zoned for residential purposes. This request was made prior to recent the zoning ordinance amendments (Noxious Use ordinance), which increased the CUP separation requirement of noxious uses from sensitive receptors from 500 feet to 1,000 feet, adopted by Ordinance No. NS-3044.
Prior Planning Commission Action
At its regular meeting on June 26, 2023, the Planning Commission received a report and staff presentation, as well as public comments, on the subject CUP applications.
Following staff’s presentation, the Planning Commission took comments from the public, including the applicant’s legal counsel, on the proposed project. The Commission voted 5:2 (Ayes: Commissioners Escamilla, Oliva, Woo, Pham, Ramos; Noes: Leo, Benninger) to adopt a resolution denying modification to CUP No. 2019-41 and CUP No. 2023-03.
Appeal Applications
On July 6, 2023, appellant Michael Ayaz, on behalf Fred Cohen with CJC Design, Inc. and Farz, Inc. (Applicants), filed Appeal No. 2023-06, pertaining to the Planning Commission’s denial of the modification to CUP No. 2019-41 and CUP No. 2023-03.
Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, or modify the original decision, and may make any additional determination it shall consider appropriate within the limitations imposed by the SAMC.
DISCUSSION
Project Description
The applicant is proposing to construct a new single-story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880-square-foot fueling canopy with six fueling stations. The site will provide five parking stalls, one handicap parking stall, and twelve fueling parking stalls for a total of eighteen off-street parking spaces, exceeding the required off-street parking spaces by one space. To facilitate access onto the site, an easement has been recorded on an adjacent property to authorize reciprocal vehicle access from Tustin Avenue. Moreover, a new driveway is proposed on the northern portion of the property, adjacent to the Santa Clara Avenue frontage. This driveway will be located within 150 feet from the intersection of Santa Clara and Tustin avenues (Exhibit 5).
The street frontage along Tustin Avenue has been designed in anticipation of a ten-foot dedication to the City to allow for future street improvements along Tustin Avenue. The landscaped area along both street frontages (Tustin and Santa Clara avenues) will meet the minimum 15-foot requirement. The convenience store will operate between the hours of 5:00 a.m. and 12:00 a.m. (midnight) seven days per week. Should the business owner propose to offer additional hours of service for the convenience store, approval of a separate afterhours conditional use permit will be required.
The architecture of the building has been designed to complement the adjacent shopping center to the south. The architecture, earth tone colors, cement plaster finishes, stone City Council 17 – 2 10/3/2023
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veneer, and the Spanish style flat roof blends closely with other buildings seen along the Tustin Avenue corridor (Exhibit 4). Table 2 provides a detailed comparison of the project’s compliance with the applicable development standards.
Table 1: Project Location and Information
Item Information
Project Address & Council Ward 2230 N. Tustin Avenue – Ward 3 Nearest Intersection Tustin Avenue and Santa Clara Avenue General Plan Designation General Commercial (GC)
Zoning Designation Arterial Commercial (C5)
North
East
South Commercial (retail)
Surrounding Land Uses
West Commercial (childcare facility)
Property Size 22,240 SF (0.51 acres)
Existing Site Development The site is currently an undeveloped 22,240 SF vacant lot.
Use Permissions Allowed with approval of a CUP
Zoning Code Sections Affected Uses Section 41-424.5 (f) Operational Standards Section 41-431
Table 2: Development Standards
Standards Required by SAMC Provided
Front Yard 15 Feet Minimum Complies, 15 feet provided
Side Yard (exterior) 15 Feet Minimum Complies, 15 feet provided Side Yard (interior) 0 Feet Minimum Complies, 0 feet provided Rear Yard 0 Feet Minimum Complies, 0 feet provided
Landscape Area 15 Feet Minimum Complies: 15 feet provided Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies, 22,240 sq. ft. and 290 feet
Building Height 35 Feet Minimum Complies, 24 feet and 6 inches Parking 17 18
Floor Area Ratio (FAR) 0.5 FAR Maximum Complies 0.23 FAR Driveways No entry way or exit way shall
be located within 150 feet of any
intersection corner radius
Does not comply; driveway
within 115 feet of the
intersection corner radius
(variance required)
Project Background
The property has been vacant and unimproved for several decades. In 1996, a new service station proposal was submitted to the City but the site was not ultimately developed and remained vacant. A new multi-tenant commercial building was approved for construction in 2007, but the project was never constructed due to economic factors stemming from a subsequent economic recession. On May 26, 2020, the Planning Commission held a public hearing for a proposal of a new service station and associated retail store on the subject site. The Planning Commission approved CUP No. 2019-41 and Variance No. 2019-05 to allow the operation of a service station in the C5 City Council 17 – 3 10/3/2023
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zoning district and to allow the construction of a driveway within 150 feet of an intersection, respectively. Following the Planning Commission’s original approval, the applicant submitted a request to modify the approved project, which necessitated filing of a CUP modification application, as well as the now-required noxious uses CUP application.
For a complete analysis of the project and of the facts substantiating staff’s recommendation of approval to the Planning Commission, please see Exhibit 9.
Planning Commission Determination Supporting Denial
CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP.
Conversely, the inability to make these findings would result in a denial. The following sections discuss the applicant’s request and the Planning Commission’s issues of concerns that led to their decision to deny the project.
Modification to Existing Conditional Use Permit for Service Station Use The applicant is requesting approval of a CUP to allow the operation of a service station. The C5 zoning district allows for a range of commercial uses complementary to arterial roadways such as Tustin Avenue. Service stations in the C5 zoning district require approval of a CUP to ensure high-quality design and site planning that will not disrupt circulation and development patterns along such arterial roadways. The CUP also provides a means to ensure high-quality operations, site circulation, and to mitigate impacts on sensitive neighboring uses. Additionally, the SAMC requires specific standards for service stations, which are listed under Section 41-374.
The proposed site plan relocates the location of the approved fuel canopy from the southwestern end of the site to the northeastern end of the site near the intersection of Tustin Avenue and Santa Clara Street. The relocation of the fuel canopy increases the buffer between the project site and the adjacent school use to the west. The convenience store is proposed to be relocated from the northeastern end of the property to the south western end, adjacent to the western side property line. However, the proposed location of the service station adjacent to a child care facility will contain several negative impacts onto the surrounding community which the redesign of the site does not address.
The Planning Commission found that the applicant’s request for a CUP modification to allow a service station and convenience store will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The location of the proposed service station is within the vicinity of an existing child care facility and a residential neighborhood. The proposed use will introduce potential health impacts to occupants and owners of surrounding properties, including staff and children of the adjacent child care facility. Moreover, the established use of a service station will adversely affect the present economic stability or future economic development of City Council 17 – 4 10/3/2023
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properties surrounding the area as the use will contribute to an increase of traffic in the area and negatively affect business operations of the adjacent child care facility.
Conditional Use Permit for Noxious Uses
In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City has adopted environmental justice policies and actions in its General Plan to amend use regulations and development standards. On December 20, 2022, the City Council adopted an Urgency Ordinance establishing Section 41-199.4 of the SAMC to require a conditional use permit for certain land uses of an industrial nature near sensitive land uses.
Pursuant to Section 41-199.4(a), land uses requiring a permit from a regional, state, or federal permit to handle, store, emit, or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residences are subject to approval of a CUP, which has since been amended to specify applicability to noxious uses within 1,000 feet of these sensitive land uses.
The Planning Commission discussed the need for the applicant to include studies or additional information to help evaluate the potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment, air quality assessment, or noise study should have been provided with the application.
The Commission also found that the applicant’s request for a CUP for a noxious use will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The location of the proposed service station adjacent to a child care facility and residential neighborhood will negatively impact the future health of persons residing and working in the vicinity. Additionally, the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The existence of a service station near a child care facility, including secondary impacts resulting from fueling operations, fuel deliveries, and convenience store deliveries, will create noise and vibration impacts on surrounding properties, including the adjacent child care facility.
General Plan Consistency
In its decision to deny the requested applications, the Planning Commission found that approval of this application will not be consistent with the goals of the General Plan, specifically Goals 1 and 2 of the Land Use Element, Goal 4 of the Mobility Element, Goal 1 of the Conservation Element, and Goal 2 of the Safety Element. The project is located within the General Commercial (GC) land use designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods. The approval of modification to CUP No. 2019-41 and CUP No. 2023- 03 fails to support several policies contained in the General Plan. Goal 1 of the Land City Council 17 – 5 10/3/2023
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Use Element (“LU”) encourages a land use plan that improves quality of life and respects our existing community. Policy 1.1 supports the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed project land use is not compatible with the surrounding community.
Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana’s diverse needs. Policy 2.2 of the Land Use Element encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. The proposed project is located near four other service stations within a half-mile area and will contribute to an overconcentration of the service stations in the area. Policy 2.7 of the Land Use Element supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. The proposed project will contribute negatively to a neighboring existing business. Policy 3.7 of the Land Use Element promotes a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors. The proposed project may also contribute to the increase in presence of the unhoused population in the area and near a child care facility and residences.
Goal 4 of the Mobility Element (“M”) coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Policy 4.9 of the M supports the utilization of land use, building, site planning, and technology solutions to mitigate exposure to transportationrelated air pollution, especially in environmental justice focus areas. The proposed project will contribute negatively to the increase in vehicular traffic in the area.
Goal 1 of the Conservation Element (“CN”) supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. The proposed project will not improve local air quality as the regular operations of a service station are associated with the management of hazardous substances. Policy 1.5 of the Conservation Element encourages the study of impacts of stationary and non-stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks as well as developing and adopting new regulations avoiding the siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. The proposed project does not minimize health and safety risks that can contribute to increased pollution near sensitive receptors. As stated earlier, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment or air quality assessment were not provided with the application.
Goal 2 of the Safety Element (“S”) supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. Policy 2.6 of the Safety Element supports the determination of the presence City Council 17 – 6 10/3/2023
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of hazardous materials and/or waste contamination prior to approval of new uses and require appropriate measures be taken to protect the health and safety of site users and the community. The proposed project will not take appropriate measures to protect the health and safety of the surrounding community. The project, including the proposed reconfiguration of the site, fails to contribute to a stronger protection of local air quality, minimizes environmental impacts associated with the business, and will be detrimental to the existing community.
Appeal Applications
Pursuant to Section 41-645 an appeal from a decision of the Planning Commission can be made by an interested party, individual, or group. An appeal application was received appealing the Planning Commission’s decision to deny modification to CUP No. 2019-41 and CUP No. 2023-03.
The appellant is requesting that the City Council overturn the Planning Commission’s decision and approve modification to CUP No. 2019-41 and CUP No. 2023-03 based on nine factors. These include concerns related to how the Planning Commission public hearing was conducted, General Plan consistency, and concerns regarding State law violations; these nine factors were provided without the benefit of evidence.
As it relates to the concerns about the public hearing process, the Planning Commission held a duly-noticed public hearing on the item in accordance with all SAMC and State requirements, after which it denied the CUP. The Planning Commission agenda packet prepared for the project contained all necessary information for the Planning Commission to evaluate the applicant’s request. The agenda packet is provided as Exhibit 9. A copy of the submitted appeal application is provided as Exhibit 6 attached to this report, and a full response to the nine claims made in Appeal No. 2023-03 is provided as Exhibit 8 attached to this report.
Recommendations to City Council
The City Council has the option to consider any one of the recommended actions presented in the Recommended Actions section of this staff report. The information and analysis contained in this report reflect the Planning Commission’s discussions, concerns, and findings leading to their decision to deny the requested entitlements.
Action No. 1 would uphold the denial as determined by the Planning Commission. The draft denial resolution supporting this action has been included herein as Exhibit 1a.
Staff’s original analysis of the project led to a recommendation to approve the requested entitlements based on the factors presented in the June 26, 2023 Planning Commission staff report (Exhibit 9). This recommendation was based on multiple factors, including the project’s redesign to buffer sensitive land uses from the proposed service station’s fuel pumps, site plan enhancements, and because the project would lead to development of a long-vacant parcel at a key intersection of the City. These factors were also taken into account when the Planning Commission voted to approve the City Council 17 – 7 10/3/2023
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project’s original entitlements on May 26, 2020. As an option for consideration, the City Council may approve the applicant’s appeal and overturn the Planning Commission’s June 26, 2023 decision to deny the project, based on the analysis presented in the June 26, 2023 staff report (Exhibit 9). Action No. 2 would result in approval of the project as originally conditioned by staff. The findings supporting this Action are as contained in the draft resolution included herein as Exhibit 1b.
Alternatively, the City Council may approve the project as originally recommended by staff, also based on the on the analysis presented in the June 26, 2023 staff report, but with modified conditions as determined to be appropriate by the City Council. By following this alternative, Action No. 3, the City Council would find that the project satisfies all five findings of fact enumerated in the draft resolution included herein as Exhibit 1c.
Public Notification and Community Outreach
Public notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1000-foot notification radius map, and the site posting are provided in Exhibit 10.
The property is located within the Meredith Parkwood Neighborhood Association. Staff contacted the representatives of this Neighborhood Association by email and by phone in advance of the City Council hearing on the appeal application. At the time of this report’s printing, no additional concerns were identified.
During the Planning Commission hearing, several community concerns were discussed in regards to toxic fume impacts, traffic impacts, unintended loitering and concern with an increase in the presence of the unhoused population within the area. Moreover, in advance of the Planning Commission hearing, a total of 20 written comments were submitted and are attached to Exhibit 9, the Planning Commission agenda packet for the project.
ENVIRONMENTAL IMPACT
Denial of Appeal No. 2023-06, Action No. 1, would result in upholding the Planning Commission’s June 26, 2023 denial of the requested entitlements, thereby resulting in no project. Therefore, there is no environmental impact associated with Action No. 1.
Approval of Appeal No. 2023-06, thereby resulting in approval of modification to CUP No. 2019-41 and approval of CUP No. 2023-03, Action No(s). 2 or 3, would result in approval of the project entitlements. Therefore, approval of the requested entitlements is subject to the requirements of environmental review by the California Environmental Quality Act (CEQA). In the original analysis based on staff’s recommendation of approval, staff found that pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction or Conversion of Small City Council 17 – 8 10/3/2023
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Structures). This exemption applies to the construction of small structures, which, in urbanized areas, applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site’s location does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project if it is approved by the City Council.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1a. Appeal No. 2023-06, Modification to Conditional Use Permit No. 2019-41, and Conditional Use Permit No. 2023-03 Resolution of Denial 1b. Appeal No. 2023-06, Modification to Conditional Use Permit No. 2019-41, and Conditional Use Permit No. 2023-03 Resolution of Approval as conditioned 1c. Appeal No. 2023-06, Modification to Conditional Use Permit No. 2019-41, and Conditional Use Permit No. 2023-03 Resolution of Approval with modified conditions of approval
2. Vicinity Zoning & Aerial Map
3. Site Photos
4. Architectural Plans
5. Previously-Approved Site Plan
6. Appeal Application
7. Planning Commission Resolution No. 2023-2320 (Denial Resolution)
8. City Response to Blake & Ayaz on behalf of Fred Cohen and Farz Inc. LLC
9. Planning Commission Agenda Packet with Public Comments
10.Copy of Public Notices
Submitted By:
Minh Thai, Executive Director of Planning and Building Agency Approved By:
Kristine Ridge, City Manager
City Council 17 – 9 10/3/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
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. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of modification to Conditional Use Permit (CUP) No. 2019-41 to facilitate the construction of a new service station and convenience store located at 2230 North Tustin Avenue.
B. Applicant is also requesting approval of Conditional Use Permit (CUP) No. 2023-03, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k12) or residential zones in the Arterial Commercial (C5) zoning district at 2230 North Tustin Avenue.
C. Santa Ana Municipal Code (SAMC) Section 41-424.5(f) requires approval of a CUP for service stations within the Arterial Commercial (C5) zoning district.
D. SAMC Section 41-199.4(a) requires a conditional use permit for any use that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances that is located within 500 linear feet of a public park, school (KA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023-
06 AND UPHOLDING THE DETERMINATION OF
THE PLANNING COMMISSION TO DENY A
MODIFICATION TO CONDITIONAL USE PERMIT
NO. 2019-41 TO ALLOW THE CONSTRUCTION OF
A SERVICE STATION, AND TO DENY
CONDITIONAL USE PERMIT NO. 2023-03 FOR A
LAND USE THAT REQUIRES A REGIONAL, STATE,
OR FEDERAL PERMIT TO HANDLE, STORE, EMIT
OR DISCHARGE REGULATED COMPOUNDS,
MATERIALS, CHEMICALS, OR SUBSTANCES
WITHIN 500 LINEAR FEET OF A PUBLIC PARK,
SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE
ARTERIAL COMMERCIAL (C5) ZONING DISTRICT,
FOR THE PROPERTY LOCATED AT 2230 NORTH
TUSTIN AVENUE
City Council 17 – 10 10/3/2023
Resolution No. 2023-XXX
12) as defined in section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes.
E. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site.
F. On December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones to obtain a CUP (Ordinance No. NS-3038).
G. On June 20, 2023, the City Council adopted an ordinance amending various sections of Chapter 41 (Zoning) of the SAMC, which include Section 41- 199.4 Noxious uses, to expand the distance measured from subject properties to the closest point of any public park, school, or property used or zoned for residential purposes from 500 linear feet to 1,000 (Ordinance No. NS-3044).
H. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single-story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations. Based on the date on the application, the project is subject to Ordinance No. NS-3038 and subject to a 500 linear foot separation requirement instead of 1,000 linear feet.
I. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve both CUPs for this project as set forth by the SAMC.
J. On June 26, 2023, the Planning Commission held a duly noticed public hearing for modification to CUP No. 2019-41 and CUP No. 2023-03.
K. At the public hearing, the Planning Commission received a report and staff presentation, as well as public comments, for modification to CUP No. 2019- 41 and CUP No. 2023-03. During the public hearing, representatives of the adjacent property at 2112 East Santa Clara Avenue, as well as community members consisting of residents, representatives and parents of children attending the neighboring child-care facility, spoke in opposition of the project. The comments in opposition were regarding concerns about the potential environmental and operational impacts of the new service station on the surrounding area.
L. After receiving a staff presentation and public comments regarding the changes to the project, the Planning Commission voted to adopt a resolution denying modification to CUP No. 2019 and CUP No. 2023-03, providing two findings for denial pursuant to SAMC Section 41-638. The proposed motion City Council 17 – 11 10/3/2023
Resolution No. 2023-XXX
passed with five votes in favor and two against (Ayes: Commissioners Escamilla, Oliva, Woo, Pham, Ramos, Noes: Leo, Benninger).
M. On July 6, 2023, Michael Ayaz (Appellant) on behalf of Farz, Inc. & Fred Cohen (Applicant), filed Appeal (APPL) No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the SAMC. To support the City’s recommendation to deny the appeal applications and uphold the Planning Commission’s denial of modification to CUP No. 2019-41 and CUP No. 2023-03, the City prepared a response to the comments contained within both appeals, attached to the Request for Council Action (RFCA) staff report, dated October 3, 2023, contained within the report and attached thereto as Exhibit 8.
N. Staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission on the consent calendar of the regularly scheduled August 28, 2023 meeting to affirm the action to deny the subject applications, which took place on June 26, 2023.
O. On October 3, 2023, the City Council held a duly-noticed public hearing on Appeal No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03.
P. The City Council determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Sections 41-638 and 41-645, cannot be established for modification to CUP No. 2019-41 to allow the construction of a new service station and CUP No. 2023-03 to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k-12), or residential zone, at 2230 North Tustin Avenue in the C5 zoning district:
1. That the proposed use will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
The proposed project will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
The location of the proposed service station is within the vicinity of an existing child-care facility and a residential neighborhood.
The proposed use will introduce potential health impacts to occupants and owners of surrounding properties, including staff and children of the adjacent child care facility. As part of the proposal, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical City Council 17 – 12 10/3/2023
Resolution No. 2023-XXX
studies such as a health risk assessment, air quality
assessment, or noise study were not provided with the
application.
These findings support several goals and policies outlined in the General Plan. Goal 1 of the Conservation Element (“CN”) supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change.
The proposed project will not improve local air quality as the regular operations of a service station are associated with the management of hazardous substances. Policy 1.5 of the
Conservation Element encourages the study of impacts of stationary and non-stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks as well as developing and adopting new regulations avoiding the siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. The proposed project does not minimize health and safety risks that can contribute to increased pollution near sensitive receptors. As stated earlier, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment or air quality assessment were not provided with the application.
Goal 2 of the Safety Element (“S”) supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. Policy 2.6 of the Safety Element
supports the determination of the presence of hazardous materials and/or waste contamination prior to approval of new uses and require appropriate measures be taken to protect the health and safety of site users and the community. The proposed project will not take appropriate measures to protect the health and safety of the surrounding community. The project, including the proposed reconfiguration of the site, fails to contribute to a stronger protection of local air quality, minimizes environmental impacts associated with the
business, and will be detrimental to the existing community.
2. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area.
The service station will adversely affect the economic
stability or future economic development of properties in the City Council 17 – 13 10/3/2023
Resolution No. 2023-XXX
surrounding area. The existence of a service station near a child-care facility, including secondary impacts resulting from fueling operations, fuel deliveries, and convenience store deliveries, will create noise and vibration impacts on
surrounding properties, including the adjacent child care facility therefore negatively impacting business operations of the adjacent properties.
