursuant to PenalCode Section 602 on the exterior of the premises and in the parking lot

29 It shall be the petitionersor licenseesresponsibility to ensure that PenalCode Section 602 is complied with at all times that the premises is in

operation

30 The establishment may not be operated as public premises


Page 7 of7

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CUP No 201125

January 23 2012

Page 2

The proposed wireless facility will contain three arrays with four pane antennas on each side for a

total of 12 panel antennas A GPS and parabolic antenna will also be located on the monopole

Project Background

The site is owned by Gates Warner LLC and is occupied by Goodwill Industries for warehouse and

distribution purposes Gates Warner will be leasing a 320 square foot area at the northwest

section of their site to ATTfar the installation of the cell tower and related equipment

In April 2011 Trillium Consulting Inc submitted plans far the wireless facility After subsequentreview staff recommended moving the monopole and equipment area to the rear of the propertyaway from Warner Avenue to assist with the stealthing of the facility Resubmittals for the projectnow comply with staffsrequest with the wireless facility at the rear of the property

General Plan and Zonin Consistent

The General Plan land use designation for the site is Industrial IND which allows for manufacturingand industrial uses Uses such as wireless facilities are consistent with this General Plan land use

designation

The zoning for the site is Light Industrial M1 The Light Industrial zoning district is a zone that

also allows for manufacturing industrial and warehouse uses The proposed use is also

consistent with the zoning designation

ProectAnal sis

In July 1998 the City Council adopted Ordinance No NS2356 which established regulations for

wireless communication facilities throughout the City Major wireless facilities which are groundmounted facilities such as the one proposed or roof mounted and higher than 10 feet above the roof

of a building are required to have a stealth design and be located in an area that provides the

greatest amount of visual screening Further these major facilities require the approval of a

conditional use permit Also Section 411984 of the Santa Ana Municipal Code SAMC identifies

several site improvements that may be required at sites with major wireless facilities These

improvements include

1 Landscaping around the base of the facility including vines groundcover and a 24inch box tree

2 Decorative fencing wrought iron or block around the facility3 A sixfoot high solid wall between the facility and property zoned or used for residential4 One parking space ifonsite parking is not available5 Repairing repaving and restriping of a parking lot which is in poor condition6 The repainting of buildings on a site and

7 The construction of a new trash enclosure

CUP No 201125

January 23 2012

Page 3

Conditional Use Permits are governed by Section 41638 of the SAMC Conditional use permits 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 will not adversely affect the present economic stability or uture 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 planapplicable to the area of the proposed use

if these findings can be made then it is appropriate to grant the conditional use permit Converselythe inability to make these findings would result in a denial Using this information staff has preparedthe following analysis which in turn forms the basis for the recommendation contained in this reportIn analyzing the conditional use permit request staff believes that the following findings of fact

warrant approval of the conditional use permit

Section 411985b of the SAMC estabfishes site selection order of preference criteria for wireless

facilities These provisions require the exploration of various options before proposing a new

monopole The applicant has explored alternatives to this monopine including providing a roof

mounted facility on an existing building in the area and colocating on another facility The heights of

the buildings predominantly one story in the immediate area do not provide the necessary height to

provide adequate service Also there are no wireless facilities close enough to provide the necessary

coverage and capacity that ATTrequires

Site improvements are proposed for the site that wil bring the site into compliance with the wireless

communications facility ordinance First two 36inch box eucalyptus trees will be planted near the

facility to assist in the stealthing of the monapole Second decorative vines will be planted along the

chain link fence that will be used to secure the wireless equipment Finally the building will be

repainted as necessary to remove graffiti The remaining items were found to be in compliance with

the requirements of the wireless facilities ordinance

The project will provide a service or facility which will contribute to the community The proposedmonopine will provide a service to Santa Ana residents businesses and motorists who subscribe

to ATTs services by reducing the gaps in cellular service and providing additional callingcapacity for its users in the south central sector of SantaAna

cuP No 2a25

January 23 2a 2

Page 4

The proposed wireless facility at this location will not be detrimental to persons residing or workingin the area as the proposed facility will be in compliance with Federal law that govern health

related issues for wireless facilities including safety regulations from the Federal

