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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
PUBLISHED IN THE ORANGE COUNTY REPORTER January 13 2012
PUBLICLY NOTICED January 12 2012
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
PUBLISHED IN THE ORANGE COUNTY REPORTER January 13 2012
PUBLICLY NOTICED January 12 2012
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
Planning Commission Minutes Page 2 of 6 December 12 2011
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
Planning Commission Minutes Page 4 of 6 December 12 2019
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
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
specified in Chapter 41 for such use
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
Resolution No 201116
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
Resolution No 201116
Page 7 of7
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
Principal Plan r
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Page 2 of 2
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
specified in Chapter 41 for such use
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
Resolution No 2012XXX
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
CERTIFICATE OF ATTESTATION AND ORIGINALITY
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
Resolution No 2011XXX
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
Resolution No 2012XXX
Page 6 of 6
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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ROH 012312
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
Resolution No 2012XXX
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
Resolution No 2012XXX
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
Resolution No 2012XXX
Page 4 of 6
AYES Cauncilmembers
NOES Councilmembers
ABSTAIN Councilmembers
NOT PRESENT Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
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
Resolution No 2012XXX
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
Recommended