These findings support several goals and policies outlined in the General Plan. Goal 1 of the Land Use Element (“LU”) encourages a land use plan that improves quality of life and respects our existing community. Policy 1.1 supports the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed project land use is not compatible with the surrounding community. Goal 2 of the Land Use Element encourages a balance of land uses
that meet Santa Ana’s diverse needs. Policy 2.2 of the Land Use Element encourages a range of commercial uses to
capture a greater share of local spending and offer a range of employment opportunities. The proposed project is
located near four other service stations within a half-mile area and will contribute to an overconcentration of the service stations in the area. Policy 2.7 of the Land Use Element supports land use decisions that encourage the
creation, development, and retention of business in Santa Ana. The proposed project will contribute negatively to a neighboring existing business. Policy 3.7 of the Land Use Element promotes a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors. The
proposed project may also contribute to the increase in presence of the unhoused population in the area and near a child care facility as well as residences.
Goal 4 of the Mobility Element (“M”) coordinates
transportation planning efforts with land use and design strategies that encourage sustainable development and
achieve broader community goals. Policy 4.9 of the Mobility Element supports the utilization of land use, building, site planning, and technology solutions to mitigate exposure to transportation-related air pollution, especially in
environmental justice focus areas. The proposed project will contribute to the increase in vehicular traffic in the area and negatively affect the surrounding businesses.
Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, this project is exempt from further review under Section 15061(b)(4) of the CEQA Guidelines, as the City Council has denied modification to CUP No. 2019-41 and CUP No. 2023-03.
City Council 17 – 14 10/3/2023
Resolution No. 2023-XXX
Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Section 4. The City Council of the City of Santa Ana hereby upholds the determination of the Planning Commission and denies modification to CUP No. 2019-41, denies CUP No. 2023-03, and denies APPL No. 2023-06.
ADOPTED this 3rd day of October 2023 by the following vote.
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTENTIONS: Councilmembers:
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
City Council 17 – 15 10/3/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on October 3, 2023.
Date: ________________ ____________________________________ Jennifer L. Hall
City Clerk
City Council 17 – 16 10/3/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
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. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of modification to Conditional Use Permit (CUP) No. 2019-41 to facilitate the construction of a new service station and convenience store located at 2230 North Tustin Avenue.
B. Applicant is also requesting approval of Conditional Use Permit (CUP) No. 2023-03, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k12) or residential zones in the Arterial Commercial (C5) zoning district at 2230 North Tustin Avenue.
C. Santa Ana Municipal Code (SAMC) Section 41-424.5(f) requires approval of a CUP for service stations within the Arterial Commercial (C5) zoning district.
D. SAMC Section 41-199.4(a) requires a conditional use permit for any use that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances that is located within 500 linear feet of a public park, school (KA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO.
2023-06, THEREBY OVERTURNING THE
DETERMINATION OF THE PLANNING
COMMISSION AND APPROVING A MODIFICATION
TO CONDITIONAL USE PERMIT NO. 2019-41 TO
ALLOW THE CONSTRUCTION OF A SERVICE
STATION, AND APPROVING CONDITIONAL USE
PERMIT NO. 2023-03 FOR A LAND USE THAT
REQUIRES A REGIONAL, STATE, OR FEDERAL
PERMIT TO HANDLE, STORE, EMIT OR
DISCHARGE REGULATED COMPOUNDS,
MATERIALS, CHEMICALS, OR SUBSTANCES
WITHIN 500 LINEAR FEET OF A PUBLIC PARK,
SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE
ARTERIAL COMMERCIAL (C5) ZONING DISTRICT,
FOR THE PROPERTY LOCATED AT 2230 NORTH
TUSTIN AVENUE
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12) as defined in section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes.
E. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site.
F. On December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones to obtain a CUP (Ordinance No. NS-3038).
G. On June 20, 2023, the City Council adopted an ordinance amending various sections of Chapter 41 (Zoning) of the SAMC, which include Section 41- 199.4 Noxious uses, to expand the distance measured from subject properties to the closest point of any public park, school, or property used or zoned for residential purposes from 500 linear feet to 1,000 (Ordinance No. NS-3044). However, as the requested application was submitted prior to this ordinance taking effect, the project is subject to the original 500-foot distance.
H. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single-story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations.
I. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the SAMC.
J. On June 26, 2023, the Planning Commission held a duly noticed public hearing for CUP No. 2019-41-MOD-1 and CUP No. 2023-03.
K. At the public hearing, the Planning Commission received a report and staff presentation, as well as public comments, for modification to CUP No. 2019- 41 and CUP No. 2023-03. During the public hearing, representatives of the adjacent property at 2112 East Santa Clara Avenue, as well as community members consisting of residents, representatives and parents of children attending the neighboring child-care facility, spoke in opposition of the project. The comments in opposition were regarding concerns about the potential environmental and operational impacts of the new service station on the surrounding area.
L. After receiving a staff presentation and public comments regarding the changes to the project, the Planning Commission voted to adopt a resolution denying modification to CUP No. 2019 and CUP No. 2023-03, providing two findings for denial pursuant to SAMC Section 41-638. The proposed motion City Council 17 – 18 10/3/2023
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passed with five votes in favor and two against (Ayes: Commissioners Escamilla, Oliva, Woo, Pham, Ramos, Noes: Leo, Benninger).
M. On July 6, 2023, Michael Ayaz (Appellant) on behalf of Farz, Inc. & Fred Cohen (Applicant), filed Appeal (APPL) No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the SAMC. To support the City’s recommendation to deny the appeal applications and uphold the Planning Commission’s denial of modification to CUP No. 2019-41 and CUP No. 2023-03, the City prepared a response to the comments contained within both appeals, attached to the Request for Council Action (RFCA) staff report, dated October 3, 2023, contained within the report and attached thereto as Exhibit 8.
N. Staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission on the consent calendar of the regularly scheduled August 28, 2023 meeting to affirm the action to deny the subject applications, which took place on June 26, 2023.
O. On October 3, 2023, the City Council held a duly-noticed public hearing on Appeal No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03.
P. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant a modification to CUP No. 2019-41 to allow the construction of a new service station and CUP No. 2023-03 to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k-12), or residential zone, at 2230 North Tustin Avenue in the C5 zoning district:
1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community.
The proposed service station and convenience store will provide a service to persons that are working or residing in the area. The project will redevelop a vacant lot with a new building and enhanced landscaping, which will contribute to the overall aesthetics of the area. This will benefit the community by allowing the construction of an additional service use and retail building on a vacant lot that will provide additional conveniences for residents, visitors, and employees in the vicinity. For context, the two nearest service stations in Santa Ana are located approximately 0.45-miles to the north (Fairhaven and Tustin City Council 17 – 19 10/3/2023
Resolution No. 2023-XXX
avenues) and approximately 0.45-miles to the south (Tustin Avenue and 17th Street). A third service station is located in the City of Tustin, adjacent to the State Route 55 freeway, approximately 0.58-miles to the southeast.
2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
The proposed site plan has been designed to not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Moreover, the use has been comprehensively evaluated pursuant to the City’s zoning ordinance and its noxious uses ordinance, and conditions of approval have been placed to ensure that the use limits impacts related to the following: toxic or noxious fumes; hazardous discharges; glare; electromagnetic disturbances; radiation; smoke; cinders; odors; dust or waste; undue noise or vibration; or other objectionable features that are detrimental to the public health, safety or general welfare, or that are damaging to the physical
environment, neighborhood or community.
The site will propose high-quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the surrounding area.
The fueling canopy is proposed along the northeastern end of the site to distance it from sensitive land uses to the west, reducing the impacts from the standard sources of emissions at service stations (i.e., service station infrastructure and vehicles visiting service stations). Additionally, the location of the convenience store adjacent to the western property acts as a physical barrier between nearby sensitive land uses and the fueling canopy. The closest residential land use is
approximately 120 feet to the west of the site. Therefore, the recurring and predictable sources of emissions would be limited.
Additionally, the service station will utilize the latest technology in full compliance with State laws designed to ensure safe operations of the service station and minimization of emissions of fumes. Conditions of approval has been placed to ensure a reduction in loading and breathing emissions, due fuel tanker truck deliveries and due to excess pressure released from the gas station vent pipe in the form of gasoline vapor emissions. In addition, the applicant through conditions of approval will be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment.
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Due to the site’s location near sensitive land uses such as the adjacent child care facility and residential zones, additional conditions of approval have been included to mitigate any effects from vehicle idling, outdoor displays, onsite lighting, noise, vehicle maintenance, and the installation of temporary equipment. The service station will meet all emissions and airquality requirements set by the California Air Resources Board (CARB). In addition, the site will propose high-quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the
surrounding area. Finally, the Applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts on the sensitive residential land uses. This includes both the fuel pumps and the convenience store.
3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area.
The service station will not adversely affect the economic stability or future economic development of properties in the surrounding area. The service station will replace an existing vacant lot and contribute to the existing local economy by providing a commercial service to residents and visitors, as well as generate added sales tax revenue for the City. As detailed in Finding No. 2 in this Resolution, the use has been designed and conditions of approval have been added to the Conditional Use Permit to ensure the project operates in a manner that eliminates impacts onto surrounding properties and sensitive receptors.
4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use.
The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property, which will ensure that the property and all improvements are properly maintained.
Additionally, the development will also meet sustainability measures pursuant to the California Green Code, such as providing solar photovoltaic panels on the roof and electric vehicle charging stations.
5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use.
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i. The granting of CUP No. 2019-41-MOD-1 and CUP No. 2023- 03 supports and is consistent with several goals and policies contained in the General Plan. Specifically, the application would be consistent with Goals 2, 3, 4 of the Land Use Element (“LU”); Goals 1 and 3 of the Economic Prosperity Element (“EU”); Goal 4 of the Mobility Element (“M”); Goal 1 of the Conservation Element (“CN”); and Goal 2 of the Safety Element (“S”). The project is located within the General Commercial (GC) land use designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of
recreational, cultural, entertainment, employment, and
educational opportunities near established residential
neighborhoods.
Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana’s diverse needs. The project
contributes to Goal 2 of the Land Use Element by providing additional services to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by improving the circulation throughout.
Goal 3 encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. The proposed improvements address Goal 3 of the Land Use Element by preserving the character of the existing commercial area. The scale and massing of the addition is proposed to be compatible and will maintain the current architectural style, which includes an earth tone color palette, stone veneer, smooth stucco finishes, canopies and trim. The project provides a harmonious development and keeps all four corners of the intersection harmonious aesthetically, promoting a clean and safe environment.
Goal 4 supports a sustainable Santa Ana through
improvements to the built environment and a culture of
collaboration. The proposed project supports Goal 4 of the Land Use by supporting a sustainable community by ensuring the project has been designed and conditioned to minimize impacts onto surrounding properties. The project will support
sustainable improvements to the built environment and
encourage land use strategies that reduce the operation impacts of the commercial site. The reconfiguration of the site will additionally contribute to improved living conditions and a City Council 17 – 22 10/3/2023
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healthier environment for the surrounding area by developing the site in a responsible manner.
Goal 1 of the Economic Prosperity Element promotes the
fostering of a dynamic local economy that provides and create employment opportunities for all residents in the City while Goal 3 of the Economic Prosperity Element encourages a businessfriendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. The proposed project will support Goals 1 and 3 of the Economic Prosperity Element and will help the applicant to enhance their business offerings and compete with nearby service stations that offer similar services. Moreover, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area.
Goal 4 of the Mobility Element coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader
community goals. Goal 1 of the Conservation Element supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. Goal 2 of the Safety Element supports the protection of residents and environmental resources from contaminated hazardous
material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. The proposed project will support Goal 4 of the Mobility Element, Goal 1 of the Conservation Element, and Goal 2 of the Safety Element by utilizing land use, design, and sustainable strategies to protect environmental resources and residents. The proposed site configuration contributes to protection of local air quality and minimizes environmental impacts associated with the business.
Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction or Conversion of Small Structures).
This exemption applies to the construction of small structures, which, in urbanized areas, applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site’s location does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project.
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Section 3. The City Council hereby overturns the determination of the Planning Commission and approves Conditional Use Permit Nos. 2019-41-MOD-1 and 2023-03, and denies Appeal Application No. 2023-06.
Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-41-MOD-1 and Conditional Use Permit No. 2023-03, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2230 North Tustin Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to:
the Request for City Council Action dated October 3, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
[Signatures on the following page]
City Council 17 – 24 10/3/2023
Resolution No. 2023-XXX
ADOPTED this 3rd day of October 2023 by the following vote.
AYES: Councilmember:
NOES: Councilmember:
ABSENT: Councilmember:
ABSTENTIONS: Councilmember:
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
City Council 17 – 25 10/3/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on October 3, 2023.
Date: ________________ ____________________________________ Jennifer L. Hall
City Clerk
City Council 17 – 26 10/3/2023
Resolution No. 2023-XXX
EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2019-41-MOD-1 & Conditional Use Permit No. 2023-03
Conditional Use Permit No. 2019-41-MOD-1 and Conditional Use Permit No. 2023-03 for a service station is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations.
The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit(s). Failure to comply with each and every condition may result in the revocation of the conditional use permit.
1. All proposed site improvements must conform to the Development Project Review (DP No. 2021-29) and the staff report exhibits.
2. 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. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City’s Water Efficient Landscape Ordinance. The landscape plans shall note construction of a minimum seven (7) foot tall perimeter wall along the west and southern property lines, except where prohibited by driveways and required landscape setbacks, and shall be coated with anti-graffiti coating.
The landscape plan shall include the installation of vines throughout the perimeter walls and portions of the main building’s exterior with solid voids and no fenestrations.
4. Prior to the issuance of a certificate of occupancy, signs must be installed at both driveway exits to indicate “Right Turn Only”.
5. Prior to issuance of certificate of occupancy, signs shall be installed, following separate Planning Division review and approval, stating that truck drivers shall limit idling of diesel-powered vehicles to less than five minutes in accordance with Title 13 – Section 2485 of the California Code of Regulations.
6. The hours of operation for the convenience store and service station, including fuel pumps, shall be limited to between 5:00 a.m. and 12:00 a.m. (midnight), seven days per week, unless extended by approval of a separate conditional use permit.
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7. Deliveries of goods and services related to items sold inside the convenience store shall not occur between 10:00 p.m. and 7:00 a.m., with fuel deliveries limited to the hours between 6:00 p.m. and 10:00 p.m., daily.
8. The air/water machine must provide an automatic shut-off component to cease operation when the service station, including the convenience store and fuel pumps, is not in operation.
9. The location of the air/water station shall be placed in an area not prominent to the street and shall be screened to the furthest extent possible.
10. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence.
11. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage.
12. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier’s view to the outside.
13. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed.
14. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy.
15. There shall be no coin-operated games maintained on the premises at any time.
16. No pay telephones shall be located on the premises.
17. “No Loitering/Trespass” signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602.
18. The Applicant shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification.
19. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches.
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20. To minimize light intrusion, the use of exterior lighting shall be shielded and/or directed away from adjacent properties.
21. The utilization of outdoor speakers or similar devices onsite are prohibited.
22. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement.
23. At all times, the contact information for a responsible party such as an onsite manager or property manager shall be posted in a prominent location. The minimum information in the posting shall include the individual’s name, title, phone number, and email address, to report any onsite issues 24 hours per day, seven days per week.
24. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request.
25. The sale of alcoholic beverages shall be prohibited, unless extended by approval of a separate conditional use permit.
26. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited.
27. The outdoor storage, sale, or display of natural or propane gas tanks shall be prohibited.
28. The installation of temporary mechanical equipment, tarps, or similar structures shall be reviewed by the Planning Division.
29. The performance of vehicle maintenance such as but not limited to; replacement of belts, hoses, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tune-ups or other minor repairs shall be prohibited.
30. Truck drivers shall limit idling of diesel-powered vehicles to less than five minutes in accordance with Title 13 – Section 2485 of the California Code of Regulations.
31. To the extent feasible, the applicant shall install a vapor processor to manage the pressure of the vapor in a gasoline storage tank to prevent overpressure issues and reduce breathing emissions from the pressure/vent valve. The vapor processors shall be certified by the California Air Resources Board (CARB).
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32. To the extent feasible, the applicant shall utilize cleanest possible equipment during construction (e.g., all construction equipment must meet or exceed CARB-certification standards).
33. The applicant shall be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment.
34. A Property Maintenance Agreement must be recorded against the property prior to issuance of a certificate of occupancy. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following:
(a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.).
(b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses.
(c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable.
(d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable).
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(e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms.
(f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.
(h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.
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RESOLUTION NO. 2023-XXX
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. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of modification to Conditional Use Permit (CUP) No. 2019-41 to facilitate the construction of a new service station and convenience store located at 2230 North Tustin Avenue.
B. Applicant is also requesting approval of Conditional Use Permit (CUP) No. 2023-03, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k12) or residential zones in the Arterial Commercial (C5) zoning district at 2230 North Tustin Avenue.
C. Santa Ana Municipal Code (SAMC) Section 41-424.5(f) requires approval of a CUP for service stations within the Arterial Commercial (C5) zoning district.
D. SAMC Section 41-199.4(a) requires a conditional use permit for any use that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances that is located within 500 linear feet of a public park, school (KA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO.
2023-06, THEREBY OVERTURNING THE
DETERMINATION OF THE PLANNING
COMMISSION AND APPROVING A MODIFICATION
TO CONDITIONAL USE PERMIT NO. 2019-41 TO
ALLOW THE CONSTRUCTION OF A SERVICE
STATION, AND APPROVING CONDITIONAL USE
PERMIT NO. 2023-03 FOR A LAND USE THAT
REQUIRES A REGIONAL, STATE, OR FEDERAL
PERMIT TO HANDLE, STORE, EMIT OR
DISCHARGE REGULATED COMPOUNDS,
MATERIALS, CHEMICALS, OR SUBSTANCES
WITHIN 500 LINEAR FEET OF A PUBLIC PARK,
SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE
ARTERIAL COMMERCIAL (C5) ZONING DISTRICT,
FOR THE PROPERTY LOCATED AT 2230 NORTH
TUSTIN AVENUE
City Council 17 – 32 10/3/2023
Resolution No. 2023-XXX
12) as defined in section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes.
E. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site.
F. On December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones to obtain a CUP (Ordinance No. NS-3038).
G. On June 20, 2023, the City Council adopted an ordinance amending various sections of Chapter 41 (Zoning) of the SAMC, which include Section 41- 199.4 Noxious uses, to expand the distance measured from subject properties to the closest point of any public park, school, or property used or zoned for residential purposes from 500 linear feet to 1,000 (Ordinance No. NS-3044). However, as the requested application was submitted prior to this ordinance taking effect, the project is subject to the original 500-foot distance.
H. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single-story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations.
I. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the SAMC.
J. On June 26, 2023, the Planning Commission held a duly noticed public hearing for CUP No. 2019-41-MOD-1 and CUP No. 2023-03.
K. At the public hearing, the Planning Commission received a report and staff presentation, as well as public comments, for modification to CUP No. 2019- 41 and CUP No. 2023-03. During the public hearing, representatives of the adjacent property at 2112 East Santa Clara Avenue, as well as community members consisting of residents, representatives and parents of children attending the neighboring child-care facility, spoke in opposition of the project. The comments in opposition were regarding concerns about the potential environmental and operational impacts of the new service station on the surrounding area.
L. After receiving a staff presentation and public comments regarding the changes to the project, the Planning Commission voted to adopt a resolution denying modification to CUP No. 2019 and CUP No. 2023-03, providing two findings for denial pursuant to SAMC Section 41-638. The proposed motion City Council 17 – 33 10/3/2023
Resolution No. 2023-XXX
passed with five votes in favor and two against (Ayes: Commissioners Escamilla, Oliva, Woo, Pham, Ramos, Noes: Leo, Benninger).
M. On July 6, 2023, Michael Ayaz (Appellant) on behalf of Farz, Inc. & Fred Cohen (Applicant), filed Appeal (APPL) No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the SAMC. To support the City’s recommendation to deny the appeal applications and uphold the Planning Commission’s denial of modification to CUP No. 2019-41 and CUP No. 2023-03, the City prepared a response to the comments contained within both appeals, attached to the Request for Council Action (RFCA) staff report, dated October 3, 2023, contained within the report and attached thereto as Exhibit 8.
N. Staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission on the consent calendar of the regularly scheduled August 28, 2023 meeting to affirm the action to deny the subject applications, which took place on June 26, 2023.
O. On October 3, 2023, the City Council held a duly-noticed public hearing on Appeal No. 2023-06 for modification to CUP No. 2019-41 and CUP No. 2023-03.
P. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant a modification to CUP No. 2019-41 to allow the construction of a new service station and CUP No. 2023-03 to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k-12), or residential zone, at 2230 North Tustin Avenue in the C5 zoning district:
1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community.
The proposed service station and convenience store will provide a service to persons that are working or residing in the area. The project will redevelop a vacant lot with a new building and enhanced landscaping, which will contribute to the overall aesthetics of the area. This will benefit the community by allowing the construction of an additional service use and retail building on a vacant lot that will provide additional conveniences for residents, visitors, and employees in the vicinity. For context, the two nearest service stations in Santa Ana are located approximately 0.45-miles to the north (Fairhaven and Tustin City Council 17 – 34 10/3/2023
Resolution No. 2023-XXX
avenues) and approximately 0.45-miles to the south (Tustin Avenue and 17th Street). A third service station is located in the City of Tustin, adjacent to the State Route 55 freeway, approximately 0.58-miles to the southeast.