Communications Commission FCC and Federal Aviation Administration FAA

The proposed monopole in conjunction with the new live eucalyptus trees and site

improvements will be compatible with the surrounding area and wi11 not adversely affect the

economic viability in the area The stealth appearance and site enhancements will maintain and

increase the economic stability for this commercial corridor

The use will comply with all provisions pertaining to the construction and installation of wireless

facilities identified in Chapter 41 Zoning Code of the Santa Ana Municipal Code

The proposed monopole will not adversely affect the General Plan as cellular facilities that are

designed to be compatible with the surrounding environment are consistent with the goals and

objectives of the Industrial IND General Plan land use designation Further Policy 22

encourages land uses that accommodate the Citys needs for services

A facility disguised as a eucalyptus tree monopole would provide the best stealth possible for this

location The facility is located within an industrial district and will be installed on the south side of

the building away from other industrial buildings Within the corridor there is a mixture of tree

species The eucalyptus tree design will easily blend into the area and will be designed to allow for

future colocation by another provider Of the various tree designs the eucalyptus tree is a designthat can stealthsthe equipment needed by additional wireless providers All associated wiring and

conduit for the facility will be underground or hidden within the interior of the monopole

This location is also optimum to provide the coverage necessary for existing and expanding service

The proposed cellular antennas will provide a benefit to Santa Ana residents businesses and

motorists who subscribe to ATT by closing service gaps in the area Equipment for the facility will

be located within a new enclosure inside of the building with vines planted on the existing fence to

assist in screening the wireless facility The proposed wireless facility complies with the CitysWireless Communications Facility Ordinance and will provide needed service to this area of the CityFurther the project is consistent with the goals and objectives of the General Plan including Policy22 of the Land Use Element which encourages land uses that accommodate the Citys needs for

services

Public Notification

The project site is not located within the boundaries of a Neighborhood Association The projectsite was posted with a notice advertising this public hearing a notice was published in the OrangeCounty Reporter and notices were sent to all property owners within 5a0 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

CUP No 201125

January 23 2012

Page 5

CEQA Compliance

This project was reviewed in accordance with the Guidelines for the California EnvironmentalQuality Act The project is exempt from further review pursuant to Section 15303 This Class 3

exemption allows infill developments for the construction and location of limited numbers of new

small facilities or structures Categorical Exemption Environmental Review No 20922will be filedfor this project

Conclusion

Based on the analysis provided within this report staff recommends that the Planning Commissionapprove Conditional Use Permit No 201125 as conditioned

1Vince Fregoso AICP

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ROH 012392

RESOLUTION NO 2012

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SANTA ANA APPROVING CONDITIONALUSE PERMIT NO 201125 TO ALLOW A 60FOOT HIGH

WIRELESS FACILITY ON THE PROPERTY LOCATED AT1301 EAST WARNER AVENUE

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANAAS FOLLOWS

Section 1 The Planning Commission of the City of Santa Ana hereby findsdetermines and declares as follows

A Conditional Use Permit No 201125came before the PlanningCommission of the City of Santa Ana for a duly noticed public hearing on

January 23 2012

B Conditional Use Permit No 201125 has been filed with the City of SantaAna seeking to allow a 60foot high wireless facility disguised as a

eucalyptus tree on the property located at 1301 East Warner Avenue

C Pursuant to Santa Ana Municipal Code Section 4119810 a ConditionalUse Permit is required for major wireless communication facilitiesestablished in the City of Santa Ana

D Santa Ana Municipal Code Section 41638 authorizes the PlanningCommission to grant a conditional use permit upon making certain

findings1 Will the proposed use provide a service or facility which will

contribute to the general well being of the neighborhood or the

communityThe proposed 60foot tall eucalyptusdisguised cellular

monopole will provide a service to Santa Ana residentsbusinesses and motorists who subscribe to ATTsservices

by reducing the gaps in digital cellular service and providingadditional calling capacity for its users especially for those

users traveling within the south central sector of Santa Ana

2 Will the proposed use under the circumstances of the particular case

be detrimental to the health safety or general welfare of personsresiding or working in the vicinity

Resolution No 2012XXX

Page 9 of 6

Federal law exempts local jurisdictions from regulating health

related issues as these issues are covered under Federal

laws However the proposed facility will be in compliancewith both the Federal Communications Commission FCCand Federal Aviation Administration FAA safety regulations

3 Wll the proposed use adversely affect the present economic stabilityor future economic development of properties surrounding the area

The proposed facility in conjunction with the new eucalyptustrees and required site improvements will be compatible withthe surrounding area and will not adversely affect the

economic viability in the area The stealth appearance and

site upgrades will be the major solution to maintaining and

increasing the economic stability for this commercial corridor

4 Will the proposed use comply with the regulations and conditions


The cellular facility has been designed to comply with the

regulations and conditions identified in Chapter 41 of the

Santa Ana Municipal Code for a major wireless facility5 Will the proposed use adversely affect the General Plan or any

specific plan of the CityThe proposed facility will not adversely affect the GeneralPlan as cellular facilities that are designed to be compatiblewith the surrounding environment are consistent with the

goals and objectives of the Industrial IND General Plan landuse designation Policy 22 of the Land Use Element

encourages land uses that accommodate the Citys needs for

services

E This project was reviewed in accordance with the Guidelines for the

California Environmental Quality Act The recommendation is exemptfrom further review pursuant to Section 15303 This Class 3 exemptionallows infill developments for the construction and location of limitednumbers of new small facilities or structures Categorical ExemptionEnvironmental Review No 20122 will be filed for this project

Section 2 The Planning Commission after conducting the public hearinghereby approves Conditional Use Permit No 201125as 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

Planning Commission Action dated January 23 2012 and exhibits attached theretoand the public testimony all of which are incorporated herein by this reference


Page 2 of 6

ADOPTED this 23rd day of Janua 2012 by the following vote

AYES Commissioners

NOES Commissioners

ABSENT Commissioners

ABSTENTIONS Commissioners

Eric Alderete

Chairman

APPROVED AS TO FORM

Joseph A Straka City Attorney

BvRyan O HodgeAssistant City Attorney


I Martha Ramirez Planning Commission Secretary do hereby attest to and certify the

attached Resolution No 2012 to be the original resolution adopted by the PlanningCommission of the City of Santa Ana on January 23 2012

DatePlanning Commission SecretaryCity of Santa Ana

Resolution No 2o12XXX

Page 3 of 6

Conditions for A roval for Conditional Use Permit No 20i125

Conditional Use Permit No 201125is approved subject to compliance to the reasonablesatisfaction 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 ridor 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 mayresult in the revocation of the conditional use permit

A Planning Division

1 The applicant must comply with all conditions and rectuirements of the

Development Review Committee for the development project DP No

201182 Any amendment to this conditional use permit must be submitted to the

Planning Division for review At that time staff will determine if

administrative relief is available or the conditional use permit must be

amended

3 The proposed monopole shall be constructed as per approved plans and

any existing landscaping shall be protected in place during the construction

period for the 60foot tower facility4 The proposed monopole shall be constructed per the following

specificationsa The monopine should have 31 branches per foot for full density

coverage wikh limited spacing between the branches 70 percent ofthe branches should be eight feet or longer

b Branch disbursement should be random so that longer branches and

shorter branches are intermingled to give a natural appearance

c Branches should exceed all antennas by a minimum of 12 inches

d Branches should start at 15 feet above the grounde There should be a minimum space of seven feet between the top of

the antenna and the top of the branches

f Branches should have a sweep similar to that of an actual

Eucalyptus Tree

g Branch foliage color should be an olive green with some other

appropriate coloring to match an actual Eucalyptus Tree A sampleshall be submitted for approval prior to fabrication

Resolution lVo 2012XXX

Page 4 of 6

h full bark cladding with a custom color should be submitted for

approval prior to fabrication

i All antennas shaft be covered with antenna socks that match the

approved foliage color

j Alf standoffmounts and support pipe mounts shall be concealed

behind antennas and painted a darker shade or green or black witha flat paint finish to reduce reflection and visibility of the mounting

k include the tree specifications selected manufacturers and modelswith photo simulations also a site plan review requirement

I Show the location of the GPS antenna on ail elevations

m Provide a unistrut detail for the utility cabinet anHframe is not

acceptablen Provide a note on the plans stating install underground utilities

sleeving for two carriers during construction of the structureShrouds on the outside of the pole are not acceptable

o All exterior conduit and electrical meters shall be installed andscreened in one metal enclosure painted to match the structure

5 The permit applicant shall provide a 24hour phone number to which

interference problems may be reported This condition will also apply to all

existing facilities in the City of Santa Ana

6 The permit applicant will provide a single point of contact in its

Engineering and Maintenance Departments to insure continuity on all

interference issues The name telephone number fax number and amail

address of that person shall be provided to the Citys designatedrepresentative upon activation of the facility

7 The permit applicant shall insure that lessee or other users shall complywith the terms and conditions of this permit and shall be responsible for the

failure of any lessee or other users under the control of permit applicant to

comply8 The permit applicant shall provide a coverage and calf site location map for

each existing and proposed facility in Santa Ana

S Locate all equipment and related appurtenances appfeton plug and electric

meter on the inside of the existing equipment enclosure or inside the

building and underground ail electrical power from the utility source shown

on the approved site plan0 Locate alt proposed ladders on the interior of the building or inside the lease

area within the building


Page 5 of S

11 The existing building shall be repainted The applicant shall submit paintcolor samples or the repainting to the Planning Division

12 Conditional Use Permit No 201125expires 10 years rom the date of CityCouncil approval


Page 6 of 6

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GPA No 201103 AA No 201102 VA No 201109