2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
The proposed site plan has been designed to not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Moreover, the use has been comprehensively evaluated pursuant to the City’s zoning ordinance and its noxious uses ordinance, and conditions of approval have been placed to ensure that the use limits impacts related to the following: toxic or noxious fumes; hazardous discharges; glare; electromagnetic disturbances; radiation; smoke; cinders; odors; dust or waste; undue noise or vibration; or other objectionable features that are detrimental to the public health, safety or general welfare, or that are damaging to the physical
environment, neighborhood or community.
The site will propose high-quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the surrounding area.
The fueling canopy is proposed along the northeastern end of the site to distance it from sensitive land uses to the west, reducing the impacts from the standard sources of emissions at service stations (i.e., service station infrastructure and vehicles visiting service stations). Additionally, the location of the convenience store adjacent to the western property acts as a physical barrier between nearby sensitive land uses and the fueling canopy. The closest residential land use is
approximately 120 feet to the west of the site. Therefore, the recurring and predictable sources of emissions would be limited.
Additionally, the service station will utilize the latest technology in full compliance with State laws designed to ensure safe operations of the service station and minimization of emissions of fumes. Conditions of approval has been placed to ensure a reduction in loading and breathing emissions, due fuel tanker truck deliveries and due to excess pressure released from the gas station vent pipe in the form of gasoline vapor emissions. In addition, the applicant through conditions of approval will be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment.
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Resolution No. 2023-XXX
Due to the site’s location near sensitive land uses such as the adjacent child care facility and residential zones, additional conditions of approval have been included to mitigate any effects from vehicle idling, outdoor displays, onsite lighting, noise, vehicle maintenance, and the installation of temporary equipment. The service station will meet all emissions and airquality requirements set by the California Air Resources Board (CARB). In addition, the site will propose high-quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the
surrounding area. Finally, the Applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts on the sensitive residential land uses. This includes both the fuel pumps and the convenience store.
3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area.
The service station will not adversely affect the economic stability or future economic development of properties in the surrounding area. The service station will replace an existing vacant lot and contribute to the existing local economy by providing a commercial service to residents and visitors, as well as generate added sales tax revenue for the City. As detailed in Finding No. 2 in this Resolution, the use has been designed and conditions of approval have been added to the Conditional Use Permit to ensure the project operates in a manner that eliminates impacts onto surrounding properties and sensitive receptors.
4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use.
The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property, which will ensure that the property and all improvements are properly maintained.
Additionally, the development will also meet sustainability measures pursuant to the California Green Code, such as providing solar photovoltaic panels on the roof and electric vehicle charging stations.
5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use.
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Resolution No. 2023-XXX
i. The granting of CUP No. 2019-41-MOD-1 and CUP No. 2023- 03 supports and is consistent with several goals and policies contained in the General Plan. Specifically, the application would be consistent with Goals 2, 3, 4 of the Land Use Element (“LU”); Goals 1 and 3 of the Economic Prosperity Element (“EU”); Goal 1, 4, 5 of the Mobility Element (“M”); Goal 1 and 3 of the Conservation Element (“CN”); and Goal 2 of the Safety Element (“S”). The project is located within the General Commercial (GC) land use designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued
operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods.
Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana’s diverse needs. The project
contributes to Goal 2 of the Land Use Element by providing additional services to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by improving the circulation throughout.
Goal 3 encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. The proposed improvements address Goal 3 of the Land Use Element by preserving the character of the existing commercial area. The scale and massing of the addition is proposed to be compatible and will maintain the current architectural style, which includes an earth tone color palette, stone veneer, smooth stucco finishes, canopies and trim. The project provides a harmonious development and keeps all four corners of the intersection harmonious aesthetically, promoting a clean and safe environment.
Goal 4 supports a sustainable Santa Ana through
improvements to the built environment and a culture of
collaboration. The proposed project supports Goal 4 of the Land Use by supporting a sustainable community by ensuring the project has been designed and conditioned to minimize impacts onto surrounding properties. The project will support
sustainable improvements to the built environment and
encourage land use strategies that reduce the operation impacts of the commercial site. The reconfiguration of the site will additionally contribute to improved living conditions and a City Council 17 – 37 10/3/2023
Resolution No. 2023-XXX
healthier environment for the surrounding area by developing the site in a responsible manner.
Goal 1 of the Economic Prosperity Element promotes the
fostering of a dynamic local economy that provides and create employment opportunities for all residents in the City while Goal 3 of the Economic Prosperity Element encourages a businessfriendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. The proposed project will support Goals 1 and 3 of the Economic Prosperity Element and will help the applicant to enhance their business offerings and compete with nearby service stations that offer similar services. Moreover, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area.
Goal 1 of the Mobility Element supports a comprehensive and multi-modal circulation system that facilitates the safe and efficient movement of people, enhances commerce, and
promotes a sustainable community. Goal 4 of the Mobility Element coordinates transportation planning efforts with land use and design strategies that encourage sustainable
development and achieve broader community goals. Goal 1 of the Conservation Element supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. Goal 2 of the Safety Element supports the protection of residents and environmental
resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. The proposed project will support Goal 4 of the Mobility Element, Goal 1 of the Conservation Element, and Goal 2 of the Safety Element by utilizing land use, design, and sustainable strategies to protect environmental resources and residents. The proposed site configuration contributes to protection of local air quality and minimizes environmental impacts associated with the business.
Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction or Conversion of Small Structures).
This exemption applies to the construction of small structures, which, in urbanized areas, applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site’s location City Council 17 – 38 10/3/2023
Resolution No. 2023-XXX
does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project.
Section 3. The City Council hereby approves Appeal Application No. 2023-06, thereby overturning the determination of the Planning Commission and approves Conditional Use Permit Nos. 2019-41-MOD-1 and 2023-03 with modified Conditions of Approval indicated in Exhibit A.
Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-41-MOD-1 and Conditional Use Permit No. 2023-03, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2230 North Tustin Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to:
the Request for City Council Action dated October 3, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
[Signatures on the following page]
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Resolution No. 2023-XXX
ADOPTED this 3rd day of October 2023 by the following vote.
AYES: Councilmember:
NOES: Councilmember:
ABSENT: Councilmember:
ABSTENTIONS: Councilmember:
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Jose Montoya
Assistant City Attorney
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Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on October 3, 2023.
Date: ________________ ____________________________________ Jennifer L. Hall
City Clerk
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Resolution No. 2023-XXX
EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2019-41-MOD-1 & Conditional Use Permit No. 2023-03
Conditional Use Permit No. 2019-41-MOD-1 and Conditional Use Permit No. 2023-03 for a service station is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations.
The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit(s). Failure to comply with each and every condition may result in the revocation of the conditional use permit.
1. All proposed site improvements must conform to the Development Project Review (DP No. 2021-29) and the staff report exhibits.
2. 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. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City’s Water Efficient Landscape Ordinance. The landscape plans shall note construction of a minimum seven (7) foot tall perimeter wall along the west and southern property lines, except where prohibited by driveways and required landscape setbacks, and shall be coated with anti-graffiti coating.
The landscape plan shall include the installation of vines throughout the perimeter walls and portions of the main building’s exterior with solid voids and no fenestrations.
4. Upon the discretion of the City Council, the Council may impose any additional conditions of approval they see fit such as the following: _____.
5. Prior to the issuance of a certificate of occupancy, signs must be installed at both driveway exits to indicate “Right Turn Only”.
6. Prior to issuance of certificate of occupancy, signs shall be installed, following separate Planning Division review and approval, stating that truck drivers shall limit idling of diesel-powered vehicles to less than five minutes in accordance with Title 13 – Section 2485 of the California Code of Regulations.
7. The hours of operation for the convenience store and service station, including fuel pumps, shall be limited to between 5:00 a.m. and 12:00 a.m. (midnight), City Council 17 – 42 10/3/2023
Resolution No. 2023-XXX
seven days per week, unless extended by approval of a separate conditional use permit.
8. Deliveries of goods and services related to items sold inside the convenience store shall not occur between 10:00 p.m. and 7:00 a.m., with fuel deliveries limited to the hours between 6:00 p.m. and 10:00 p.m., daily.
9. The air/water machine must provide an automatic shut-off component to cease operation when the service station, including the convenience store and fuel pumps, is not in operation.
10. The location of the air/water station shall be placed in an area not prominent to the street and shall be screened to the furthest extent possible.
11. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence.
12. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage.
13. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier’s view to the outside.
14. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed.
15. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy.
16. There shall be no coin-operated games maintained on the premises at any time.
17. No pay telephones shall be located on the premises.
18. “No Loitering/Trespass” signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602.
19. The Applicant shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification.
20. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inches long, in different colors, and in a contrasting City Council 17 – 43 10/3/2023
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color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches.
21. To minimize light intrusion, the use of exterior lighting shall be shielded and/or directed away from adjacent properties.
22. The utilization of outdoor speakers or similar devices onsite are prohibited.
23. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement.
24. At all times, the contact information for a responsible party such as an onsite manager or property manager shall be posted in a prominent location. The minimum information in the posting shall include the individual’s name, title, phone number, and email address, to report any onsite issues 24 hours per day, seven days per week.
25. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request.
26. The sale of alcoholic beverages shall be prohibited, unless extended by approval of a separate conditional use permit.
27. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited.
28. The outdoor storage, sale, or display of natural or propane gas tanks shall be prohibited.
29. The installation of temporary mechanical equipment, tarps, or similar structures shall be reviewed by the Planning Division.
30. The performance of vehicle maintenance such as but not limited to; replacement of belts, hoses, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tune-ups or other minor repairs shall be prohibited.
31. Truck drivers shall limit idling of diesel-powered vehicles to less than five minutes in accordance with Title 13 – Section 2485 of the California Code of Regulations.
32. To the extent feasible, the applicant shall install a vapor processor to manage the pressure of the vapor in a gasoline storage tank to prevent overpressure issues and reduce breathing emissions from the pressure/vent valve. The vapor processors shall be certified by the California Air Resources Board (CARB).
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33. To the extent feasible, the applicant shall utilize cleanest possible equipment during construction (e.g., all construction equipment must meet or exceed CARB-certification standards).
34. The applicant shall be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment.
35. A Property Maintenance Agreement must be recorded against the property prior to issuance of a certificate of occupancy. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following:
(a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.).
(b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses.
(c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable.
(d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable).
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(e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms.
(f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.
(h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.
City Council 17 – 46 10/3/2023
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APPL No. 2023-06, CUP No. 2019-41-MOD-1, and CUP No. 2023-03 – New Service Station 2230 North Tustin Avenue
Exhibit 3 – Site Photo
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DN
MIN THROAT DISTANCE
32' - 6"
LOADING
SPACE
SIGHT
TRIANGLE
SIGHT
TRIANGLE
REMOVE AND REPLACE EXISTING
DRIVEWAY PER CITY STANDARDS.
DRIVEWAY (E) DRIVEWAY APPROACH TO BE
ABANDONED AND REPLACED WITH
SIDEWALK, CURB AND GUTTER PER
CITY STANDARDS.
(E) DRIVEWAY TO BE REMOVED
AND REPLACED PER NEW PUBLIC
WORKS AGENCY STANDARDS
(E) STORM DRAIN MANHOLE
(E) POWER
POLE
CONCRETE SIDEWALK
CONCRETE SIDEWALK
(E) CURB RAMP
TO BE REPLACED - SEE NOTE
-RESTRIPE THE
CROSSWALK.
GRINDING AND CAPPING OF EXISTING AC PAVEMENT CURB
LANE REQUIRED (MIN 2"-3")
9 8 7 6
5 3 2 1
BICYCLE
RACK
12' - 0"
FUEL
STATIONS
CANOPY AREA 2,160 SF
MIN. CANOPY HEIGHT = 15'3"
(>13FT FUEL TRUCK MAX. HEIGHT)
- SEE ELEVATION SHEETS
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O
S
E
S
10' - 0"
10' IRREVOCABLE OFFER OF DEDICATION FOR
FUTURE STREET PURPOSES
LANDSCAPE
LANDSCAPE
15' - 0" 10' - 0"
LANDSCAPE
LANDSCAPE
18' - 0" 4' - 0"
8' - 6" 8' - 6" 8' - 6" 8' - 6" 30' - 0"
5' - 0" 12' - 0"
40' - 0" 6' - 0"
PEDESTRIAN WALKWAY
PEDESTRIAN WALKWAY
PEDESTRIAN WALKWAY
PEDESTRIAN WALKWAY
RETAIL STORE
STORE ENTRANCE
TYPE V CONSTRUCTION
GROUP M OCCUPANCY TYPE
SPRINKLER SYSTEM PROVIDED
FIRST FLOOR 1,952 SF
MEZZANINE 648 SF
TOTAL 2,600 SF
PEDESTRIAN
WALKWAY
SIGHT
TRIANGLE
FUEL TANKS MANHOLE
ø 3' - 6"
PEDESTRIAN WALKWAY
SOLID CMU PERIMETER WALL - 6FT HEIGHT - SPLITFACE LIGHT BROWN TEXTURE SOLID CMU PERIMETER WALL - 2FT HEIGHT - SPLITFACE LIGHT BROWN TEXTURE
STORE ENTRANCE
10' - 0" 24' - 2" 2' - 0"
ROOF LINE
60' - 0"
36' - 0"
5' - 0"
40'x16' MIN TRASH STAGING AREA
- UNLIMITED HEIGHT CLEARANCE -
3' - 6"
GRINDING AND CAPPING OF EXISTING AC PAVEMENT CURB
LANE REQUIRED (MIN 2"-3")
4" MIN. CONCRETE SLAB
IN FRONT OF TRASH ENCLOSURE
TUSTIN AVENUE
SANTA CLARA AVENUE
ADJACENT PROPERTY
ADJACENT PROPERTY
18' - 0"
0' - 0"
PARKING
ISLAND
170' - 0"
150' - 0" 20' - 0"
20' - 0" 112' - 0"
1' - 6"
AIR / WATER
STATION
4 VAN
16' - 0"
40' - 0"
9' - 5"
FULLY
ROOFED
TRASH
ENCLOSURE
4YD 4YD
POLE MOUNTED
LIGHT FIXTURE
POLE
MOUNTED
LIGHT
FIXTURE
POLE
MOUNTED
LIGHT
FIXTURE
WALL
MOUNTED
LIGHT
FIXTURE
WALL
MOUNTED
LIGHT
FIXTURE
25' - 0"
20' - 0"
180°
TRASH
COLLECTION
VEHICLE
15' - 0"
15' - 0"
15' - 0"
15' - 0"
SOLID CMU WALL - 2'3"FT HIGH - SPLITFACE LIGHT BROWN
25' - 0"
25' - 0"
SIGHT
TRIANGLE
*DRIVEWAY IS >10FT
FROM UTILITY FACILITY
CORNER CUT-OFF DEDICATION
FOR STREET PURPOSES
10' IRREVOCABLE OFFER OF
DEDICATION FOR FUTURE STREET
PURPOSES
*REMOVE AND RECONSTRUCT
DAMAGED SIDEWALK PANELS
ALONG THE PROPERTY
FRONTAGE
*REMOVE AND RECONSTRUCT
DAMAGED SIDEWALK PANELS ALONG
THE PROPERTY FRONTAGE
(E) BUS STATION BENCH
(E)TRAFFIC POLE
POWER POLE
TRAFFIC STOP
(E)TREE- TO BE
REMOVED
23' - 5"
21' - 7"
10' - 0"
132' - 0"
A
B
C
D
28' - 0"
11 10
SIGHT
TRIANGLE
15' - 0"
15' - 0" 10' - 0"
15' - 0"
15' - 0"
3' - 0" 39' - 0" 3' - 0"
(E) 2 PARKING STALLS TO BE
REMOVED AND
REPROPOSED AS
ADDITIONAL PARKING 1O
AND 11. THE REPLACEMENT
IS RECORDED BY MEANS OF
EASEMENT AGREEMENT
DATED 07.09.2019.
0' - 10"
BOLLARDS
0' - 10"
(N) ACCESS
DRIVEWAY
FROM
ADJACENT
PROPERTY
27' - 10"
8' - 6"
18' - 0"
60°12' - 8"
BOLLARDS
HVAC LOCATION ON ROOF-DECK
P. LINE
PROPERTY LINE
(EXISTING) PROPERTY LINE
PROPERTY LINE
(E) BUS STOP
SIGN
NO STOPPING
SIGN
100' - 0"
32' - 2"
FREESTANDING SIGN - SEE PAGE A15
AIR / W. MACHINE
23' - 0"
19' - 4"
22' - 3" 20' - 4" 23' - 8"
(N) 24" BOX STREET TREES
(N) 24" BOX STREET TREES
LEGEND
SURFACE TO UNDERGO GRINDING AND CAPPING
PEDESTRIAN WALKWAY
SIDEWALK
LANDSCAPE AREA
9' - 4"
0' - 10"TRANSFORMER
PAD - FULLY
SCREENED
FROM STREET
VIEW
3' - 4" 6' - 0" 7' - 4"
4' - 1" 6' - 0" 7' - 11"
UTILITY SWITCHGEAR
BOX @ GROUND
FLOOR
6' - 5" 2' - 2"
FUEL
DISPENSING
VEHICLE
PROPOSED 6" PVC SEWER LATERAL
PROPOSED SEWER LINE STUB
5' AWAY FROM BUILDING
PROPOSED 1"
WATER LINE
PROPOSED WATER LINE
STUB 5' AWAY FROM
BUILDING
(FUTURE) PROPERTY LINE
16" D.I. WATER LINE
8" V.C.P.SEWER LINE
8" C.I. WATER LINE
60" R.C.P. STORM DRAIN LINE ON TUSTIN AVENUE CENTERLINE 132' - 0"
DRIVEWAY ACCESS THROUGH
ADJACENT PROPERTY AND
RECORDED BY MEANS OF
EASEMENT AGREEMENT DATED
07.09.2019..
6' - 6"6' - 6"
PLACE (N) "RIGHT
TURN ONLY" SIGN
SCALE:
DATE:
DRAWN:
DESIGN & CONSTRUCTION SUPPORT SERVICES
TEL: 310. 562.6427FAX: 213. 835.3865
1557 WESTWOOD BLVD. #145LOS ANGELES, CA 90024
MOBBIL INC. OWNER:
PROJECT:ADDRESS:
SHEET:
OF
REVISIONS BY
WWW.MOBBIL.COM
MANAGEMENT OF
BUILDING,BRIDGES,
INFRASTRUCTURES
& LANDS
1/8" = 1'-0"
A - 03
FARZAN GHADOOSHAHY
Issue Date
S D TUSTIN SERVICE STATION
2230 N TUSTIN AVE. SANTA ANA, CA 92705
SITE PLAN
CALCULATED WASTE AND
RECYCLABLE STORAGE AREA
WASTE STORAGE AREA REQUIRED
94 SF
WASTE STORAGE AREA PROVIDED:
94 SF
(MIN 50% FOR RECYCLABLE
MATERIALS)
N
PARKING CALCULATION
RETAIL STORE GROSS FLOOR AREA
2,600 SF
NUMBER OF PARKINGS REQUIRED:
- RETAIL FACILITY 13
- SUBTRACT FUEL ISLAND
PARKING - 4
TOTAL NUMBER OF PARKINGS
REQUIRED: 9
TOTAL NUMBER OF PARKINGS
PROVIDED: 11
- 8 STANDARD
- 2 STANDARD (REPLACING
REMOVED PARKINGS FROM ADJACENT
LOT)
- 1 ADA VAN ACCESSIBLE
- NO FREE-STANDING SIGNS OR
VISUAL OBSTRUCTIONS HIGHER THAN
2.5' ARE ALLOWED WITHIN THE
DRIVEWAY SIGHT TRIANGLE.
- NO FREE-STANDING SIGNS OR
VISUAL OBSTRUCTIONS HIGHER THAN
2.5' ARE ALLOWED WITHIN THE STREET
CORNER SIGHT TRIANGLE (PER SANTA
ANA MUNICIPAL CODE SECTION 36-45
TO 36-47).
- ABANDONED DRIVEWAYS TO BE
REPLACED WITH SIDEWALK, CURB
AND GUTTER PER CITY
STANDARDS.
- REQUIRED GRINDING AND CAPPING
OF A MINIMUM OF 2"-3" OF THE
EXISTING AC PAVEMENT FOR CURB
LANE ALONG THE PROPERTY
FRONTAGE ON TUSTIN AVENUE AND
SANTA CLARA AVENUE. PAVING MAY
BE REQUIRED DURING STREET
IMPROVEMENT PLAN CHECK IF UTILITY
CUTS ARE NEEDED BEYOND THESE
LIMITS.
-10'-0" RIGHT-OF-WAY IRREVOCABLE
OFFER TO BE DEDICATED TO THE CITY
OF SANTA ANA FOR FUTURE STREET
PURPOSES.
- REMOVE EXISTING 35-FOOT RADIUS
RETURN CURB RAMP AT SOUTHWEST
CORNER BETWEEN TUSTIN AVE AND
SANTA CLARA AVE AND REPLACE WITH
NEW CURB RAMP WITH 25-FOOT
RADIUS RETURN PER CITY
STANDARDS. RESTRIPE THE
CROSSWALK AT THE INTERSECTION. IF
APPLICABLE, INSTALL THE
PEDESTRIAN CALL BUTTON CLOSER
TO THE CURB.
- ALL TRAFFIC IMPACT ANALYSIS (TIA)
RECOMMENDATIONS WILL BE
IMPLEMENTED PRIOR TO THE
BUILDING PERMIT, SOLELY AT THE
DEVELOPER'S EXPENSE.