January 23 2012

Page 2

parcel at 1306 and 1310 East Fourteenth each with an existing singlefamily residence The

project area is surrounded by single family residences to the north and east amultiplefamilyapartment complex and vacant lot to the south and a combination of single family and commercial

uses to the west Exhibits 1 and 2

Project Description

The applicant proposes to construct a 1170 square foot singlestory single family residence with an

attached 448 square foot twocar garage at 1302 East Fourteenth Street The current General Plan

land use designation far the vacant site and two adjacent residentially developed lots is GeneralCommercial GC and zoned as Arterial Commercial C5 This land use designation and zoningdoes not permit single family residences

As highlighted below the proposed onestory residence has been designed to meet ar exceed the

single family residential standards with the exception of the front yard setback

Fron yardSide yard East

Side yard West

Rear yardLot size

Street frontageLot coverage maximumOnsite parking

Proposed Required244 ft 29 ft

5ft 5ft

10ft215ft4813 ft6254 ft3444 space 2 enclosed

10ft20 ft

4000 ft ifresulfed from legal subdivision5a ft

35

4 space 2 enclosed

The proposed residence includes three bedrooms two bathrooms and an attached twocar garage

Exhibits 3 and 4 The architecture of the proposed new residence includes multiple buildingmaterials including brick veneer and stucco as well as accents of wood siding and window trim The

proposed architecture meets the Citywide Design Guidelines and is compatible with the existingarchitectural styles of the neighborhood and housing along Fourteenth Street A six foot decorative

block perimeter wall is proposed with an enhanced landscape edge along Grand Avenue Exhibits 5

and 6

Project Background

The vacant lat at 1302 East Fourteenth Street is a remnant parcel from the Santa Ana Freewayrealignment and improvements and identified in the 15 Widening Remnanf Parcels Reuse Plan

1995 for future residential development In 2002 the applicant submitted a similar request to

amend the General Plan land use and zoning designation and allow a variance to construct a

singlefamily residence at 1302 East Fourteenth Street Initially staff recommended approval of

the required discretionary actions The proposal was reviewed by the Planning Commission at its

April 8 and May 23 2002 meetings at which time the Planning Commission raised issues with the

G PA No 201103 AA No 201102 VA No 2011D9

January 23 2012

Page 3

proposed land use potential noise impacts to the residence once constructed and the proposedGrand Avenue widening project As proposed the project has been designed with a six foot

perimeter wall to provide privacy and deflect noise from Grand Avenue traffic In addition per

California Energy Code requirements the windows for the residence wil be insulated and dual

glazed The public rightofway far Grand Avenue adjacent to the subject site was fully widened

and improved at the time of the I5 Widening Project These improvements reduced the subjectparcel at 1302 East Fourteenth Street to 413 square feet and included the construction of a

median barrier to restrict entry onto Fourteenth Street

At the Planning Commissionsdirection the CitysHousing Division met with the applicant in an effort

to exchange this site with an Agencyowned property that would be suitable for single familyresidential development None of the offers for land exchange were accepted by Mr Vasquez On

September 19 2002 the Planning Commission recommended denial of Mr Vasquezsdiscretionaryrequests by a vote of 70 with City Council adopting a resolution on October 6 2003 to deny that

proposal

Mr Vasquez has chosen to pursue the project again by submitting a new General Plan

Amendment Zoning Amendment and Variance applications in 2011

Project Analysis

General Plan Amendment

The existing General Plan land use designation for the project area is General Commercial GCwith a maximum allowable 05 floor area ratio General Commercial districts are primarily locatedon commercial corridors and major arterial roadways in the City They provide accessible

commercial development along the Citys arterials as well as provide support facilities and

services including retail office restaurants and various other services

The parcel located at 1302 East Fourteenth Street is a vacant remnant property as a result of the

I5 Freeway widening Due to its limited lot size of4813 square feet and lack of driveway access

onto Grand Avenue this parcel is not considered viable for a freestanding commercial use withoutthe potential of intrusion on the adjacent residential neighborhood to the east The General Plan

land use designation proposed for the three parcels in the project area is Low Density Residentialintended for a maximum of seven dwelling units per acre Exhibit 7 The total land area includedwithin the proposed General Plan Amendment No 201103 is 1699 square feet or 43 acres

Exhibit 8

Amending the General Plan land use designation from General Commercial GC to Law DensityResidential LR7 will allow for consistency between the two existing single family homes and the

Citys General Plan land use vision The proposed Low Density Residential land use designationwill also act to implement the Land Use Element goal of preserving existing residential

GPA No 201103 AA No 201102 VA No 201109

January 23 2012

Page 4

neighborhoods from commercial intrusion as well as the Housing Element goal to encourage the

maintenance preservation and upgrade of neighborhoods and provide additional affordable

housing opportunities for the community The proposed residential General Plan land use

designation will also allow the applicant a viable use of his property at 1302 East Fourteen Street

Finally the project will preserve and improve the character of the surrounding neighborhood and

travel corridor aesthetics through the development of the existing vacant site

Amendment Application

The proposed project area is within the Arterial Commercial C5 zoning district which does not

identify a single family residence as a permitted use The project area includes the applicantsvacant

4813 square foot parcel at 1302 East Fourteenth Street as well as the two adjacent 6943 squarefoot adjacent parcels at 1306 and 1310 East Fourteenth Street developed in the early 1950s as

single family residences The proposed amendment application zone change is needed to changethe zoning from Arterial Commercial C5 to SingleFamily Residence R1 to facilitate construction of

a residence on the vacant lot and preserve the two adjacent single family residences The proposedR1 zoning will also allow the project sites to be consistent with the existing R1 zoning of the remainingresidential properties and neighborhood to the east of the project sites Exhibit 9 In addition Cityzoning law states that structural alterations and additions may be made to existing singlefamilyresidences only if they are located in a residential zone Thus changing the existing commercial

zone to the Single Family Residence R1 zoning district will benefit the two existing single familyresidences 1306 and 1310 East Fourteenth Street by reducing barriers to future home

improvements or modification to their residences

Variance

The applicant is requesting a variance from the prevailing front yard setback for single familyresidences The project proposes a 244 feet front yard setback which is a 16 percent reduction of

the 29 feet prevailing front yard setback on East Fourteenth Street Variance requests are governedby Section 41638 of the SAMC Variance requests may be granted when it can be shown that the

following can be established

That there exists a special circumstance related to the property such as size shape topographylocation or surroundings

That the granting of the variance is necessary for the preservation and enjoyment of substantial

property rights

That the granting of the variance will not be detrimental to the public or surrounding property

That the granting of the variance will not adversely affect the General Plan

GPA No 201103 AA No 201102 VA No 201109

January 23 2012

Page 5

If these findings can be made then it is appropriate to grant the variance Conversely the inability to

make these findings would result in a denial Using this information staff has prepared the followinganalysis which forms the basis for the recommendation contained in this report

Regarding this project Section 41603 of the Santa Ana Municipal Code SAMC states that in

residential zones where forty 40 percent or more of the lots any blockare developed with

building the required front yard for any new building or alteration to an existing building shall be

not less than the arithmetical average of the front yard The prevailing average front yardsetback along East Fourteenth Street is 29 feet As proposed the new single family residence will

provide a 244 foot setback along Fourteenth Street The applicant is requesting approval to allow

the reduced setback to remain as proposed which would require the approval of a variance from thecode as discussed above

In analyzing the variance request staff must be able to show that findings can be made that supportthe criteria listed above

The project site has a special circumstance related to its size shape and location The property is

located at the southeast corner of Fourteenth Street and Grand Avenue The lot size was reduced

to4813 square feet as a result of the Santa Ana Freeway I5 Widening Project The proposedonestory singlefamily residence is well designed and complies with the development standardsset forth in Chapter 41 of the Santa Ana Municipal Code including side and rear setbacks parkingand landscaping

The granting of the variance is necessary for the preservation and enjoyment of substantial

property rights Allowing the building to be constructed with a reduced front yard setback will

allow the owner the ability to develop the property with swelldesigned singlefamily residence

that is consistent with the SingleFamily Residence R1zoning district Shifting the structure to

comply with the 29 foot prevailing front setback standard would reduce the feasibility and

livability of the proposed residence which impacts the property rights of the owner

The granting of the variance will not be materially detrimental to the public or surroundingproperties as the building and site have been designed to comply with all applicabledevelopment standards except for the front yard setback The new building and related site

improvements and landscaping will enhance this property as well as the surrounding propertiesThe brick veneer base and entry of the house chimney and stucco materials as well as the

wood window trim and wood siding accents at the eaves are proposed to enrich the elevation

and be compatible with the existing architectural style in the adjacent neighborhood

Finally the project will not adversely affect the general plan as the new single family house is a

permitted use in the proposed Low Density Residential land use designation In addition the

project is consistent with several goals and policies of the General Plan Specifically the Land