- INSTALL 24" BOX STREET TREES AT
35' ON CENTER ON TUSTIN AND SANTA
CLARA AVENUES, PER CITY
STANDARDS AND APPROVED PLAN, AS
NEEDED"
- NO FOOD SERVICE ESTABLISHMENT
IS BEING PROPOSED. IF A FOOD
ESTABLISHMENT IS PROPOSED IN THE
FUTURE, IT MUST COMPLY WITH THE
CITY'S ORDINANCE NO. NS 26-70".
- THE BMPs, SHOWN ON THE
APPROVED SITE PLAN ARE ONLY
PRELIMINARY AND WILL BE REVISED
OR MODIFIED AS NECESSARY UPON
COMPLETION OF THE WQMP. PRIOR
TO THE ISSUANCE OF THE GRADING
PERMIT, THE APPROVED
GRADING/UTILITY PLAN SHALL
INCORPORATE ALL REQUIRED
STRUCTURAL BMPs".
- THIS SITE WILL BE DESIGNED AND
CONSTRUCTED IN ACCORDANCE WITH
THE CALIFORNIA REGIONAL WATER
QUALITY CONTROL BOARD SANTA ANA
REGION ORDER NO. R8-2009-0030
DISCHARGE REQUIREMENTS (MS4
PERMIT).
- 45 FT MAX TURNING RADIUS FOR AN
INTERSTATE SEMITRAILER OF LENGTH
69FT.
- PAVING MAY BE REQUIRED DURING
STREET IMPROVEMENT PLAN CHECK
IF UTILITY CUTS ARE NEEDED FOR
NEW UTILITY SERVICE.
- INSTALL STREET LIGHTS ALONG THE
PROPERTY FRONTAGE ON TUSTIN AND
SANTA CLARA AVENUES, PER TYPE OF
LIGHT AND CITY STANDARDS.
TRASH COLLECTION NOTES:
-TRASH COLLECTION TRUCK WITH MIN. TURNING RADIUS OF 42', TRUCK LENGTH OF 36' AND WIDTH OF 9'. FOR FUEL SUPPLY CIRCULATION PATTERN, SEE PAGE T-02. - MINIMUM 40' x 16' WIDE STAGING AREA SHALL BE AVAILABLE ON SERVICE DAYS FROM 6AM TO 6PM; - MINIMUM VERTICAL CLEARANCE OF 25' AT THE STAGING AREA FOR BIN SERVICE CLEARANCE; - MINIMUM 13' VERTICAL CLEARANCE FOR SCOUT TRUCK;
- ALL STAGING AREAS ARE TO BE ONSITE. NO STREET STAGING IS PERMITTED; - ALL DRIVEWAY AND STAGING AREAS MUST BE ABLE TO SUSTAIN A MINIMUM GROSS WEIGHT OF 60,000LBS PER VEHICLE; - MAXIMUM SIZE OF BIN SHALL BE 4 CUBIC YARDS;
NOTE:
• 10'-0" RIGHT-OF-WAY IRREVOCABLE OFFER TO BE DEDICATED TO THE CITY OF SANTA ANA FOR FUTURE STREET PURPOSES.
• 25'x25' CORNER CUT-OFF DEDICATION TO THE CITY OF SANTA ANA FOR STREET PURPOSES. • FOR LIGHTING FIXTURE DETAILS, SEE PAGE A-10.
• TOTAL STREET FRONTAGE IS 290.25FT, PER SAMC SECTION 41-862 ONLY ONE FREESTANDING SIGN IS ALLOWED. (E) PROPERTY LINE
(E) PROPERTY LINE
(E) PROPERTY LINE
(E) PROPERTY LINE
(N) PROPERTY LINE - AFTER DEDICATION
NOTES
NOTES:
1. REFER TO PAGE C-2
TOPOGRAPHYC SURVEY FOR
EXISTING TOPOGRAPHY,
WITHIN THE PUBLIC RIGHT- OF-WAY, ALONG THE
PROPERTY FRONTAGE AND
WITHIN THE PROPERTY
LINES.
2. LOCATION OF EXISTING AND
NEW WET AND DRY UTILITES
SHOWN ON PAGE C-3 & C-4.
3. REFER TO PAGE C-4 FOR
PROPOSED SITE DRAINAGE
PLANS.
4. EASEMENT AGREEMENTS
FOR PARKING 10,11 AND
DRIVEWAY ACCESS FROM
ADJACENT PROPERTIES WILL
BE SUBMITTED AS SEPARATE
FOLDER TO THE CITY.
18" R.C.P. STORM DRAIN LATERAL
City Council 17 – 78 10/3/2023
City Council 17 – 79 10/3/2023
City Council 17 – 80 10/3/2023
City Council 17 – 81 10/3/2023
City Council 17 – 82 10/3/2023
City Council 17 – 83 10/3/2023
Resolution No. 2023-20
RESOLUTION NO. 2023-20
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows:
A. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of modification to Conditional Use Permit (CUP) No. 2019-41 to facilitate the construction of a new service station and convenience store located at 2230 North Tustin Avenue.
B. Applicant is also requesting approval of Conditional Use Permit (CUP) No. 2023-03, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k12) or residential zones in the Arterial Commercial (C5) zoning district at 2230 North Tustin Avenue.
C. Santa Ana Municipal Code (“SAMC”) Section 41-424.5(f) requires approval of a CUP for service stations within the Arterial Commercial (C5) zoning district.
D. Santa Ana Municipal Code (“SAMC”) Section 41-199.4(a) requires a conditional use permit for any use that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances that is located within 500 linear feet of a public park, school (K-12) as defined in section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA DENYING
MODIFICATION TO CONDITIONAL USE PERMIT
NO. 2019-41 TO ALLOW THE CONSTRUCTION OF
A SERVICE STATION, AND DENYING
CONDITIONAL USE PERMIT NO. 2023-03 FOR A
LAND USE THAT REQUIRES A REGIONAL, STATE,
OR FEDERAL PERMIT TO HANDLE, STORE, EMIT
OR DISCHARGE REGULATED COMPOUNDS,
MATERIALS, CHEMICALS, OR SUBSTANCES
WITHIN 500 LINEAR FEET OF A PUBLIC PARK,
SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE
ARTERIAL COMMERCIAL (C5) ZONING DISTRICT,
FOR THE PROPERTY LOCATED AT 2230 NORTH
TUSTIN AVENUE
City Council 17 – 84 10/3/2023
Resolution No. 2023-20
E. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site.
F. On December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones to obtain a CUP (Ordinance No. NS-3038).
G. On June 20, 2023, the City Council adopted an ordinance amending various sections of Chapter 41 (Zoning) of the SAMC, which include Section 41- 199.4 Noxious uses, to expand the distance measured from subject properties to the closest point of any public park, school, or property used or zoned for residential purposes from 500 linear feet to 1,000 (Ordinance No. NS-3044).
H. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single-story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations. Based on the date on the application, the project is subject to Ordinance No. NS-3038 and subject to a 500 linear foot separation requirement instead of 1,000 linear feet.
I. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve both CUPs for this project as set forth by the SAMC.
J. On June 26, 2023, the Planning Commission held a duly noticed public hearing for modification to CUP No. 2019-41 and CUP No. 2023-03.
K. At the public hearing, the Planning Commission received a report and staff presentation, as well as public comments, for modification to CUP No. 2019- 41 and CUP No. 2023-03. During the public hearing, representatives of the adjacent property at 2112 East Santa Clara Avenue, as well as community members consisting of residents, representatives and parents of children attending the neighboring child-care facility, spoke in opposition of the project. The comments in opposition were regarding concerns about the potential environmental and operational impacts of the new service station on the surrounding area.
L. After receiving a staff presentation and public comments regarding the changes to the project, the Planning Commission voted to adopt a resolution denying modification to CUP No. 2019-41 and CUP No. 2023-03, providing two findings for denial pursuant to SAMC Section 41-638. The proposed motion passed with five votes in favor and two against.
City Council 17 – 85 10/3/2023
Resolution No. 2023-20
M. Staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission on the consent calendar of the regularly scheduled August 28, 2023 meeting to affirm the action to deny the subject applications, which took place on June 26, 2023.
N. The Planning Commission determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Sections 41-638 and 41-645, cannot be established for modification to CUP No. 2019-41 to allow the construction of a new service station and CUP No. 2023-03 to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k12), or residential zone, at 2230 North Tustin Avenue in the C5 zoning district:
1. That the proposed use will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
The proposed project will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
The location of the proposed service station is within the vicinity of an existing child-care facility and a residential neighborhood.
The proposed use will introduce potential health impacts to occupants and owners of surrounding properties, including staff and children of the adjacent child care facility. As part of the proposal, potential impacts onto surrounding properties, including the adjacent child care facility, from health risks, air quality, and noise were not addressed or evaluated to the satisfaction of the Planning Commission, and the proposed project modification does not contribute to enhancement that addresses these topics.
These findings support several goals and policies outlined in the General Plan. Goal 1 of the Conservation Element (“CN”) supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change.
The proposed project will not improve local air quality as the regular operations of a service station are associated with the management of hazardous substances. Policy 1.5 of the
Conservation Element encourages the study of impacts of stationary and non-stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks as well as developing and adopting new regulations avoiding the siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. The proposed project does not minimize health and safety risks that can contribute City Council 17 – 86 10/3/2023
Resolution No. 2023-20
to increased pollution near sensitive receptors. As stated earlier, as part of the proposal, potential impacts onto surrounding properties, including the adjacent child care facility, from health risks, air quality, and noise were not addressed or evaluated to the satisfaction of the Planning Commission.
Goal 2 of the Safety Element (“S”) supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. Policy 2.6 of the Safety Element
supports the determination of the presence of hazardous materials and/or waste contamination prior to approval of new uses and require appropriate measures be taken to protect the health and safety of site users and the community. The proposed project will not take appropriate measures to protect the health and safety of the surrounding community. The project, including the proposed reconfiguration of the site, fails to contribute to a stronger protection of local air quality, minimizes environmental impacts associated with the
business, and will be detrimental to the existing community.
2. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area.
The service station will adversely affect the economic stability or future economic development of properties in the
surrounding area. The existence of a service station near a child-care facility, including secondary impacts resulting from fueling operations, fuel deliveries, and convenience store deliveries, will create noise and vibration impacts on
surrounding properties, including the adjacent child care facility therefore negatively impacting business operations of the adjacent properties.
These findings support several goals and policies outlined in the General Plan. Goal 1 of the Land Use Element (“LU”) encourages a land use plan that improves quality of life and respects our existing community. Policy 1.1 supports the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed project land use is not compatible with the surrounding community. Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana’s diverse needs. Policy 2.2 of the Land Use Element encourages a range of commercial uses to capture a greater share of local spending and offer a range of
employment opportunities. The proposed project is located City Council 17 – 87 10/3/2023
Resolution No. 2023-20
near four other service stations within a half-mile area and will contribute to an overconcentration of the service stations in the area. Policy 2.7 of the Land Use Element supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. The proposed project will contribute negatively to a neighboring existing business.
Policy 3.7 of the Land Use Element promotes a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors. The proposed project may also contribute to the increase in presence of the unhoused population in the area and near a child care facility as well as residences.
Goal 4 of the Mobility Element (“M”) coordinates
transportation planning efforts with land use and design strategies that encourage sustainable development and
achieve broader community goals. Policy 4.9 of the Mobility Element supports the utilization of land use, building, site planning, and technology solutions to mitigate exposure to transportation-related air pollution, especially in
environmental justice focus areas. The proposed project will contribute to the increase in vehicular traffic in the area and negatively affect the surrounding businesses.
Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing on June 26, 2023, hereby denies modification to CUP No. 2019-41, and denies CUP No. 2023-03.
City Council 17 – 88 10/3/2023
Resolution No. 2023-20
ADOPTED this 26th day of June 2023 by the following vote.
AYES: Commissioners: Carl Benninger, Manuel J. Escamila, Christopher Leo, Jennifer Oliva, Bao Pham, Isuri Ramos, Alan
Woo (7)
NOES: Commissioners: (0)
ABSENT: Commissioners: (0)
ABSTENTIONS: Commissioners: (0)
_______________________
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Chief Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 26, 2023.
Date: ________________ ____________________________________ Nuvia Ocampo
Recording Secretary
9/26/2023
City Council 17 – 89 10/3/2023
City Response to Blake & Ayaz on behalf of Fred Cohen and Farzi Inc. LLC Appeal No. 2023-06
Exhibit 8
Comment 1: This comment states that the Planning Commission’s decision does not support the findings required to deny a Conditional Use Permit (CUP).
Response 1: During the meeting, the Planning Commission verbally provided multiple findings as required by SAMC Section 41-638 to deny modification to CUP No. 2019-41 and CUP No. 2023-03. The findings presented by the commission include the following:
• The Planning Commission determined the proposed project was unable to support Finding No. 2 outlined in Section 41-638(a)(1)(ii) of the SAMC, that the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Planning Commission found that the proposed project could not definitively determine the environmental impact on the health of the surrounding community. Multiple General Plan goals and policies support this inability to make this finding.
Goal 1 of the Conservation Element (“CN”) supports the protection of air resources, improved regional and local air quality, and the reduced impacts of climate change.
The proposed project will not improve local air quality as the regular operations of a service station are associated with the management of hazardous substances.
Policy 1.5 of the Conservation Element encourages the study of impacts of stationary and non-stationary emission sources on existing and proposed sensitive uses, and opportunities to minimize health and safety risks as well as developing and adopting new regulations that avoid siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. The proposed project does not minimize health and safety risks that can contribute to increased pollution near sensitive receptors. The applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment or air quality assessment were not provided with the application.
Goal 2 of the Safety Element (“S”) supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. Policy 2.4 of the Safety Element supports the identification of the hazardous materials and/or waste contamination prior to approval of new uses and require appropriate measures be taken to protect the health and safety of site users and the community. The proposed project will not take appropriate measures to protect the health and safety of the surrounding community. The project, including the proposed reconfiguration of the site, fails to contribute to a stronger protection of local air quality, minimizes environmental impacts associated with the business, and will be detrimental to the existing community.
• The Planning Commission determined the proposed project was unable to establish Finding No. 3 outlined in Section 41-638(a)(1)(iii) of the SAMC, that the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The Planning Commission found that the proposed project would negatively impact the economic stability and future development of adjacent properties of the surrounding area. Specifically, the proposed project would impact the City Council 17 – 90 10/3/2023
City Response to Blake & Ayaz on behalf of Fred Cohen and Farzi Inc. LLC Appeal No. 2023-06
Exhibit 8
long-term operations of the adjacent child-care facility by the impact of increased traffic congestion, management of toxic substances onsite, and increase in the presence of members of the unhoused population. Multiple General Plan goals and policies support this inability to make this finding. Modified conditions of approval that can address this inability to meet this finding may be included upon the discretion of the City Council which support consistency with goals and policies of the General Plan.
Goal 1 of the Land Use Element (“LU”) encourages a land use plan that improves quality of life and respects our existing community. Policy 1.1 supports the compatibility between land uses to enhance livability and promote healthy lifestyles. The proposed project land use is not compatible with the surrounding community as it is adjacent to sensitive land uses such as a child-care facility and near residential uses. Goal 2 of the Land Use Element encourages a balance of land uses that meet Santa Ana’s diverse needs. Policy 2.2 of the Land Use Element encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. The proposed project is located near four other service stations within a half-mile area and will contribute to an overconcentration of the service stations in the area. Policy 2.7 of the Land Use Element supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. The proposed project will contribute negatively to a neighboring existing business. Policy 3.7 of the Land Use Element promotes a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors. The proposed project may also contribute to the increase in presence of the unhoused population in the area and near a child care facility as well as residences.
Goal 4 of the Mobility Element (“M”) coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Policy 4.9 of the Mobility Element supports the utilization of land use, building, site planning, and technology solutions to mitigate exposure to transportation-related air pollution, especially in environmental justice focus areas. The proposed project will contribute to the increase in vehicular traffic in the area and negatively affect the surrounding businesses.
Comment 2: This comment states that the Planning Commission relied on facts not supported in the record.
Response 2: The Planning Commission, during the meeting, reviewed the staff report and expressed concern that report did not include information such as data-proven metrics that would indicate the proposed project would not be detrimental to the surrounding community. Moreover, several community members spoke during the public hearing, at which concerns were raised with the proposed project. Concerns regarding the station’s health, economic, traffic, and safety impact on the adjacent child care facility neighborhood were discussed. Other concerns regarding overconcentration of service stations and the long-term effect of the permanent presence of the unhoused population in the area. Lastly, as part of the proposal, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment, air quality assessment, or noise study were not provided with the application.
City Council 17 – 91 10/3/2023
City Response to Blake & Ayaz on behalf of Fred Cohen and Farzi Inc. LLC Appeal No. 2023-06
Exhibit 8
Comment 3: This comment states that the manner in which the Planning Commission conducted the hearing and the actions of several planning commissioners violated the Brown Act, Santa Ana Municipal Code and various legal binding precedents of state and federal courts.
Response 3: The Planning Commission public hearing was held in accordance with the Brown Act, Santa Ana Municipal Code, and all applicable State laws. Moreover, the appellant did not identify or reference what City/State codes or legal court cases were violated to support the comment.
Comment 4: This comment states that procedural errors including but not limited to requiring the applicant file an appeal without providing written determination of the City’s decision, to include factual analysis and/or findings.
Response 4: The Planning Commission provided verbal determination on the findings of denial, as supported in the record. Additionally, a full recording of the meeting is publicly accessible via the City’s website and was posted online the next business day.
Comment 5: This comment states that the Planning Commission’s decision was not based on land use principals or laws.
Response 5: The Planning Commission’s decision was based on required land use standards outlined in the SAMC, which are required to be made to support granting of a conditional use permit application. This comment is similar to comment 1. See Response 1. Lastly, the appellant did not identify or reference any specific standards in the appeal application.
Moreover, on the October 3rd City Council meeting, staff presented three recommendations for the council to consider. Action No. 1, original analysis of the project led to a recommendation to approve the requested entitlements based on the factors presented in the June 26, 2023 Planning Commission staff report (Exhibit 9). Action No. 2, the City Council may approve the applicants appeal and overturn the Planning Commission’s June 26, 2023 decision to deny the project, based on the analysis presented during the June 26, 2023 staff report (Exhibit 9). Action No. 3, the City Council may approve the project as originally recommended by staff, but with modified conditions set forth by the discretion of the City Council which are consistent with goals and policies outlined in the General Plan.
Comment 6: This comment claims that the Planning Commission failed to consider the applicant’s testimony and evidence, and the commissioner’s decision was predetermined before the meeting was held.
Response 6: The appellant was given up to 15 minutes to speak during the meeting and was allowed to respond to several questions the commissioners and public posed regarding the project. The appellant does not provide any further justification for the claim of predetermined decisions. No written communication or other evidence has been provided to support this claim.
Comment 7: This comment states that Planning Commission failed in their duty to remain neutral unbiased in decision making.
City Council 17 – 92 10/3/2023
City Response to Blake & Ayaz on behalf of Fred Cohen and Farzi Inc. LLC Appeal No. 2023-06
Exhibit 8
Response 7: This claim is similar to that made in Comment No. 6. No evidence claiming otherwise was provided.
Comment 8: This comment states that the Planning Commission reviewed no evidence either substantial or circumstantial to support their decision to deny the applicant’s application.
Response 8: The Planning Commission provided verbal comment that the provided staff report was insufficient in providing verified metric studies conducted by the applicant to ensure the site could mitigate the effects of regular operations of the service station on the surrounding community. Moreover, several community members spoke during the public hearing, at which concerns were raised with the proposed project. Concerns regarding the station’s health, economic, traffic, and safety impact on the adjacent child-care facility and neighborhood were discussed. Other concerns regarding overconcentration of service stations and the long-term effect of the permanent presence of the unhoused population in the area. Lastly, as part of the proposal, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment, air quality assessment, or noise study were not provided with the application.
Comment 9: This comment claims that the Planning Commission provided no written determination/decision which as of the date of filing had not been provided to the application.
Response 9: This comment is similar to comment 4. The Planning Commission’s determination was supported by the making of two findings, which were verbally mentioned in the record.
Additionally, the recording of the commission’s determination/decision is publicly available via the city’s website the following day. The Planning Commission voted 5:2 to approve the denial of modification to CUP No. 2019-41 and CUP No. 2023-03. On the regularly scheduled August 28, 2023 Planning Commission meeting, staff prepared a resolution for denial of modification to CUP No. 2019-41 and CUP No. 2023-03 for consideration by the Planning Commission to affirm the action to deny the subject applications, which took place on June 26, 2023.
City Council 17 – 93 10/3/2023
Planning and Building Agency
Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Planning Commission Staff Report
June 26, 2023
Topic: CUP No. 2019-41-MOD-1 and CUP No. 2023-03 – New Service Station at 2230 N. Tustin Avenue
RECOMMENDED ACTION
1. Adopt a resolution approving Conditional Use Permit No. 2019-41-MOD-1 as conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 2023-03 as conditioned.