Use Element Policy 210 supports new development which is harmonious in scale and

GPA No 201103 AA No 201102 VA No 201109

January 23 2012

Page 6

character with the existing development and Policy 35 encourages new development that is

compatible in scale and consistent with the architectural style and character of the

neighborhood Housing Element Goal 2 seeks to provide a diversity of quality housingaffordability levels and living experiences that accommodate Santa Anas residents and

workforce of all household types income levels and age groups to foster an inclusive

community

Public Notification

The project site is located within with the Mabury Park Neighborhood Association and just east of

the Grand Sunrise Neighborhood Association boundaries Neighborhood leaders were contacted

for both respective neighborhood associations Upon request staff and the applicant attended andmade presentation to the Grand Sunrise Neighborhood Association in May 2011 The MaburyPark Neighborhood Association chairperson was also invited to attend At the conclusion of the

meeting neighborhood association attendees were supportive of the proposed project The

applicant contacted the two other affected properties on Fourteenth Street in the fall of 2011 Citystaff followedup to these same owners at 1306 and 1310 East Fourteenth Street with phone calls

and a letter sent November 30 2011 In conversation with City staff the property owner at 1306

East Fourteenth expressed his concern with the existing overflow parking onto Fourteenth Street

by the adjacent multiple family apartments as well as the addition of onstreet parking needs thatwould be created by the proposed new single family residence

The contacts of the Neighborhood Associations were notified by mail 10 days prior to this publichearing 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 surroundingproperty owners within 500 feet of the project site as well as concerned citizens listed on the

Permanent Notification tist At the time of this printing no correspondence either written or

electronic had been received from any members of the public

Conclusion

Based on the analysis provided within this report staff recommends that the Planning Commissionrecommend that the City Council approve General Plan Amendment No 201103 Amendment

Application No 201102 and Variance No 201109as conditioned

GPA No 201103 AA No 201102 VA No 201109

January 23 2012

Page 7

CEQA Anafysis

In accordance with the California Environmental Quality Act the proposed project is exempt fromfurther review pursuant to Section 15303 Class 3 for a project that includes new construction of up to

three single family residences in an urban area Categorical Exemption Environmental Review No

200834 will be filed for this project

Melanie G McCann AICP

Associate Planner

MMjmmm1PiANCOM1gpa1103aa1102va1109113U214thstpC

Attachments

Exhibit 1 General Vicinity MapExhibit 2 Existing Land Use MapExhibit 3 Site Plan

Exhibit 4 Floor PlanExhibit 5 Building ElevationsExhibit 6 Landscape Plan

Exhibit 7 General Plan Land Use MapExhibit 8 Revised Land Use ElementExhibit 9 Zoning Map

Sergio Klotz AIC

Principal Planner

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RESOLUTION NO 2012

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING GENERAL PLAN AMENDMENT

NO 201102FOR THE PROPERTIES LOCATED AT 13021306 AND 1310 EAST FOURTEENTH STREET ANDAPPROVING VARIANCE NO 201109AS CONDITIONEDTO ALLOW A REDUCTION IN THE FRONT YARD

SETBACK FOR THE PROPERTY LOCATED AT 1302

EAST FOURTEENTH STREET

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS

FOLLOWS

Section 1 The City Council of the City of Santa Ana hereby finds determines

and declares as follows

A Applicant is requesting General Plan Amendment No 201103 to amend the

General Plan to change the parcels located at 1302 1305 and 1310 East

Fourteenth Street from General Commercial GC to Low DensityResidential LR7 to allow the construction of a new singlefamily residence

B On January 23 2012 the Planning Commission held a duly noticed publichearing and voted to recommend that the City Council adopt a resolution

approving General Plan Amendment No 201103

C On March 5 2012 the City Council of the City of Santa Ana held a dulynoticed public hearing and at that time considered all testimony written

and oral related to General Plan Amendment No 2019 03

D The Council finds that General Plan Amendment No 201103is consistentwith the General Plan including but not limited to its policies and goals to

preserve existing residential neighborhoods from commercial intrusion and

to encourage the maintenance preservation and upgrade of neighborhoodsand provide additional affordable housing opportunities for the communityIn addition the project will allow for consistency between the two existingsingle family homes and the CitysGeneral Plan land use vision The projectwill also allow the applicant a viable use of his property at 1302 EastFourteenth Street Further the project will preserve and improve the

character of the surrounding neighborhood and travel corridor aesthetics

through the development of the existing vacant site

ReslutionFlo 2012XXX

Page 1 of 6

E The Council finds that the Citysgeneral plan is designed as it must be to

accommodate a wide range of competing interests including those of

developers neighborhoods and homeowners prospective homebuyersenvironmentalists current and prospective business owners jobseekerstaxpayers and providers and recipients of all types of cityprovidedservices and to present a clear and comprehensive set of principles to

guide development decisions The Citys general plan sets forth these

guiding principles Once in place it is the province of this Council to

examine the specifics of a proposed project to determine whether it would

be in harmony with the policies stated in the general plan

F The City Council has weighed and balanced the general plans policiesboth new and ofd and has determined that based upon this balancing thatGeneral Plan Amendment No 201103 is consistent with the purpose of

the general plan

G Applicant is requesting approval of Variance No 201109 to allow a

reduction in the front yard setback for a new single family residence a

1302 East Fourteenth Street

H On January 23 2012 the Planning Commission held a duly noticed publichearing and voted to recommend that the City Council adopt a resolution

approving Variance No 201109

I On March 5 2012 the City Council of the City of Santa Ana held a dulynoticed public hearing and at that time considered all testimony writtenand oral related to Variance No 201909