EXECUTIVE SUMMARY
Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of a Conditional Use Permit (CUP) modification and a new CUP to facilitate construction of a new service station and convenience store located at 2230 N. Tustin Avenue. The applicant is requesting a CUP Modification pursuant to Section 41-424.5 (f) of the Santa Ana Municipal Code (SAMC) to allow a service station in the Arterial Commercial (C5) zoning district, and a Conditional Use Permit pursuant to Section 41-199.4 (a) to allow the operation of a land use that requires a permit from a regional, state, or federal agency to handle, store, emit, or discharge regulated compounds, materials, chemicals, or substances located within 500 linear feet of a public park, school (K-12) or property zoned for residential purposes.
With this entitlement request, the applicant will be amending previously-approved CUP No. 2019-41. Effective December 20, 2022, a CUP is required for land uses that require a permit from a regional, state, or federal agency to operate, handle, or discharge regulated pollutants within 500 linear feet of a public park, school (K-12), or residential zones. As proposed, the project is requesting approval of a land use that would require the above-mentioned permits. Therefore, the applicant is applying for CUP No. 2023-03.
Staff is recommending approval of the applicant’s request as the proposed project will create a cohesive commercial development and provide additional services to residents, workers, and visitors in the area, while conditions of approval will reduce impacts onto surrounding properties.
6/26/2023
Planning Commission 1 – 1
City Council 17 – 94 10/3/2023
CUP No. 2019-41-MOD-1 & CUP No. 2023-03 – Tustin Avenue Service Station June 26, 2023
DISCUSSION
Project Description
The site was originally entitled for a new two-story, 2,600-square-foot commercial building with a first floor convenience store and office area on the second floor, as well as a 2,160- square-foot fueling canopy with eight fueling stations. The applicant is proposing modifications to the original CUP entitlement to allow construction of a new single-story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations.
The site will provide five parking stalls, one handicap parking stall, and twelve fueling parking stalls for a total of eighteen off-street parking spaces, exceeding the required off-street parking spaces by one space. To facilitate access onto the site, an easement has been recorded on an adjacent property to authorize reciprocal vehicle access from Tustin Avenue.
Moreover, a new driveway is proposed on the northern portion of the property, adjacent to the Santa Clara Avenue frontage. This driveway will be located within 150 feet from the intersection of Santa Clara and Tustin avenues (Exhibit 5). The street frontage along Tustin Avenue has been designed in anticipation of a ten-foot dedication to the City to allow for future street improvements along Tustin Avenue. The landscaped area along both street frontages (Tustin and Santa Clara avenues) will meet the minimum 15-foot requirement.
The convenience store will operate between the hours of 5:00 a.m. and 12:00 a.m. (midnight) seven days per week. Should the business owner propose to offer additional hours of service for the convenience store, approval of a separate afterhours conditional use permit will be required.
The architecture of the building has been designed to complement the adjacent shopping center to the south. The architecture, earth tone colors, cement plaster finishes, stone veneer, and the Spanish style flat roof, blends closely with other buildings seen along the Tustin Avenue corridor (Exhibit 5). Table 2 provides a detailed comparison of the project’s compliance with the applicable development standards.
Table 1: Project Location and Information
Item Information
Project Address & Council Ward 2230 N. Tustin Avenue – Ward 3 Nearest Intersection Tustin Avenue and Santa Clara Avenue General Plan Designation General Commercial (GC)
Zoning Designation Arterial Commercial (C5)
North
East
South Commercial (retail)
Surrounding Land Uses
West Commercial (childcare facility)
Property Size 22,240 SF (0.51 acres)
Existing Site Development The site is currently an undeveloped 22,240 SF vacant lot.
Use Permissions Allowed with approval of a CUP
6/26/2023
Planning Commission 1 – 2
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CUP No. 2019-41-MOD-1 & CUP No. 2023-03 – Tustin Avenue Service Station June 26, 2023
Item Information
Zoning Code Sections Affected Uses Section 41-424.5 (f) Operational Standards Section 41-431
Table 2: Development Standards
Standards Required by SAMC Provided
Front Yard 15 Feet Minimum Complies, 15 feet provided
Side Yard (exterior) 15 Feet Minimum Complies, 15 feet provided Side Yard (interior) 0 Feet Minimum Complies, 0 feet provided Rear Yard 0 Feet Minimum Complies, 0 feet provided
Landscape Area 15 Feet Minimum Complies: 15 feet provided Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies, 22,240 sq. ft. and 290 feet
Building Height 35 Feet Minimum Complies, 24 feet and 6 inches Parking 17 18
Floor Area Ratio (FAR) 0.5 FAR Maximum Complies 0.23 FAR Driveways No entry way or exit way shall
be located within 150 feet of any
intersection corner radius
Does not comply; driveway
within 115 feet of the
intersection corner radius
(variance required)
Project Background
The property has been vacant and unimproved for several decades. In 1996, a new service station proposal was submitted to the City but the site was not ultimately developed and remained vacant. A new multi-tenant commercial building was approved for construction in 2007, but the project was never constructed due to economic factors stemming from a subsequent economic recession. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for a proposal of a new service station and associated retail store on the subject site. The Planning Commission approved CUP No. 2019-41 and Variance No. 2019-05 to allow the operation of a service station in the C5 zoning district and to allow the construction of a driveway within 150 feet of an intersection, respectively.
Since then, the applicant has proposed major revisions to the project, which would require a modification to approved CUP No. 2019-41. Moreover, on December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12) or residential zones to obtain a conditional use permit. The installation of the underground fuel tank would require a permit from an external public agency. As such, the applicant is requesting a secondary conditional use permit as part of this application. 6/26/2023
Planning Commission 1 – 3
City Council 17 – 96 10/3/2023
CUP No. 2019-41-MOD-1 & CUP No. 2023-03 – Tustin Avenue Service Station June 26, 2023
Project Analysis
CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial.
Modification of Conditional Use Permit for Service Station Use The applicant is requesting approval of a CUP to allow the operation of a service station.
The C5 zoning district allows for a range of commercial uses complementary to arterial roadways such as Tustin Avenue. Service stations in the C5 zoning district require approval of a CUP to ensure high-quality design and site planning that will not disrupt circulation and development patterns along such arterial roadways. The CUP also provides a means to ensure high-quality operations, site circulation, and to mitigate impacts on sensitive neighboring uses. Additionally, the SAMC requires specific standards for service stations, which are listed under Section 41-374. The City has reviewed the proposal to develop the site with a service station and has determined the project meets all SAMC development standards and Citywide Design Guidelines.
The proposed site plan relocates the location of the approved fuel canopy from the southwestern end of the site to the northeastern end of the site near the intersection of Tustin Avenue and Santa Clara Street. The relocation of the fuel canopy increases the buffer between the project site and the adjacent school use to the west. The convenience store is proposed to be relocated from the northeastern end of the property to the south western end, adjacent to the western side property line. The convenience store and fuel canopy have been redesigned with high-quality architecture utilizing a combination of exterior materials and treatments. Architectural treatments such as stone & wood veneers, score lines, roof cornices, and decorative overhangs have been included in the overall design. This design is aesthetically harmonious and will be a complementary to the architecture of the surrounding developments. The relocation of the fuel canopy and convenience store will not create a negative visual impact onto surrounding properties.
Moreover, any impacts stemming from operation of the service station, such as lighting and noise, will be addressed by the conditions of approval recommended for the project.
The applicant’s request for a CUP to allow a service station and convenience store will provide an added amenity to the property, for the employees who work in the vicinity and for the residents who live in the general area. In addition, the new use will activate the street corner and generate property and sales tax revenue for the City. The project will redevelop a vacant lot with a new building and enhanced landscaping, which will contribute to the overall aesthetics of the area. This will benefit the community by allowing the construction of an additional service use and retail building on a vacant lot that will provide additional conveniences for residents, visitors, and employees in the vicinity. For context, the two nearest service stations in Santa Ana are located approximately 0.45- miles to the north (Fairhaven and Tustin avenues) and approximately 0.45-miles to the 6/26/2023
Planning Commission 1 – 4
City Council 17 – 97 10/3/2023
CUP No. 2019-41-MOD-1 & CUP No. 2023-03 – Tustin Avenue Service Station June 26, 2023
south (Tustin Avenue and 17th Street). A third service station is located in the City of Tustin, adjacent to the State Route 55 freeway, approximately 0.58-miles to the southeast.
The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. Conditions of approval have been added to ensure the operations do not negatively affect any surrounding uses and to require a property maintenance agreement be recorded against the property, which will ensure that the property and all improvements are properly maintained. Additionally, the development will also meet sustainability measures pursuant to the California Green Code, such as providing solar photovoltaic panels on the roof and electric vehicle charging stations. Finally, the applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts to the sensitive residential land uses.
Conditional Use Permit for Noxious Uses
In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, parks, the City has adopted environmental justice policies and actions in its General Plan to amend use regulations and development standards. On December 20, 2022, the City Council adopted an Urgency Ordinance establishing Section 41-199.4 of the SAMC to require a conditional use permit for certain land uses of an industrial nature near sensitive land uses. Pursuant to Section 41-199.4(a), land uses requiring a permit from a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12) or residences are subject to approval of a CUP, which has since been amended to specify applicability to noxious uses within 1,000 feet of these sensitive land uses.
The applicant’s request for a CUP for a noxious use will not pose a significant environmental risk to the surrounding sensitive land use areas. As part of the project’s analyses pursuant to SAMC Section 41-199.4, the City evaluated key topics, including toxic or noxious fumes; hazardous discharges; glare; electromagnetic disturbances; radiation; smoke; cinders; odors; dust or waste; undue noise or vibration; or other objectionable features that are detrimental to the public health, safety or general welfare, or that are damaging to the physical environment, neighborhood or community.
The project site modifications consist of relocating the fuel pumps away from the adjacent property ensuring a larger buffer between the neighboring kindergarten and the fueling stations, relocation the convenience store towards the southwestern end of the site, further acting as a physical buffer between the fuel pumps and the adjacent kindergarten, as well as relocating the fuel tanks from the southwestern end towards the northeastern end of the site, reducing the impacts from the standard sources of emissions at service stations (i.e., service station infrastructure and vehicles visiting service stations). 6/26/2023
Planning Commission 1 – 5
City Council 17 – 98 10/3/2023
CUP No. 2019-41-MOD-1 & CUP No. 2023-03 – Tustin Avenue Service Station June 26, 2023
Additionally, the closest residential land use is approximately 120 feet to the west of the site. Therefore, the recurring and predictable sources of emissions would be limited. The service station will utilize the latest technology in full compliance with State laws designed to ensure safe operations of the service station and minimization of emissions of fumes.
Conditions of approval has been placed to ensure a reduction in loading and breathing emissions, due fuel tanker truck deliveries and due to excess pressure released from the gas station vent pipe in the form of gasoline vapor emissions. In addition, the applicant through conditions of approval will be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment. Due to the site’s location near sensitive land uses, such as the adjacent child care facility and residential zones, additional conditions of approval have been included to address any potential effects from vehicle idling, outdoor displays, onsite lighting, noise, vehicle maintenance, and the installation of temporary equipment. The service station will meet all emissions and air-quality requirements set by the California Air Resources Board (CARB). In addition, the site will propose high-quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the surrounding area.
Finally, the Applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts on the sensitive residential land uses. This includes both the fuel pumps and the convenience store.
General Plan Consistency
Approval of this application will be consistent with the goals of the General Plan, specifically Goals 2, 3, 4 of the Land Use Element, Goals 1 and 3 of the Economic Prosperity Element, Goal 4 of the Mobility Element, Goal 1 of the Conservation Element, and Goal 2 of the Safety Element. The project is located within the General Commercial (GC) land use designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods. The granting of CUP No. 2019- 41-MOD-1 and CUP No. 2023-03 supports several policies contained in the General Plan.
Goal 2 of the Land Use Element (“LU”) encourages a balance of land uses that meet Santa Ana’s diverse needs. Policy 2.2 of the LU encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. Policy 2.6 of the LU encourages investment and promotes rehabilitation of properties with increased levels of capital investment to create a safe and attractive environment. Policy 2.7 of the LU supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. Goal 3 encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. Policy 3.4 of the LU ensures that the scale and massing of new development is compatible and harmonious with the surrounding built environment.
Policy 3.7 of the LU promotes a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors. Goal 4 supports a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. Policy 4.3 of the LU encouraged land uses and strategies that reduce energy and water consumption, waste 6/26/2023
Planning Commission 1 – 6
City Council 17 – 99 10/3/2023
CUP No. 2019-41-MOD-1 & CUP No. 2023-03 – Tustin Avenue Service Station June 26, 2023
and noise generation, soil contamination, air quality impacts, and light pollution. Policy
4.6 of the LU supports diverse and innovative housing types that improve living conditions and promote a healthy environment. Goal 1 of the Economic Propensity Element (“EU”) promotes the fostering of a dynamic local economy that provides and create employment opportunities for all residents in the City. Policy 1.2 of the EU promotes the strengthening and expand citywide business attraction efforts in order to achieve the city’s full employment potential. Goal 3 of the EU promotes a business-friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. Policy 3.7 of the EU promotes a solution-based customer focus in order to facilitate additional development and investment in the community. Policy 3.8 of the EU pursues a balance of fiscal and qualitative community benefits when making land use decisions. Goal 4 of the Mobility Element (“M”) coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. Policy 4.9 of the M supports the utilization of land use, building, site planning, and technology solutions to mitigate exposure to transportation-related air pollution, especially in environmental justice focus areas. Goal 1 of the Conversation Element (“CN”) supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. Policy 1.5 of the CN encourages the study of impacts of stationary and non-stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks as well as developing and adopting new regulations avoiding the siting of facilities that potentially emit increased pollution near sensitive receptors within environmental justice area boundaries. Goal 2 of the Safety Element (“S”) supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. Policy 2.2 of the S encourages collaboration with appropriate agencies to identify and inventory all users and handlers of hazardous materials to proactively mitigate potential impacts. Promote transparency and accountability by publishing city, regional, and state data and resources on toxic spills, water pollution, illegal discharges, industrial and commercial air violations on a dedicated Santa Ana Environmental Quality webpage. The proposed project will utilize land use, design, and sustainable strategies to protect environmental resources and residents. The reconfiguration of the site contributes to a stronger protection of local air quality and minimizes environmental impacts associated with the business.
Public Notification and Community Outreach
Public notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1000-foot notification radius map, and the site posting are provided in Exhibit 6. The property is located within the Meredith Parkwood Neighborhood Association. At the time this report was printed, no issues of concern were raised regarding the proposed CUP.
6/26/2023
Planning Commission 1 – 7
City Council 17 – 100 10/3/2023
CUP No. 2019-41-MOD-1 & CUP No. 2023-03 – Tustin Avenue Service Station June 26, 2023
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction of Conversion of Small Structures). This exemption applies to the construction of small structures, which, in urbanized areas, applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site’s location does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Conditional Use Permit No. 2019-41-MOD-1 Resolution
2. Conditional Use Permit No. 2023-03 Resolution
3. Vicinity Zoning & Aerial Map
4. Site Photos
5. Architectural Plans
6. Previously-Approved Site Plan
7. Copy of Public Notices
Submitted By:
Cristian Santana, Assistant Planner I
Approved By:
Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
6/26/2023
Planning Commission 1 – 8
City Council 17 – 101 10/3/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows:
A. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of Conditional Use Permit (CUP) Modification to facilitate the construction of a new service station and convenience store located at 2230 North Tustin Avenue.
B. Santa Ana Municipal Code (“SAMC”) Section 41-424.5(f) requires approval of a CUP for service stations within the Arterial Commercial (C5) zoning district.
C. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site. The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site.
D. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single-story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations.
E. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the SAMC.
F. On June 26, 2023, the Planning Commission held a duly noticed public hearing for CUP No. 2019-41-MOD-1.
G. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA APPROVING A
MODIFICATION TO CONDITIONAL USE PERMIT
NO. 2019-19 (NO. 2019-41-MOD-1) AS
CONDITIONED TO ALLOW THE CONSTRUCTION
OF A SERVICE STATION IN THE ARTERIAL
COMMERCIAL (C5) ZONING DISTRICT FOR THE
PROPERTY LOCATED AT 2230 NORTH TUSTIN
AVENUE
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Resolution No. 2023-XXX
established in order to grant CUP No. 2019-41-MOD-1, for a service station, have been established as required by SAMC Section 41-638:
1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community.
The proposed service station and convenience store will provide a service to persons that are working or residing in the area. The project will redevelop a vacant lot with a new building and enhanced landscaping, which will contribute to the overall aesthetics of the area. This will benefit the community by allowing the construction of an additional service use and retail building on a vacant lot that will provide additional conveniences for residents, visitors, and employees in the vicinity.
2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
The proposed site plan has been designed to not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The fueling canopy is proposed along the
northeastern end of the site to distance it from sensitive land uses to the west. Additionally, the location of the convenience store adjacent to the western property acts as a physical barrier between nearby sensitive land uses and the fueling canopy.
The closest residential land use is approximately 120 feet to the west of the site. The service station will utilize the latest technology related to the use to ensure safe operations of the service station. The site will propose high-quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the surrounding area.
Due to the site’s location near sensitive land uses, such as the adjacent child care facility and residential zones, conditions of approval have been included to mitigate any effects from vehicle idling, outdoor displays, onsite lighting, noise, vehicle maintenance, and the installation of temporary equipment. The service station will meet all emissions and air-quality requirements. Finally, the Applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts on the sensitive residential land uses.
3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area.
The service station will not adversely affect the economic stability or future economic development of properties in the surrounding area. The service station will replace an existing 6/26/2023
Planning Commission 1 – 10 City Council 17 – 103 10/3/2023 Resolution No. 2023-XXX
vacant lot and contribute to the existing local economy by providing a commercial service to residents and visitors, as well as generate added sales tax revenue for the City.
4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use.
The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property, which will ensure that the property and all improvements are properly maintained.
Additionally, the development will also meet sustainability measures pursuant to the California Green Code, such as providing solar photovoltaic panels on the roof and electric vehicle charging stations.
5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. i. The granting of CUP No. 2019-41-MOD-1 supports and is consistent with several goals and policies contained in the General Plan. Specifically, the application would be consistent with Goals 2, 3, 4 of the Land Use Element (“LU”); Goals 1 and 3 of the Economic Prosperity Element (“EU”); Goal 4 of the Mobility Element (“M”); Goal 1 of the Conservation Element (“CN”); and Goal 2 of the Safety Element (“S”). The project is located within the General Commercial (GC) land use
designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods.
Goal 2 of the LU Element encourages a balance of land uses that meet Santa Ana’s diverse needs. The project contributes to Goal 2 of the LU Element by providing additional services to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by improving the circulation
throughout.
Goal 3 encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. The proposed improvements address Goal 3 of the LU 6/26/2023
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Element by preserving the character of the existing commercial area. The scale and massing of the addition is proposed to be compatible and will maintain the current architectural style, which includes an earth tone color palette, stone veneer, smooth stucco finishes, canopies and trim. The project provides a harmonious development and keeps all four corners of the intersection harmonious aesthetically, promoting a clean and safe environment.
Goal 4 supports a sustainable Santa Ana through
improvements to the built environment and a culture of
collaboration. The proposed project supports Goal 4 of the LU by supporting a sustainable community by ensuring the project has been designed and conditioned to minimize impacts onto surrounding properties. The project will support sustainable improvements to the built environment and encourage land use strategies that reduce the operation impacts of the commercial site. The reconfiguration of the site will additionally contribute to improved living conditions and a healthier environment for the surrounding area by developing the site in a responsible manner.
Goal 1 of the EU Element promotes the fostering of a dynamic local economy that provides and create employment
opportunities for all residents in the City while Goal 3 of the EU Element encourages a business-friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. The proposed project will support Goals 1 and 3 of the EU and will help the applicant to enhance their business offerings and compete with nearby service stations that offer similar services. Moreover, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area.
Goal 4 of the M Element coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community
goals. Goal 1 of the CN Element supports the protection of air resources, improve regional and local air quality, and minimize the impacts of climate change. Goal 2 of the S Element supports the protection of residents and environmental resources from contaminated hazardous material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. The proposed project will support Goal 4 of the M Element, Goal 1 of the CN Element, and Goal 2 of the S Element by utilizing land use, design, and sustainable strategies to protect environmental resources and 6/26/2023
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residents. The proposed site configuration contributes to protection of local air quality and minimizes environmental impacts associated with the business.
Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction or Conversion of Small Structures).
This exemption applies to the construction of small structures, which, in urbanized areas, applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site’s location does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project.
Section 3. CUP-2019-41-MOD-1 shall not be effective until the City of Santa Ana Planning Commission reviews and approves CUP No. 2023-3. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect.
Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-41-MOD-1, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2230 North Tustin Avenue. This decision is based upon the evidence submitted at the 6/26/2023
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above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 26, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 26th day of June 2023 by the following vote.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
_______________________
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Chief Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 26, 2023.
Date: ________________ ____________________________________ Nuvia Ocampo
Recording Secretary
City of Santa Ana
6/26/2023
Planning Commission 1 – 14 City Council 17 – 107 10/3/2023 Resolution No. 2023-XXX
EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2019-41-MOD-1 Conditional Use Permit No. 2019-41-MOD-1 for a service station is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations.
The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit.
1. All proposed site improvements must conform to the Development Project Review (DP No. 2021-29) and the staff report exhibits.
2. 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. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City’s Water Efficient Landscape Ordinance. The landscape plans shall note construction of a minimum seven (7) foot tall perimeter wall along the west and southern property lines, except where prohibited by driveways and required landscape setbacks, and shall be coated with anti-graffiti coating.
The landscape plan shall include the installation of vines throughout the perimeter walls and portions of the main building’s exterior with solid voids and no fenestrations.