J Variance No 201109has been filed with the City of Santa Ana seeking to

reduce the required front yard setback for single family residences

Section 41603 of the Santa Ana Municipal Code requires that where

forEy 40 percent or more of the lots any blockare developed with

building the required front yard for any new building or alteration to an

existing building shall be not less than the arithmetical average of the front

yard The prevailing average front yard setback along East FourteenthStreet is 29 feet As proposed the new single family residence will

provide a 244 foot setback along Fourteenth Street

K Santa Ana Municipal Code Section 41638 authorizes the PlanningCommission to grant a variance upon making certain findings

That because of special circumstances applicable to the subjectproperty including size shape topography location ar

surroundings the strict application of the zoning ordinance is foundto deprive the subject property of prlvlleges not otherwise at

variance with the intent and purpose of provisions of this Chapter


Page 2 of6

The project site has a special circumstance related to its

size shape and location The property is located at the

southeast corner of Fourteenth Street and Grand Avenue

The lot size was reduced to413 square feet as a result of

the Santa Ana Freeway I5 Widening Project The

proposed onestory singlefamily residence is well designedand complies with the development standards set forth in

Chapter 41 of the Santa Ana Municipal Code including side

and rear setbacks parking and landscaping

2 That the granting of a variance is necessary for the preservationand enjoyment of one or more substantial property rights

The granting of the variance is necessary for the

preservation and enjoyment of substantial property rightsAllowing the building to be constructed with a reduced front

yard setback will allow the owner the ability to develop the

property with awelldesigned singleamily residence that is

consistent with the SingleFamily Residence R1 zoningdistrict Shifting the structure to comply with the 29 foot

prevailing front setback standard would reduce the feasibilityand livability of the proposed residence which impacts the

property rights of the owner

3 That the granting of a variance will not be materially detrimental to

the public welare or injurious to surrounding property

The granting of the variance will not be materially detrimental

to the public or surrounding properties as the building andsite have been designed to comply with all applicabledevelopment standards except for the front yard setbackThe brick veneer base and entry of the house chimney and

stucco materials as well as the wood window trim and wood

siding accents at the eaves are proposed to enrich the

elevation and be compatible with the existing architectural

style in the adjacent neighborhood

4 That the granting of a variance will not adversely affect the GeneralPlan of the City

Finally the project will not adversely affect the general planas the new single family house is a permitted use in the

proposed Low Density Residential land use designation Irt

addition the project is consistent with several goals and

policies of the General Plan Specifically the Land Use

Element Policy 210 supports new development with is

harmonious in scale and character with the existing


Page 3 of 6

development and Policy 35 encourages new developmentthat is compatible in scale and consistent with the

architectural style and character of the neighborhoodHousing Element Goal 2 seek to provide a diversity of

quality housing affordability levels and living experiencesthat accommodate Santa Anasresidents and workforce ofall household types income levels and age groups to foster

an inclusive community

L In accordance with the California Environmental Quality Act the proposedproject is exempt from further review pursuant to Section 15303 Class 3

for a project that includes new construction of up to three single familyresidences in an urban area Categorical Exemption Environmental

Review No 200834will be filed far this project

Section 2 The City Council hereby approves General Plan Amendment No

201103and Variance No 201109This decision is based upon the evidence submitted

at the above said hearing which includes but is not limited to the Request for Council

Action dated March 5 2012 and exhibits attached thereto and the public testimonywritten and oral all of which are incorporated herein by this reference

ADOPTED this day of 2012

Miguel A Pulido

Mayor

APPROVED AS TO FORM

Joseph A Straka

Interim City Attorney

ByRyan O HodgeAssistant City Attorney


Page 4 of 6

AYES Cauncilmembers

NOES Councilmembers

ABSTAIN Councilmembers

NOT PRESENT Councilmembers


I MARIA D HUIZAR Clerk of the Council do hereby attest to and certify the attachedResolution No 2011XXX to be the original resolution adopted by the City Council of the

City of Santa Ana on

Date

Clerk of the Council

City of Santa Ana

Resoiution No 2012XXX

Page 5 of 6

Conditions for A royal for Variance No 201109

Should the City Council approve Variance No 2011OS the approval is subject to

compliance to the reasonable satisfaction of the Planning Manager with all applicablesections of the Santa Ana Municipal Code the California Administrative Code theCalifornia Building Standards Code and all other applicable regulations