4. Prior to the issuance of a certificate of occupancy, signs must be installed at both driveway exits to indicate “Right Turn Only”.
5. Prior to issuance of certificate of occupancy, signs shall be installed, following separate Planning Division review and approval, stating that truck drivers shall limit idling of diesel-powered vehicles to less than five minutes in accordance with Title 13 – Section 2485 of the California Code of Regulations.
6. The hours of operation for the convenience store and service station, including fuel pumps, shall be limited to between 5:00 a.m. and 12:00 a.m. (midnight), seven days per week, unless extended by approval of a separate conditional use permit.
7. Deliveries of goods and services related to items sold inside the convenience store shall not occur between 10:00 p.m. and 7:00 a.m., with fuel deliveries limited to the hours between 6:00 p.m. and 10:00 p.m., daily. 6/26/2023
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8. The air/water machine must provide an automatic shut-off component to cease operation when the service station, including the convenience store and fuel pumps, is not in operation.
9. The location of the air/water station shall be placed in an area not prominent to the street and shall be screened to the furthest extent possible.
10. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence.
11. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage.
12. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier’s view to the outside.
13. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed.
14. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy.
15. There shall be no coin-operated games maintained on the premises at any time.
16. No pay telephones shall be located on the premises.
17. “No Loitering/Trespass” signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602.
18. The Applicant shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification.
19. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches.
20. To minimize light intrusion, the use of exterior lighting shall be shielded and/or directed away from adjacent properties.
21. The utilization of outdoor speakers or similar devices onsite are prohibited. 6/26/2023
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22. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement.
23. At all times, the contact information for a responsible party such as an onsite manager or property manager shall be posted in a prominent location. The minimum information in the posting shall include the individual’s name, title, phone number, and email address, to report any onsite issues 24 hours per day, seven days per week.
24. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request.
25. The sale of alcoholic beverages shall be prohibited, unless extended by approval of a separate conditional use permit.
26. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited.
27. The outdoor storage, sale, or display of natural or propane gas tanks shall be prohibited.
28. The installation of temporary mechanical equipment, tarps, or similar structures shall be reviewed by the Planning Division.
29. The performance of vehicle maintenance such as but not limited to; replacement of belts, hoses, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tune-ups or other minor repairs shall be prohibited.
30. Truck drivers shall limit idling of diesel-powered vehicles to less than five minutes in accordance with Title 13 – Section 2485 of the California Code of Regulations.
31. To the extent feasible, the applicant shall install a vapor processor to manage the pressure of the vapor in a gasoline storage tank to prevent overpressure issues and reduce breathing emissions from the pressure/vent valve. The vapor processors shall be certified by the California Air Resources Board (CARB).
32. To the extent feasible, the applicant shall utilize cleanest possible equipment during construction (e.g., all construction equipment must meet or exceed CARB-certification standards).
33. The applicant shall be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment. 6/26/2023
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34. A Property Maintenance Agreement must be recorded against the property prior to issuance of a certificate of occupancy. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following:
(a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.).
(b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses.
(c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable.
(d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable).
(e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms.
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(f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.
(h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.
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RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2023-03 AS CONDITIONED TO ALLOW A
LAND USE THAT REQUIRES A REGIONAL, STATE, OR
FEDERAL PERMIT TO HANDLE, STORE, EMIT OR
DISCHARGE REGULATED COMPOUNDS, MATERIALS,
CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET
OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL
ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING
DISTRICT FOR THE PROPERTY LOCATED AT 2230
NORTH TUSTIN AVENUE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows:
A. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (“Applicant”) and Heinecke Gould Properties, LLC (Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2023-03 as conditioned, to allow a land use that requires a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (k-12) or residential zones in the Arterial Commercial (C5) zoning district at 2230 North Tustin Avenue.
B. Santa Ana Municipal Code (“SAMC”) Section 41-199.4(a) requires a conditional use permit for any use that requires a permit from a regional, state, or federal agency to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances that is located within 500 linear feet of a public park, school (K-12) as defined in section 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes.
C. On May 26, 2020, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new service station on the subject site.
The Planning Commission unanimously approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station on the subject site.
D. On December 20, 2022, the City Council adopted an ordinance to require businesses requiring a regional, state, or federal permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances within 500 linear feet of a public park, school (K-12), or residential zones to obtain a conditional use permit.
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E. The applicant is proposing modifications to the original CUP 2019-41 entitlement to allow construction of a new single-story, 2,150-square-foot commercial building, containing a convenience store, as well as a 2,880- square-foot fueling canopy with six fueling stations.
F. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve CUP No. 2023-03 for this project as set forth by the SAMC.
G. On June 26, 2023, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2023-03.
H. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2023-03, for a service station and noxious use as required by SAMC Section 41-638, have been established:
1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community.
The proposed service station and convenience store will provide a service to persons that are working or residing in the area. The project will redevelop a vacant lot with a new building and enhanced landscaping, which will contribute to the overall aesthetics of the area. This will benefit the community by allowing the construction of an additional service use and retail building on a vacant lot that will provide additional conveniences for residents, visitors, and employees in the vicinity. For context, the two nearest service stations in Santa Ana are located approximately 0.45-miles to the north (Fairhaven and Tustin avenues) and approximately 0.45-miles to the south (Tustin Avenue and 17th Street). A third service station is located in the City of Tustin, adjacent to the State Route 55 freeway, approximately 0.58-miles to the southeast.
2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity.
The proposed site plan has been designed to not be
detrimental to the health, safety or welfare of those residing or working in the vicinity. Moreover, the use has been
comprehensively evaluated pursuant to the City’s zoning ordinance and its noxious uses ordinance, and conditions of approval have been placed to ensure that the use limits impacts related to the following: toxic or noxious fumes; hazardous discharges; glare; electromagnetic disturbances; radiation; smoke; cinders; odors; dust or waste; undue noise 6/26/2023
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or vibration; or other objectionable features that are
detrimental to the public health, safety or general welfare, or that are damaging to the physical environment, neighborhood or community.
The fueling canopy is proposed along the northeastern end of the site to distance it from sensitive land uses to the west, reducing the impacts from the standard sources of emissions at service stations (i.e., service station infrastructure and vehicles visiting service stations). Additionally, the location of the convenience store adjacent to the western property acts as a physical barrier between nearby sensitive land uses and the fueling canopy. The closest residential land use is approximately 120 feet to the west of the site. Therefore, the recurring and predictable sources of emissions would be limited.
Additionally, the service station will utilize the latest technology in full compliance with State laws designed to ensure safe operations of the service station and minimization of emissions of fumes. Conditions of approval has been placed to ensure a reduction in loading and breathing emissions, due to fuel tanker truck deliveries and due to excess pressure released from the gas station vent pipe in the form of gasoline vapor emissions. In addition, the applicant through conditions of approval will be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment.
Due to the site’s location near sensitive land uses such as the adjacent child care facility and residential zones, additional conditions of approval have been included to mitigate any effects from vehicle idling, outdoor displays, onsite lighting, noise, vehicle maintenance, and the installation of temporary equipment. The service station will meet all emissions and airquality requirements set by the California Air Resources Board (CARB). In addition, the site will propose high-quality architecture utilizing a combination of exterior materials and treatments to remain aesthetically harmonious with the
surrounding area. Finally, the Applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts on the sensitive residential land uses. This includes both the fuel pumps and the convenience store.
3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area.
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The service station will not adversely affect the economic stability or future economic development of properties in the surrounding area. The service station will replace an existing vacant lot and contribute to the existing local economy by providing a commercial service to residents and visitors, as well as generate added sales tax revenue for the City. As detailed in Finding No. 2 in this Resolution, the use has been designed and conditions of approval have been added to the Conditional Use Permit to ensure the project operates in a manner that eliminates impacts onto surrounding properties and sensitive receptors.
4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use.
The proposed use complies with the regulations and
conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property
maintenance agreement to be recorded against the property, which will ensure that the property and all improvements are properly maintained. Additionally, the development will also meet sustainability measures pursuant to the California Green Code, such as providing solar photovoltaic panels on the roof and electric vehicle charging stations.
5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use.
The granting of CUP No. 2023-03 supports and is consistent with several goals and policies contained in the General Plan. Specifically, the application would be consistent with Goals 2, 3, 4 of the Land Use Element (“LU”); Goals 1 and 3 of the Economic Prosperity Element (“EU”); Goal 4 of the Mobility Element (“M”); Goal 1 of the Conservation Element (“CN”); and Goal 2 of the Safety Element (“S”). The project is located within the General Commercial (GC) land use
designation, which allows for highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational
opportunities near established residential neighborhoods.
Goal 2 of the LU Element encourages a balance of land
uses that meet Santa Ana’s diverse needs. The project
contributes to Goal 2 of the LU Element by providing
additional services to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the 6/26/2023
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area by promoting local spending, offering employment
opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by improving the circulation throughout.
Goal 3 encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. The proposed improvements address Goal 3 of the LU Element by preserving the character of the existing
commercial area. The scale and massing of the addition is proposed to be compatible and will maintain the current architectural style, which includes an earth tone color palette, stone veneer, smooth stucco finishes, canopies and trim. The project provides a harmonious development and keeps all four corners of the intersection harmonious
aesthetically, promoting a clean and safe environment.
Goal 4 supports a sustainable Santa Ana through
improvements to the built environment and a culture of
collaboration. The proposed project supports Goal 4 of the LU by supporting a sustainable community by ensuring the project has been designed and conditioned to minimize
impacts onto surrounding properties. The project will support sustainable improvements to the built environment and
encourage land use strategies that reduce the operation impacts of the commercial site. The reconfiguration of the site will additionally contribute to improved living conditions and a healthier environment for the surrounding area by developing the site in a responsible manner.
Goal 1 of the EU Element promotes the fostering of a
dynamic local economy that provides and create
employment opportunities for all residents in the City while Goal 3 of the EU promotes a business-friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. The proposed project will support Goals 1 and 3 of the EU and will help the applicant to enhance their business offerings and compete with nearby service stations that offer similar services. Moreover, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area.
Goal 4 of the M Element coordinates transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community
goals. Goal 1 of the CN Element supports the protection of air resources, improve regional and local air quality, and 6/26/2023
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minimize the impacts of climate change. Goal 2 of the S Element supports the protection of residents and
environmental resources from contaminated hazardous
material sites and minimize risks associated with the use, production, storage, transport, and disposal of hazardous materials. The proposed project will support Goal 4 of the M Element, Goal 1 of the CN Element, and Goal 2 of the S
Element by utilizing land use, design, and sustainable
strategies to protect environmental resources and residents.
The proposed site configuration of the site contributes to protection of local air quality and minimizes environmental impacts associated with the business.
Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction or Conversion of Small Structures). This exemption applies to the construction of small structures, which in urbanized areas applies to up to four commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. The proposed structures total less than 10,000 square feet and will be served by all necessary utilities. The project site’s location does not include any environmental features indicating that it is sensitive. As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project.
Section 3. CUP No. 2023-03 shall not be effective until the City of Santa Ana Planning Commission reviews and approves CUP-2019-41-MOD-1. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect.
Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to 6/26/2023
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approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Section 5. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2023-03 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein for the project located at 2230 North Tustin Avenue. 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 June 26, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 26th day of June, 2023 by the following vote.
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
_______________________
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Chief Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 26, 2023.
Date: ________________ ____________________________________ Nuvia Ocampo
Recording Secretary
City of Santa Ana
6/26/2023
Planning Commission 1 – 26 City Council 17 – 119 10/3/2023 Resolution No. 2023-XXX
EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2023-03 Conditional Use Permit No. 2023-03 for a noxious use is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations.
The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit.
1. All proposed site improvements must conform to the Development Project Review (DP No. 2021-29) and the staff report exhibits.
2. 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. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City’s Water Efficient Landscape Ordinance. The landscape plans shall note construction of a minimum seven (7) foot tall perimeter wall along the west and southern property lines, except where prohibited by driveways and required landscape setbacks, and shall be coated with anti-graffiti coating. The landscape plan shall include the installation of vines throughout the perimeter walls and portions of the main building’s exterior with solid voids and no fenestrations.
4. Prior to the issuance of a certificate of occupancy, signs must be installed at both driveway exits to indicate “Right Turn Only”.
5. Prior to issuance of certificate of occupancy, signs shall be installed, following separate Planning Division review and approval, stating that truck drivers shall limit idling of diesel-powered vehicles to less than five minutes in accordance with Title 13 – Section 2485 of the California Code of Regulations.
6. The hours of operation for the convenience store and service station, including fuel pumps, shall be limited to between 5:00 a.m. and 12:00 a.m. (midnight), seven days per week, unless extended by approval of a separate conditional use permit.
7. Deliveries of goods and services related to items sold inside the convenience store shall not occur between 10:00 p.m. and 7:00 a.m., with fuel deliveries limited to the hours between 6:00 p.m. and 10:00 p.m., daily.
6/26/2023
Planning Commission 1 – 27 City Council 17 – 120 10/3/2023 Resolution No. 2023-XXX
8. The air/water machine must provide an automatic shut-off component to cease operation when the service station, including the convenience store and fuel pumps, is not in operation.
9. The location of the air/water station shall be placed in an area not prominent to the street and shall be screened to the furthest extent possible.
10. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence.
11. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage.
12. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier’s view to the outside.
13. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed.
14. A silent armed robbery alarm shall be installed prior to issuance of a certificate of occupancy.
15. There shall be no coin-operated games maintained on the premises at any time.
16. No pay telephones shall be located on the premises.
17. “No Loitering/Trespass” signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602.
18. The Applicant shall provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification.
19. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches.
20. To minimize light intrusion, the use of exterior lighting shall be shielded and/or directed away from adjacent properties.
21. The utilization of outdoor speakers or similar devices onsite are prohibited. 6/26/2023
Planning Commission 1 – 28 City Council 17 – 121 10/3/2023 Resolution No. 2023-XXX
22. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement.
23. At all times, the contact information for a responsible party such as an onsite manager or property manager shall be posted in a prominent location. The minimum information in the posting shall include the individual’s name, title, phone number, and email address, to report any onsite issues 24 hours per day, seven days per week.
24. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request.
25. The sale of alcoholic beverages shall be prohibited, unless extended by approval of a separate conditional use permit.
26. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited.
27. The outdoor storage, sale, or display of natural or propane gas tanks shall be prohibited.
28. The installation of temporary mechanical equipment, tarps, or similar structures shall be reviewed by the Planning Division.
29. The performance of vehicle maintenance such as but not limited to; replacement of belts, hoses, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tune-ups or other minor repairs shall be prohibited.
30. Truck drivers shall limit idling of diesel-powered vehicles to less than five minutes in accordance with Title 13 – Section 2485 of the California Code of Regulations.
31. To the extent feasible, the applicant shall install a vapor processor to manage the pressure of the vapor in a gasoline storage tank to prevent overpressure issues and reduce breathing emissions from the pressure/vent valve. The vapor processors shall be certified by the California Air Resources Board (CARB).
32. To the extent feasible, the applicant shall utilize cleanest possible equipment during construction (e.g., all construction equipment must meet or exceed CARB-certification standards).
33. The applicant shall be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment. 6/26/2023
Planning Commission 1 – 29 City Council 17 – 122 10/3/2023 Resolution No. 2023-XXX
34. A Property Maintenance Agreement must be recorded against the property prior to issuance of a certificate of occupancy. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following:
(a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.).
(b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses.
(c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable.
(d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable).
(e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms.
(f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, 6/26/2023
Planning Commission 1 – 30 City Council 17 – 123 10/3/2023 Resolution No. 2023-XXX
sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any
unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.
(h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.
6/26/2023
Planning Commission 1 – 31 City Council 17 – 124 10/3/2023
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6/26/2023
Planning Commission 1 – 32 City Council 17 – 125 10/3/2023 CUP No. 2019-41-MOD-1 and CUP No. 2023-03 – New Service Station 2230 North Tustin Avenue
Exhibit 4 – Site Photo
6/26/2023
Planning Commission 1 – 33 City Council 17 – 126 10/3/2023 6/26/2023
Planning Commission 1 – 34 City Council 17 – 127 10/3/2023 6/26/2023
Planning Commission 1 – 35 City Council 17 – 128 10/3/2023 6/26/2023
Planning Commission 1 – 36 City Council 17 – 129 10/3/2023 6/26/2023
Planning Commission 1 – 37 City Council 17 – 130 10/3/2023 6/26/2023
Planning Commission 1 – 38 City Council 17 – 131 10/3/2023 6/26/2023
Planning Commission 1 – 39 City Council 17 – 132 10/3/2023 6/26/2023
Planning Commission 1 – 40 City Council 17 – 133 10/3/2023 6/26/2023
Planning Commission 1 – 41 City Council 17 – 134 10/3/2023 6/26/2023
Planning Commission 1 – 42 City Council 17 – 135 10/3/2023 6/26/2023
Planning Commission 1 – 43 City Council 17 – 136 10/3/2023 6/26/2023
Planning Commission 1 – 44 City Council 17 – 137 10/3/2023 6/26/2023
Planning Commission 1 – 45 City Council 17 – 138 10/3/2023 6/26/2023
Planning Commission 1 – 46 City Council 17 – 139 10/3/2023 6/26/2023
Planning Commission 1 – 47 City Council 17 – 140 10/3/2023 6/26/2023
Planning Commission 1 – 48 City Council 17 – 141 10/3/2023 6/26/2023
Planning Commission 1 – 49 City Council 17 – 142 10/3/2023 6/26/2023
Planning Commission 1 – 50 City Council 17 – 143 10/3/2023 6/26/2023
Planning Commission 1 – 51 City Council 17 – 144 10/3/2023 6/26/2023
Planning Commission 1 – 52 City Council 17 – 145 10/3/2023 6/26/2023
Planning Commission 1 – 53 City Council 17 – 146 10/3/2023 6/26/2023
Planning Commission 1 – 54 City Council 17 – 147 10/3/2023 6/26/2023
Planning Commission 1 – 55 City Council 17 – 148 10/3/2023 6/26/2023
Planning Commission 1 – 56 City Council 17 – 149 10/3/2023 6/26/2023
Planning Commission 1 – 57 City Council 17 – 150 10/3/2023 6/26/2023
Planning Commission 1 – 58 City Council 17 – 151 10/3/2023 6/26/2023
Planning Commission 1 – 59 City Council 17 – 152 10/3/2023 6/26/2023
Planning Commission 1 – 60 City Council 17 – 153 10/3/2023 6/26/2023
Planning Commission 1 – 61 City Council 17 – 154 10/3/2023 6/26/2023
Planning Commission 1 – 62 City Council 17 – 155 10/3/2023 DN
MIN THROAT DISTANCE
32' - 6"
LOADING
SPACE
SIGHT
TRIANGLE
SIGHT
TRIANGLE
REMOVE AND REPLACE EXISTING
DRIVEWAY PER CITY STANDARDS.
DRIVEWAY (E) DRIVEWAY APPROACH TO BE
ABANDONED AND REPLACED WITH
SIDEWALK, CURB AND GUTTER PER
CITY STANDARDS.
(E) DRIVEWAY TO BE REMOVED
AND REPLACED PER NEW PUBLIC
WORKS AGENCY STANDARDS
(E) STORM DRAIN MANHOLE
(E) POWER
POLE
CONCRETE SIDEWALK
CONCRETE SIDEWALK
(E) CURB RAMP
TO BE REPLACED - SEE NOTE
-RESTRIPE THE
CROSSWALK.
GRINDING AND CAPPING OF EXISTING AC PAVEMENT CURB
LANE REQUIRED (MIN 2"-3")
9 8 7 6
5 3 2 1
BICYCLE
RACK
12' - 0"
FUEL
STATIONS
CANOPY AREA 2,160 SF
MIN. CANOPY HEIGHT = 15'3"
(>13FT FUEL TRUCK MAX. HEIGHT)
- SEE ELEVATION SHEETS
IR
R
E
V
O
C
A
BLE
O
F
F
E
R
O
F
D
E
DIC
A
TIO
N
F
O
R
F
U
T
U
R
E
S
T
R
E
E
T
P
U
R
P
O
S
E
S
10' - 0"
10' IRREVOCABLE OFFER OF DEDICATION FOR
FUTURE STREET PURPOSES
LANDSCAPE
LANDSCAPE
15' - 0" 10' - 0"
LANDSCAPE
LANDSCAPE
18' - 0" 4' - 0"
8' - 6" 8' - 6" 8' - 6" 8' - 6" 30' - 0"
5' - 0" 12' - 0"
40' - 0" 6' - 0"
PEDESTRIAN WALKWAY
PEDESTRIAN WALKWAY
PEDESTRIAN WALKWAY
PEDESTRIAN WALKWAY
RETAIL STORE
STORE ENTRANCE
TYPE V CONSTRUCTION
GROUP M OCCUPANCY TYPE
SPRINKLER SYSTEM PROVIDED
FIRST FLOOR 1,952 SF
MEZZANINE 648 SF
TOTAL 2,600 SF
PEDESTRIAN
WALKWAY
SIGHT
TRIANGLE
FUEL TANKS MANHOLE
ø 3' - 6"
PEDESTRIAN WALKWAY
SOLID CMU PERIMETER WALL - 6FT HEIGHT - SPLITFACE LIGHT BROWN TEXTURE SOLID CMU PERIMETER WALL - 2FT HEIGHT - SPLITFACE LIGHT BROWN TEXTURE
STORE ENTRANCE
10' - 0" 24' - 2" 2' - 0"
ROOF LINE
60' - 0"
36' - 0"
5' - 0"
40'x16' MIN TRASH STAGING AREA
- UNLIMITED HEIGHT CLEARANCE -
3' - 6"
GRINDING AND CAPPING OF EXISTING AC PAVEMENT CURB
LANE REQUIRED (MIN 2"-3")
4" MIN. CONCRETE SLAB
IN FRONT OF TRASH ENCLOSURE
TUSTIN AVENUE
SANTA CLARA AVENUE
ADJACENT PROPERTY
ADJACENT PROPERTY
18' - 0"
0' - 0"
PARKING
ISLAND
170' - 0"
150' - 0" 20' - 0"
20' - 0" 112' - 0"
1' - 6"
AIR / WATER
STATION
4 VAN
16' - 0"
40' - 0"
9' - 5"
FULLY
ROOFED
TRASH
ENCLOSURE
4YD 4YD
POLE MOUNTED
LIGHT FIXTURE
POLE
MOUNTED
LIGHT
FIXTURE
POLE
MOUNTED
LIGHT
FIXTURE
WALL
MOUNTED
LIGHT
FIXTURE
WALL
MOUNTED
LIGHT
FIXTURE
25' - 0"
20' - 0"
180°
TRASH
COLLECTION
VEHICLE
15' - 0"
15' - 0"
15' - 0"
15' - 0"
SOLID CMU WALL - 2'3"FT HIGH - SPLITFACE LIGHT BROWN
25' - 0"
25' - 0"
SIGHT
TRIANGLE
*DRIVEWAY IS >10FT
FROM UTILITY FACILITY
CORNER CUT-OFF DEDICATION
FOR STREET PURPOSES
10' IRREVOCABLE OFFER OF
DEDICATION FOR FUTURE STREET
PURPOSES
*REMOVE AND RECONSTRUCT
DAMAGED SIDEWALK PANELS
ALONG THE PROPERTY
FRONTAGE
*REMOVE AND RECONSTRUCT
DAMAGED SIDEWALK PANELS ALONG
THE PROPERTY FRONTAGE
(E) BUS STATION BENCH
(E)TRAFFIC POLE
POWER POLE
TRAFFIC STOP
(E)TREE- TO BE
REMOVED
23' - 5"
21' - 7"
10' - 0"
132' - 0"
A
B
C
D
28' - 0"
11 10
SIGHT
TRIANGLE
15' - 0"
15' - 0" 10' - 0"
15' - 0"
15' - 0"
3' - 0" 39' - 0" 3' - 0"
(E) 2 PARKING STALLS TO BE
REMOVED AND
REPROPOSED AS
ADDITIONAL PARKING 1O
AND 11. THE REPLACEMENT
IS RECORDED BY MEANS OF
EASEMENT AGREEMENT
DATED 07.09.2019.
0' - 10"
BOLLARDS
0' - 10"
(N) ACCESS
DRIVEWAY
FROM
ADJACENT
PROPERTY
27' - 10"
8' - 6"
18' - 0"
60°12' - 8"
BOLLARDS
HVAC LOCATION ON ROOF-DECK
P. LINE
PROPERTY LINE
(EXISTING) PROPERTY LINE
PROPERTY LINE
(E) BUS STOP
SIGN
NO STOPPING
SIGN
100' - 0"
32' - 2"
FREESTANDING SIGN - SEE PAGE A15
AIR / W. MACHINE
23' - 0"
19' - 4"
22' - 3" 20' - 4" 23' - 8"
(N) 24" BOX STREET TREES
(N) 24" BOX STREET TREES
LEGEND
SURFACE TO UNDERGO GRINDING AND CAPPING
PEDESTRIAN WALKWAY
SIDEWALK
LANDSCAPE AREA
9' - 4"
0' - 10"TRANSFORMER
PAD - FULLY
SCREENED
FROM STREET
VIEW
3' - 4" 6' - 0" 7' - 4"
4' - 1" 6' - 0" 7' - 11"
UTILITY SWITCHGEAR
BOX @ GROUND
FLOOR
6' - 5" 2' - 2"
FUEL
DISPENSING
VEHICLE
PROPOSED 6" PVC SEWER LATERAL
PROPOSED SEWER LINE STUB
5' AWAY FROM BUILDING
PROPOSED 1"
WATER LINE
PROPOSED WATER LINE
STUB 5' AWAY FROM
BUILDING
(FUTURE) PROPERTY LINE
16" D.I. WATER LINE
8" V.C.P.SEWER LINE
8" C.I. WATER LINE
60" R.C.P. STORM DRAIN LINE ON TUSTIN AVENUE CENTERLINE 132' - 0"
DRIVEWAY ACCESS THROUGH
ADJACENT PROPERTY AND
RECORDED BY MEANS OF
EASEMENT AGREEMENT DATED
07.09.2019..
6' - 6"6' - 6"
PLACE (N) "RIGHT
TURN ONLY" SIGN
SCALE:
DATE:
DRAWN:
DESIGN & CONSTRUCTION SUPPORT SERVICES
TEL: 310. 562.6427FAX: 213. 835.3865
1557 WESTWOOD BLVD. #145LOS ANGELES, CA 90024
MOBBIL INC. OWNER:
PROJECT:ADDRESS:
SHEET:
OF
REVISIONS BY
WWW.MOBBIL.COM
MANAGEMENT OF
BUILDING,BRIDGES,
INFRASTRUCTURES
& LANDS
1/8" = 1'-0"
A - 03
FARZAN GHADOOSHAHY
Issue Date
S D TUSTIN SERVICE STATION
2230 N TUSTIN AVE. SANTA ANA, CA 92705
SITE PLAN
CALCULATED WASTE AND
RECYCLABLE STORAGE AREA
WASTE STORAGE AREA REQUIRED
94 SF
WASTE STORAGE AREA PROVIDED:
94 SF
(MIN 50% FOR RECYCLABLE
MATERIALS)
N
PARKING CALCULATION
RETAIL STORE GROSS FLOOR AREA
2,600 SF
NUMBER OF PARKINGS REQUIRED:
- RETAIL FACILITY 13
- SUBTRACT FUEL ISLAND
PARKING - 4
TOTAL NUMBER OF PARKINGS
REQUIRED: 9
TOTAL NUMBER OF PARKINGS
PROVIDED: 11
- 8 STANDARD
- 2 STANDARD (REPLACING
REMOVED PARKINGS FROM ADJACENT
LOT)
- 1 ADA VAN ACCESSIBLE
- NO FREE-STANDING SIGNS OR
VISUAL OBSTRUCTIONS HIGHER THAN
2.5' ARE ALLOWED WITHIN THE
DRIVEWAY SIGHT TRIANGLE.
- NO FREE-STANDING SIGNS OR
VISUAL OBSTRUCTIONS HIGHER THAN
2.5' ARE ALLOWED WITHIN THE STREET
CORNER SIGHT TRIANGLE (PER SANTA
ANA MUNICIPAL CODE SECTION 36-45
TO 36-47).
- ABANDONED DRIVEWAYS TO BE
REPLACED WITH SIDEWALK, CURB
AND GUTTER PER CITY
STANDARDS.
- REQUIRED GRINDING AND CAPPING
OF A MINIMUM OF 2"-3" OF THE
EXISTING AC PAVEMENT FOR CURB
LANE ALONG THE PROPERTY
FRONTAGE ON TUSTIN AVENUE AND
SANTA CLARA AVENUE. PAVING MAY
BE REQUIRED DURING STREET
IMPROVEMENT PLAN CHECK IF UTILITY
CUTS ARE NEEDED BEYOND THESE
LIMITS.
-10'-0" RIGHT-OF-WAY IRREVOCABLE
OFFER TO BE DEDICATED TO THE CITY
OF SANTA ANA FOR FUTURE STREET
PURPOSES.
- REMOVE EXISTING 35-FOOT RADIUS
RETURN CURB RAMP AT SOUTHWEST
CORNER BETWEEN TUSTIN AVE AND
SANTA CLARA AVE AND REPLACE WITH
NEW CURB RAMP WITH 25-FOOT
RADIUS RETURN PER CITY
STANDARDS. RESTRIPE THE
CROSSWALK AT THE INTERSECTION. IF
APPLICABLE, INSTALL THE
PEDESTRIAN CALL BUTTON CLOSER
TO THE CURB.
- ALL TRAFFIC IMPACT ANALYSIS (TIA)
RECOMMENDATIONS WILL BE
IMPLEMENTED PRIOR TO THE
BUILDING PERMIT, SOLELY AT THE
DEVELOPER'S EXPENSE.
- INSTALL 24" BOX STREET TREES AT
35' ON CENTER ON TUSTIN AND SANTA
CLARA AVENUES, PER CITY
STANDARDS AND APPROVED PLAN, AS
NEEDED"
- NO FOOD SERVICE ESTABLISHMENT
IS BEING PROPOSED. IF A FOOD
ESTABLISHMENT IS PROPOSED IN THE
FUTURE, IT MUST COMPLY WITH THE
CITY'S ORDINANCE NO. NS 26-70".
- THE BMPs, SHOWN ON THE
APPROVED SITE PLAN ARE ONLY
PRELIMINARY AND WILL BE REVISED
OR MODIFIED AS NECESSARY UPON
COMPLETION OF THE WQMP. PRIOR
TO THE ISSUANCE OF THE GRADING
PERMIT, THE APPROVED
GRADING/UTILITY PLAN SHALL
INCORPORATE ALL REQUIRED
STRUCTURAL BMPs".
- THIS SITE WILL BE DESIGNED AND
CONSTRUCTED IN ACCORDANCE WITH
THE CALIFORNIA REGIONAL WATER
QUALITY CONTROL BOARD SANTA ANA
REGION ORDER NO. R8-2009-0030
DISCHARGE REQUIREMENTS (MS4
PERMIT).
- 45 FT MAX TURNING RADIUS FOR AN
INTERSTATE SEMITRAILER OF LENGTH
69FT.
- PAVING MAY BE REQUIRED DURING
STREET IMPROVEMENT PLAN CHECK
IF UTILITY CUTS ARE NEEDED FOR
NEW UTILITY SERVICE.
- INSTALL STREET LIGHTS ALONG THE
PROPERTY FRONTAGE ON TUSTIN AND
SANTA CLARA AVENUES, PER TYPE OF
LIGHT AND CITY STANDARDS.
TRASH COLLECTION NOTES:
-TRASH COLLECTION TRUCK WITH MIN. TURNING RADIUS OF 42', TRUCK LENGTH OF 36' AND WIDTH OF 9'. FOR FUEL SUPPLY CIRCULATION PATTERN, SEE PAGE T-02. - MINIMUM 40' x 16' WIDE STAGING AREA SHALL BE AVAILABLE ON SERVICE DAYS FROM 6AM TO 6PM; - MINIMUM VERTICAL CLEARANCE OF 25' AT THE STAGING AREA FOR BIN SERVICE CLEARANCE; - MINIMUM 13' VERTICAL CLEARANCE FOR SCOUT TRUCK;
- ALL STAGING AREAS ARE TO BE ONSITE. NO STREET STAGING IS PERMITTED; - ALL DRIVEWAY AND STAGING AREAS MUST BE ABLE TO SUSTAIN A MINIMUM GROSS WEIGHT OF 60,000LBS PER VEHICLE; - MAXIMUM SIZE OF BIN SHALL BE 4 CUBIC YARDS;
NOTE:
• 10'-0" RIGHT-OF-WAY IRREVOCABLE OFFER TO BE DEDICATED TO THE CITY OF SANTA ANA FOR FUTURE STREET PURPOSES.
• 25'x25' CORNER CUT-OFF DEDICATION TO THE CITY OF SANTA ANA FOR STREET PURPOSES. • FOR LIGHTING FIXTURE DETAILS, SEE PAGE A-10.
• TOTAL STREET FRONTAGE IS 290.25FT, PER SAMC SECTION 41-862 ONLY ONE FREESTANDING SIGN IS ALLOWED. (E) PROPERTY LINE
(E) PROPERTY LINE
(E) PROPERTY LINE
(E) PROPERTY LINE
(N) PROPERTY LINE - AFTER DEDICATION
NOTES
NOTES:
1. REFER TO PAGE C-2
TOPOGRAPHYC SURVEY FOR
EXISTING TOPOGRAPHY,
WITHIN THE PUBLIC RIGHT- OF-WAY, ALONG THE
PROPERTY FRONTAGE AND
WITHIN THE PROPERTY
LINES.
2. LOCATION OF EXISTING AND
NEW WET AND DRY UTILITES
SHOWN ON PAGE C-3 & C-4.
3. REFER TO PAGE C-4 FOR
PROPOSED SITE DRAINAGE
PLANS.
4. EASEMENT AGREEMENTS
FOR PARKING 10,11 AND
DRIVEWAY ACCESS FROM
ADJACENT PROPERTIES WILL
BE SUBMITTED AS SEPARATE
FOLDER TO THE CITY.
18" R.C.P. STORM DRAIN LATERAL
6/26/2023
Planning Commission 1 – 63 City Council 17 – 156 10/3/2023
O R A N G E C O U N T Y R E P O R T E R
OR#
~SINCE 1921~
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NUVIA OCAMPO
CITY OF SANTA ANA/PLANNING & BUILDING AGENCY
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702
GPN GOVT PUBLIC NOTICE
2230 N Tustin Ave (June)
06/16/2023
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Notice Type:
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COPY OF NOTICE
3711439
!A000006334227!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA PLANNING
COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions .
Planning Commission Action: The
Planning Commission will hold a Public
Hearing to receive public testimony, and
will take action on the item described
below. Decision on this matter will be final
unless appealed within 10 calendar days
of the decision by any interested party or
group.
Project Location: 2230 North Tustin
Avenue located within the Arterial
Commercial (C5) zoning code
Project Applicant: Fred Cohen
(Applicant) Heinecke Gould Properties
LLC (Property Owner)
Proposed Project:Applicant is proposing
to modify Conditional Use Permit No.
2019-41 to construct a new service station
with a 2,880 square foot canopy and a
2,150 square foot mini-mart. A conditional
use permit is required to allow a service
station the C5 zone. A second conditional
use permit is required for businesses
requiring a regional, state, or federal
permit to discharge, handle, emit, or store
regulated compounds, materials, or
substances and is located within 500 ft. of
a school, public park, or residence.
Environmental Impact: Pursuant to the
California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the
project is exempt from further review
and Categorical Exemption ER No.
2017-83 will be filed for this project.
Meeting Details: This matter will be heard on Monday, June 26, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701.
Members of the public may attend this
meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please
visit www.santa-ana.org/pb/meetingparticipation.
Written Comments: If you are unable to
participate in the meeting, you may send
written comments by e-mail to
[email protected]
(reference the Agenda Item # in the
subject line) or mail to Nuvia Ocampo,
Recording Secretary, City of Santa Ana,
20 Civic Center Plaza – M20, Santa Ana,
CA 92701. Deadline to submit written
comments is 4:00 p.m. on the day of the
meeting. Comments received after the
deadline may not be distributed to the
Commission but will be made part of the
record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the
discretionary item, may be found on the
City website 72 hours prior to the public
hearing at: https://santaana.primegov.com/public/portal.
Who To Contact For Questions: Should you have any questions, please contact Cristian Santana with the Planning and
Building Agency at CSantana@santaana.org or 714-667-2728.
Note: If you challenge the decision on the
above matter, you may be limited to
raising only those issues you or someone
else raised at the public hearing
described in this notice, or in written
correspondence delivered to the Planning
Commission or City Council of the City of
Santa Ana at, or prior to, the public
hearing.
.
Si tiene preguntas en español, favor de
llamar a Nuvia Ocampo (714) 667-2732.
N u c n liên l c b ng ti ng Vi t,
xin i n tho i cho Tony Lai s (714)
565-2627.
6/16/23
OR-3711439#
6/26/2023
Planning Commission 1 – 64 City Council 17 – 157 10/3/2023
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA PLANNING COMMISSION
The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions.
Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group.
Project Location: 2230 North Tustin Avenue located within the Arterial Commercial (C5) zoning code Project Applicant: Fred Cohen (Applicant) Heinecke Gould Properties LLC (Property Owner) Proposed Project: Applicant is proposing to modify Conditional Use Permit No. 2019-41 to construct a new service station with a 2,880 square foot canopy and a 2,150 square foot mini-mart. A conditional use permit is required to allow a service station in the C5 zone. A second conditional use permit is required for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft. of a school, public park, or residence.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review and Categorical Exemption ER No. 2017-83 will be filed for this project.
Meeting Details: This matter will be heard on Monday, June 26, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.
Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at:
https://santa-ana.primegov.com/public/portal.
Who To Contact For Questions: Should you have any questions, please contact Cristian Santana with the Planning and Building Agency at [email protected] or 714-667-2728. 6/26/2023
Planning Commission 1 – 65 City Council 17 – 158 10/3/2023 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 1000’ RADIUS NOTIFICATION MAP
Notice #: 19-41
6/26/2023
Planning Commission 1 – 66 City Council 17 – 159 10/3/2023 6/26/2023
Planning Commission 1 – 67 City Council 17 – 160 10/3/2023 6/26/2023
Planning Commission 1 – 68 City Council 17 – 161 10/3/2023 1 Ocampo, Nuvia
From: lauren hartshorne <[email protected]>
Sent: Monday, June 26, 2023 4:03 PM
To: eComments, PBA
Subject: 2230 North Tustin Avenue opposition
I vote to oppose the gas station at this address.
My concerns are the following:
1. The proximity of a gas station near a school (it is important to stress Kindergarten). A conditional use permit (CUP) is required for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft of a school (K‐12), public park, or residence. In this case, this station is within 500 feet of both a school and residences. Effective December 22, 20222, a CUP is required!
2. Our concerns surround the health and safety of the children. While measures will be put in place to reduce the emissions of fumes, the risk is not zero. Deliveries will only be allowed after hours, but who will manage that? There are frequent accidents in this intersection, what prevents a car from entering the station and clipping a pump? Obviously, these are not every occurrence and the risk is likely low, but it is still a risk.
3. Traffic impact: The existing driveway on Santa Clara will remain. This is very close to our driveway. Additionally, Santa Clara is 2 lanes in front of the school. Increased traffic will impact the flow of daily travel.
4. Homeless: The existing gas stations in the area, in particular, the 7‐11 at 17th and Tustin Ave., have major issues with homeless people. We have worked very hard to reduce this on our property, but a gas station with mini market will increase the likelihood. Again, this is a safety concern.
5. There are 5 gas stations within approximately 1/2 mile of the proposed site (17th/Tustin, 55/17th, Tustin/Fairhaven, and 2 at Santa Clara/Grand). How does a 5th station provide additional services to the residents, workers, and visitors?
6. The sale of alcohol: While this is not a concern with the city, as I understand it, they will apply for an alcohol sales license in the future. Currently, alcohol can be purchased at Stater Brothers, the Liquor Store next to Stater Bros, the Mini Mart behind Starbucks, and definitely at 7‐11 (I assume all the other gas stations as well). Again, this is a safety concern as well as an unneeded service in the area.
I am happy to discuss this further with anyone! My goal is not to keep this lot empty as I do believe in the development of the site, but I do oppose it being a gas station.
City Council 17 – 162 10/3/2023
1 Ocampo, Nuvia
From: Jeff Jensen <[email protected]>
Sent: Monday, June 26, 2023 3:54 PM
To: eComments, PBA
Subject: 2230 North Tustin Avenue
Good Afternoon Commission & Staff,
WOULD YOU ENROLL YOUR KID AT A SCHOOL NEXT DOOR TO A GAS STATION???????????? My name is Jeffrey Jensen with my wife Amy and our daughter and niece go to Plumfield Preschool. We live in the city and love that our daughter & niece love going to school at such a great preschool in the city. The teachers and staff at Plumfield are amazing and work really well with all of the kids at all of the different age groups.
If there would have already been a gas station on the corner, we would have never enrolled our daughter at Plumfield. Just the thought of all of the potential cancerous fumes from gas, traffic and a driveway (with cars rushing in and out of to get to get gas) so close to the entrance of the school would deter me from having my daughter attend. Kids should be able to play and learn with clean air, not with fumes and carcinogins. Also, there are plenty of other gas stations in the area, what benefit is there from adding another station? 4-5 stations within a few blocks of the location.
It also doesn’t seem like a good use of land for a business that the state of CA is moving away from. I love the forward thinking of the city of Santa Ana and know that the city can see a better use than another gas station.
Sounds like a great school can be around a lot longer than a gas station according to the state. A gas station on the corner will be detrimental to Plumfield. Wasn’t there a gas station there a long time ago that didn’t work out when it was just gas powered cars before EV’s hit the market? Starting in 2035, California will prohibit the sale of new gas-powered cars. A measure approved by the California Air Resources Board requires all new cars, SUVs and pickup trucks sold in the state to generate zero tailpipe emissions by then.
Governor Newsom Announces California Will Phase Out Gasoline-Powered Cars & Drastically Reduce Demand for Fossil Fuel in California’s Fight Against Climate Change Link below:
City Council 17 – 163 10/3/2023
2 Governor Newsom Announces California Will
Phase Out Gasoline-Powered Cars & Drastically
Reduce Demand for Fossil Fuel in California’s
Fight Against Climate Change | California
Governor
gov.ca.gov
Thank you,
JJ
Jeffrey Jensen
Chapter One: the modern local
227 N. Broadway
Downtown Santa Ana, CA 92701
(714) 352-2225 MAIN
www.chapteronetml.com
City Council 17 – 164 10/3/2023
1 Ocampo, Nuvia
From: Carol Purvis <[email protected]>
Sent: Monday, June 26, 2023 3:22 PM
To: eComments, PBA
Subject: 2230 North Tustin Avenue
I am an owner, Purvis Enterprises, LLC, of the property adjacent to the proposed development. My property is a Pre-School and Kindergarden which has been utilized for this purpose since 1972.