The applicant must comply in full with each and every condition listed below ripor to

exercising the rights conferred by this variance

The applicant must remain in compliance with all conditions listed below throughout the life

of the variance Failure to comply with each and every condition may result in the

revocation of the variance

A Planning Division

1 All proposed improvements must conform to the Site Plan Review appravalof DP No 200806and the staff report exhibits

2 Any amendment a this variance must be submitted to the Planning Division

for review At that time staff will determine if administrative relief is

available or the variance must be amended

3 Landscaping once installed shall be maintained per the approvedlandscape plan After project occupancy landscaping is to be maintainedto include the minimum level of plant materials installed at the time of

occupancy and per the approved plan

Exhibit A


Page 6of 6

ORDINANCE NO NSXXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA ZONING THE PROPERTIES LOCATED AT

1302 1306 AND 1310 EAST FOURTEENTH STREET FROM

ARTERIAL COMMERCIAL C5 TO SINGLEFAMILYRESIDENCE R1 AA NO 201102

THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS

FOLLOWS

Section 1 The City Council of the City of Santa Ana does hereby find determineand declare as follows

A The Applicant is requesting adoption and approval of Amendment

Application No 201102 General Plan Amendment No 201103 andVariance No 201109 to allow the construction of a new singlefamilyresidence at 1302 East Fourteenth Street

B On January 23 2012 the Planning Commission held a duly noticed publichearing and voted to recommend that the City Council

1 Adopt an ordinance approving Amendment Application Nv 201102

2 Adopt a resolution approving General Plan Amendment No 201103

3 Adopt a resolution approving Variance No 201109as conditioned

C Amendment Application No 201102 came before the City Council of the

City of Santa Ana for a duly noticed public hearing on March 5 2012 to

consider all testimony written and oral

D Amendment Application No 201102 has been filed with the City of Santa

Ana to zone the properties located at 1302 1306 and 1310 East FourteenthStreet from Arterial Commercial C5 to SingleFamily Residence R1

E Amendment Application No 201102is consistent with the General Planincluding but not limited to its goals and policies

1 The project will allow for consistency between the two existing singlefamily homes and the CitysGeneral Plan land use vision

2 The project will act to implement the Land Use Element goof of

preserving existing residential neighborhoods from commercialintrusion as welt as the Housing Element goal to encourage the

maintenance preservation and upgrade of neighborhoods and

provide additional affordable housing opportunities for the community

3 The project will allow the applicant a viable use of his property at

1302 East Fourteenth Street

4 The project will preserve and improve the character of the

surrounding neighborhood and travel corridor aesthetics through the

development of the existing vacant site

F The City Council has weighed and balanced the general planspolicies andhas determined that based upan this balancing that the project at 1302 East

Fourteenth Street is consistent with the purpose of the general plan

G The City Council also adopts as findings all facts presented in the Requestfor Council Action dated March 5 2012 accompanying this matter For

these reasons and each of them Amendment Application No 201102is

hereby found and determined to be consistent with the General Plan of the

City of Santa Ana and otherwise justified by the public necessityconvenience and general welfare

H General Plan Amendment No 201103 and Variance No 201109 came

before the City Council on March 5 2012 This ordinance incorporates byreference as though fully set forth herein the General Plan Amendment andVariance in support of this ordinance and the findings made herein

Section 2 The real properties located at 1302 1306 and 1310 East FourteenthStreet are hereby zoned from Arterial Commercial C5 to SingleFamiiy Residence

R1 AA No 201102 This decision is based upan the evidence submitted at the

above said hearing which includes but is not limited to the Request for Council Action

dated March 5 2012 and exhibits attached thereto and the public testimony written and

oral all of which are incorporated herein by this reference

Section 3 if any section subsection sentence clause phrase or portion of thisordinance is for any reason held to be invalid or unconstitutional by the decision of anycourt of competent jurisdiction such decision shall not affect the validity of the remainingportions of this ordinance The City Council of the City of Santa Ana hereby declares that

it would have adopted this ordinance and each section subsection sentence clausephrase or portion thereof irrespective of the fact that any one or more sectionssubsections sentences clauses phrases or portions be declared invalid or

unconstitutional

G1 Ctc jtf - City of Santa Ana · MARIO TURNER PATRICK YRARRAZAVAL STAFF Present KAREN HALUZA...

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Transcript of G1 Ctc jtf - City of Santa Ana · MARIO TURNER PATRICK YRARRAZAVAL STAFF Present KAREN HALUZA...