While I am in no way opposed to the adjacent property being developed, I have serious concerns about the gas station/mini market and the toxic fumes, traffic, and alcohol being sold and/or consumed on the premises.
I am aware that the State of California requires a CUP for the development of any type of business which emits (or has the ability to emit) toxic fumes within 500 feet of a school. This property is adjacent to a school with young children who play in outside play areas several hours a day. I cannot help but believe this is the exact situation that this requirement was intended for. How is it that just 6 months after enacting this requirement, the City is willing to issue a CUP to negate what was deemed as an unhealthy situation?
While I realize that the City has attempted to improve traffic conditions by installing a left turn light at the intersection of Tustin Ave and Santa Clara, with the addition of a driveway within a few feet of the intersection and 2 additional driveways (into the Stater Bros/Del Taco center and my property), already a congested intersection, I cannot believe that this is not asking for traffic accidents and I have major concerns for the safety of my families. Please also note that you are adding additional traffic to the area with the proposed McDonalds' just across the street from my property. Have traffic studies been done with the addition of a service station on the subject property? I do not believe that when prior traffic studies were performed this project was a factor.
Lastly, the issue of a mini-mart -- I have experienced considerable disruptions due to homeless people using my property at night. While I recognize and sympathize with the homeless situation, private property should not be jeopardized by the City allowing magnet type businesses. We all recognize that substance abuse is a major cause or result of homelessness. We have taken all recommended steps to discourage the use of our property by this group, having spent several thousand dollars on cameras, security lighting, signage, etc. The development of a mini-market/service station is a magnet for this, just look at the 7/11 at Tustin and 17th! There is a mini-mart on the NE corner of Santa Clara and Tustin Ave, liquor is sold in the shopping center directly across Santa Clara. Why would you authorize a mini market that sells alcohol adjacent to a school? The State of California Liquor Licensing Board has always supported not selling liquor or consuming liquor within 300 Feet of a school. While I realize the City of Santa Ana does not issue the liquor license, this is just one more example of why the CUP's being requested should be denied.
City Council 17 – 165 10/3/2023
2 In conclusion, please keep in mind that child care in the State of California, and for that matter in most states, has fallen far behind the need and families are looking for safe, respected, loving care for their children. We have offered that for more than 45 years. Please do not jeopardize that service by allowing a gas station/mini-mart right next door.
Carol
Owner
Purvis Enterprises, Inc.
City Council 17 – 166 10/3/2023
1 Ocampo, Nuvia
From: Adam Tichy <[email protected]>
Sent: Monday, June 26, 2023 3:39 PM
To: eComments, PBA
Subject: Gas station concern
Please do not build a gas station right next to our preschool. I don’t want my children breathing in toxic fumes all day.
Thank you
‐Adam Tichy
A concerned parent
Sent from my iPhone
City Council 17 – 167 10/3/2023
1 Ocampo, Nuvia
From: Jasmine Young <[email protected]>
Sent: Monday, June 26, 2023 3:23 PM
To: eComments, PBA
Subject: 2230 North Tustin Avenue PUBLIC COMMENT
To whom it may concern,
Please consider denying the construction of a gas station right next to my child's school. For several reasons this is a bad idea. Some points of concern are as follows:
1. The proximity of a gas station near a PRESCHOOL AND KINDERGARTEN.
A conditional use permit (CUP) is required for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft of a school (K-12), public park, or residence. In this case, this station is within 500 feet of both a school and residences. Effective December 22, 2022, a CUP is required!
2. Our concerns surround the health and safety of the children. While measures will be put in place to reduce the emissions of fumes, the risk is not zero. Deliveries will only be allowed after hours, but who will manage that? There are frequent accidents in this intersection, what prevents a car from entering the station and clipping a pump? Obviously, these are not every occurrence and the risk is likely low, but it is still a risk.
3. Traffic impact: The existing driveway on Santa Clara will remain. This is very close to our driveway.
Additionally, Santa Clara is 2 lanes in front of the school. Increased traffic will impact the flow of daily travel.
4. Homeless: The existing gas stations in the area, in particular, the 7-11 at 17th and Tustin Ave., have major issues with homeless people. We have worked very hard to reduce this on our property, but a gas station with mini market will increase the likelihood. Again, this is a safety concern.
5. There are 5 gas stations within approximately 1/2 mile of the proposed site (17th/Tustin, 55/17th, Tustin/Fairhaven, and 2 at Santa Clara/Grand). How does a 5th station provide additional services to the residents, workers, and visitors?
6. The sale of alcohol: While this is not a concern with the city, as I understand it, they will apply for an alcohol sales license in the future. Currently, alcohol can be purchased at Stater Brothers, the Liquor Store next to Stater Bros, the Mini Mart behind Starbucks, and definitely at 7-11 (I assume all the other gas stations as well). Again, this is a safety concern as well as an unneeded service in the area.
All of us parents and community members are put into uncomfortable situations if this lot is turned into a gas station.
Please consider these points before granting a permit to this cause. -Jasmine Young-Lynch
13642 Dall Lane
Santa Ana CA 92705
--
CSUF Class '24
Pronouns: She/her
City Council 17 – 168 10/3/2023
2 Major: Art Education
Phone: 714‐418‐4826
Creative Focus OC
City Council 17 – 169 10/3/2023
1 Ocampo, Nuvia
From: trina Andjani <[email protected]>
Sent: Monday, June 26, 2023 2:48 PM
To: eComments, PBA
Subject: 2230 North Tustin Avenue
To whom it may concern,
I am writing to express my deep concerns about the proposed gas station near our children's kindergarten.
Having a gas station in such close proximity poses serious safety risks that must be addressed.
The potential hazards of storing and dispensing flammable materials in the vicinity of a school are alarming.
Accidents, fuel leakage, fires, or explosions could have devastating consequences for our children and the entire community.
Furthermore, the increased traffic from the gas station would exacerbate the already congested drop-off and pick-up areas, jeopardizing the safety of our children.
I implore you to reconsider the location and thoroughly evaluate the potential risks associated with this proposal. Our children's safety should always be our top priority, and we must take proactive measures to protect them from unnecessary dangers.
I urge you to prioritize the well-being of the school community and its neighborhood when making decisions that affect our children's lives.
Thank you for your immediate attention to this urgent matter.
Sincerely,
Petrina Andjani
City Council 17 – 170 10/3/2023
1 Ocampo, Nuvia
From: Ariana Contreras <[email protected]>
Sent: Monday, June 26, 2023 2:48 PM
To: eComments, PBA
Subject: 2230 N. Tustin Ave, Tustin, Ca 92705
To whom it may concern,
I am reaching out to express my deep concerns about the proposed gas station near our children's school. Having a gas station in such close proximity poses serious safety risks that must be addressed.
The potential hazards of storing and dispensing flammable materials in the vicinity of a school are alarming. Accidents, fuel leakage, fires, or explosions could have devastating consequences for our children and the entire community.
Furthermore, the increased traffic from the gas station would exacerbate the already congested drop‐off and pick‐up areas, jeopardizing the safety of our children.
I implore you to reconsider the location and thoroughly evaluate the potential risks associated with this proposal. Our children's safety should always be our top priority, and we must take proactive measures to protect them from unnecessary dangers.
I urge you to prioritize the well‐being of the school community and its neighborhood when making decisions that affect our children's lives.
Thank you for your immediate attention to this urgent matter.
Ariana Contreras
City Council 17 – 171 10/3/2023
1 Ocampo, Nuvia
From: Kyrstyn Goodall <[email protected]>
Sent: Monday, June 26, 2023 2:55 PM
To: eComments, PBA
Subject: 2230 north Tustin ave
Good afternoon,
I am writing to request that there not be a gas station built next door to a kindergarten due to it being a health and safety concern.
Thank you,
Kyrstyn Conners
Sent from my iPhone
City Council 17 – 172 10/3/2023
1 Ocampo, Nuvia
From: Amie Grenfell <[email protected]>
Sent: Monday, June 26, 2023 2:26 PM
To: eComments, PBA
Subject: Regarding 2230 North Tustin Avenue
Hello,
I am writing to express my opposition to the development of a gas station at the address referenced in the subject. While I do not believe this lot should remain vacant, there are already so many gas stations available in the nearby vicinity that renders another one unnecessary and unwanted.
Furthermore, I am a parent. I, and several of our neighbors, have children enrolled in the adjacent school. It's a respected institution in our neighborhood (we live along Santa Clara Ave.). My child in particular has asthma, and while I know that my individual child wouldn't have much of an impact on your decision, I hope that the knowledge that residents in the nearby community love the school and are all concerned about the health impacts to your vulnerable residents.
I would love for some small businesses, restaurants or retail, to revitalize the area and give residents a more pedestrian friendly environment. A gas station would contribute absolutely nothing for the community.
I hope you will take the opposition from the residents into consideration. Thank you.
Warm Regards,
Amie Grenfell
Santa Ana Resident
City Council 17 – 173 10/3/2023
1 Ocampo, Nuvia
From: Patty Gutierrez <[email protected]>
Sent: Monday, June 26, 2023 2:37 PM
To: eComments, PBA
Subject: 2230 North Tustin Avenue
Good Afternoon,
We recently heard that there is to be a gas station built in the area. I have a niece that attends Plumfield Preschool. We are concerned that a gas station will bring more traffic to this already busy area. If they will be selling Alcohol this may also attract Homeless to the area.
Why would we want this type of environment around any small children? Please reconsider this new build for our kids.
Concerned Community Member
Thank you.
City Council 17 – 174 10/3/2023
1 Ocampo, Nuvia
From: Curt Hixson <[email protected]>
Sent: Monday, June 26, 2023 2:47 PM
To: eComments, PBA
Subject: Parent opposing gas station at 2230 North Tustin Avenue Hello,
I am writing in opposition to the issuance of a Conditional Use Permit for the property located at 2230 N. Tustin Ave. The development is located within 500 feet of the school my child attends. I am opposed to this development due to the health and safety concerns of the current and future children in the care of Plumfield School.
Additionally, there are 5 other gas stations within 1/2 mile radius of the proposed project, therefore, it is not bringing new nor additional services to the area.
Thank you for your time and consideration,
Curt Hixson
City Council 17 – 175 10/3/2023
1 Ocampo, Nuvia
From: Catherine Hoang <[email protected]>
Sent: Monday, June 26, 2023 2:58 PM
To: eComments, PBA
Subject: Proposed gas station at 2230 North Tustin Avenue To Whom it may concern,
It was brought to my attention the proposed gas station facility at or near 2230 North Tustin Avenue.
My family and I are highly opposed to this as it poses not only an environmental exposure concern but a physical safety concern if built right next door to an educational facility with young children and toddlers. --
Catherine M. Hoang
[email protected]
949-331-8214 cell
City Council 17 – 176 10/3/2023
1 Ocampo, Nuvia
From: Jana Lichtenwalter <[email protected]>
Sent: Monday, June 26, 2023 2:36 PM
To: eComments, PBA
Subject: 2230 N Tustin Ave
To whom it may concern
I am strongly against having a gas station right next to.a kindergarten. There are so many health concerns and traffic situations that is very concerning.
Sent from my iPhone
City Council 17 – 177 10/3/2023
1 Ocampo, Nuvia
From: Gabriela Morales <[email protected]>
Sent: Monday, June 26, 2023 2:29 PM
To: eComments, PBA
Subject: Parent opposing gas station at 2230 North Tustin Avenue Hello,
I am writing in opposition to the issuance of a Conditional Use Permit for the property located at 2230 N. Tustin Ave. The development is located within 500 feet of the school my child attends. I am opposed to this development due to the health and safety concerns of the current and future children in the care of Plumfield School.
Additionally, there are 5 other gas stations within 1/2 mile radius of the proposed project, therefore, it is not bringing new nor additional services to the area.
Thank you for your time and consideration,
Gabriela (Morales) Hixson
City Council 17 – 178 10/3/2023
1 Ocampo, Nuvia
From: Crystal Nguyen <[email protected]>
Sent: Monday, June 26, 2023 2:28 PM
To: eComments, PBA
Subject: 2230 North Tustin Avenue
To Whom This May Concern:
As a concerned parent of the Kindergarten next door, I am extremely against a gas station going in to the lot. I am concerned for my children’s health and SAFETY. As a Santa Ana resident, I know there is a big homeless problem and a gas station is only going to bring more of that around. Especially with alcohol sales. There are already plenty of gas stations and liquor stores within 1/2 mile. Please do not put a gas station next door to a Kindergarten
City Council 17 – 179 10/3/2023
1 Ocampo, Nuvia
From: Jack Potter <[email protected]>
Sent: Monday, June 26, 2023 2:29 PM
To: eComments, PBA
Cc: Kim Cordoba
Subject: Development on the corner of Santa Clara/Tustin Ave. - Parent of Plumfield School Children
To Whom it May concern,
We have had children attending Plumfield since 2018 and still have one child there currently.
The potential development of the corner of Santa Clara/Tustin Ave into a gas station is concerning with regard the health and safety of our child.
There is already a very noticeable homeless/vagrant presence around the school and they have had some trespass issues already.
With the gas station (gas/mini‐mart) it brings even more reason for the homeless to stay in the area of the school.
It is also a VERY busy and difficult intersection to navigate in/out of the school premises and this will make the safety of the children/cars entering and leaving the school property even worse.
Please use common sense in the development of this corner as there is already gas stations nearby with homeless issues.
The gas stations and grocery stores already serve the need for gas/food/beverages....why are you considering putting one IMMEDIATELY next to our school?
We appreciate your kind consideration on this matter.
Thanks,
Jack Potter
Parent of Plumfield School Child
City Council 17 – 180 10/3/2023
1 Ocampo, Nuvia
From: Jessica Prechtl <[email protected]>
Sent: Monday, June 26, 2023 2:56 PM
To: eComments, PBA
Subject: 2230 North Tustin Ave
Hi,
My two year old daughter attends the preschool at Plumfield neighboring the corner of Santa Clara and Tustin Avenue. I am writing to strongly oppose the development plan to put in a gas station on the property at 2230 N.
Tustin Ave. This potential project would have significant health impacts on the growing minds and bodies of hundreds if not thousands of young people in Santa Ana over the next generation. The community does not need a new gas station, especially in close proximity to where there are five other gas stations in a 1/2 mile radius that are easily accessible (17th/Tustin, 55/17th, Tustin/Fairhaven, and 2 at Santa Clara/Grand).
That land should be used to develop something that would clearly meet a community need and promote community health, such as a parklet with exercise equipment, an urban farm or anything with open space and trees. Any other developments would be fine, just please not a gas station! Thank you,
Jessica Prechtl
626-225-0301
--
Jessica Prechtl
Cell: (626) 225-0301
City Council 17 – 181 10/3/2023
1 Ocampo, Nuvia
From: Leslie Skorheim <[email protected]>
Sent: Monday, June 26, 2023 2:32 PM
To: eComments, PBA
Subject: 2230 North Tustin Ave.
To whom this may concern -
I do not want a gas station built and operating next door to Plumfield Kindergarten. It will cause extreme health and safety issues for the children (and their families) that attend the school.
Thank you.
Leslie Skorheim
City Council 17 – 182 10/3/2023
1 Ocampo, Nuvia
From: Nikki Tichy <[email protected]>
Sent: Monday, June 26, 2023 2:17 PM
To: eComments, PBA
Subject: Re: 2230 North Tustin Avenue
Importance: High
To Whom It May Concern:
I am wriƟng today as a concerned parent of the Kindergarten next door to the empty lot. My children aƩend the Kindergarten and I do not want my children exposed to any gas fumes.
Also, it is already a high traffic area with cars and people. If a gas staƟon is put in by the school, I’m extremely worried about the likelihood of homeless people, as that is a rising problem in Santa Ana already.
Furthermore, I cannot imagine alcohol being sold next door to a Kindergarten and what type of traffic that will bring around my kids. There’s a liquor store across the street and a grocery store. We don’t need anymore near the school. There are also 5 other gas staƟons within ½ mile.
Please reconsider a gas staƟon being put in right next door to a KINDERGARTEN where our children play outside.
Nikki Tichy
REGIONAL OFFICE MANAGER | THE TERMITE GUY + PEST CONTROL FREE: 1.877.TERMITE | PHONE: 714.835.0135 | FAX: 714.835.0140 City Council 17 – 183 10/3/2023
1 Ocampo, Nuvia
From: Mel U <[email protected]>
Sent: Monday, June 26, 2023 2:50 PM
To: eComments, PBA
Subject: 2230 North Tustin Avenue
I understand your concern about the construction of a new gas station near a kindergarten. It is indeed important to prioritize the safety and well-being of young children, especially in their immediate environment. The proximity of a gas station to a kindergarten raises several potential issues that should be carefully considered.
Firstly, the presence of a gas station introduces increased vehicular traffic in the area, which can pose a risk to the safety of children and pedestrians. The heavy flow of vehicles, combined with the hustle and bustle of a gas station, may lead to congestion, making it harder for parents, caregivers, and kindergarten staff to navigate through the area safely.
Secondly, gas stations inherently involve the handling and storage of flammable materials. While safety precautions are typically in place, accidents can still happen, and the close proximity of such a facility to a kindergarten raises concerns about potential hazards. A gas station is not an ideal neighbor for a location where young children spend their time learning and playing.
Moreover, the emissions from vehicles and fuel-related activities at a gas station can contribute to air pollution.
Exposure to pollutants can have adverse health effects, particularly on young, developing lungs. Considering the vulnerability of kindergarteners and their developing respiratory systems, it becomes crucial to ensure their exposure to clean air.
Given these concerns, it would be advisable for the relevant authorities and local community to thoroughly evaluate the potential risks and benefits of having a gas station in such close proximity to a kindergarten.
Alternative locations or stricter regulations regarding the construction and operation of gas stations near educational institutions might need to be considered to prioritize the safety and well-being of the children.
Melitza Uribe
06/26/2023
714-605-9709
City Council 17 – 184 10/3/2023
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA
The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments, and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions.
NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below.
Project Location: 2230 North Tustin Avenue located within the Arterial Commercial (C5) zoning district.
Project Applicant: Fred Cohen (Applicant) Heinecke Gould Properties LLC (Property Owner) Proposed Project: City Council consideration of Appeal Application No. 2023-06, appealing the decision of the Planning Commission to: 1. Deny modification to Conditional Use Permit No. 2019-41 to construct a new service station with a 2,880 square foot canopy and a 2,150 square foot mini-mart, and 2. Deny Conditional Use Permit No. 2023-03 for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft. of a school, public park, or residence.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review. Categorical Exemption ER No. 2017-83 will be filled for this project.
Action Taken by the Planning Commission on June 26, 2023: Deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03. VOTE: 5-2-0 (Chairperson Pham and Commissioners Ramos, Woo, Escamilla, and Oliva voted yes; Commissioners Leo and Benninger voted no).
Meeting Details: This public hearing will be held on Tuesday, October 03, 2023, at 5:45 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meetingparticipation.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record.
Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk’s Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santa-ana.org/cc/city-meetings.
Who To Contact For Questions: Should you have any questions, please contact Cristian Santana with the Planning and Building Agency at [email protected] or (714) 667-2728.
Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
Jennifer L, Hall, CMC
City Clerk
City Council 17 – 185 10/3/2023
Publish: Orange County Reporter – Legals Section
Date:
1000’ RADIUS NOTIFICATION MAP
City Council 17 – 186 10/3/2023
NOTICE OF PUBLIC HEARING
BEFORE THE SANTA ANA
CITY COUNCIL
The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments, and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions.
NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below.
Project Location: 2230 North Tustin Avenue located within the Arterial Commercial (C5) zoning district.
Project Applicant: Fred Cohen (Applicant);
Heinecke Gould Properties LLC (Property Owner)
Proposed Project: City Council consideration of Appeal Application No. 2023-06, appealing the decision of the Planning Commission to: 1. Deny modification to Conditional Use Permit No. 2019-41 to construct a new service station with a 2,880 square foot canopy and a 2,150 square foot mini-mart, and 2. Deny Conditional Use Permit No. 2023-03 for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft. of a school, public park, or residence.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review. Categorical Exemption ER No. 2017-83 will be filled for this project.
Action Taken by the Planning Commission on June 26, 2023: Deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03. VOTE: 5-2- 0 (Chairperson Pham and Commissioners Ramos, Woo, Escamilla, and Oliva voted yes; Commissioners Leo and Benninger voted no).
Meeting Details: This public hearing will be held on Tuesday, October 03, 2023, at 5:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meetingparticipation.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record.
Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk’s Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santa- ana.org/cc/city-meetings.
Who To Contact For Questions: Should you have any questions, please contact Cristian Santana with the Planning and Building Agency at [email protected] or (714) 667- 2728.
Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
City Council 17 – 187 10/3/2023
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 3, 2023
TOPIC: Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street).
AGENDA TITLE
Appeal Application Nos. 2023-02 and 2023-03, appealing the decision of the Planning Commission to approve Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed-use development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street)
RECOMMENDED ACTION
Adopt a resolution denying Appeal Application Nos. 2023-02 and 2023-03 and upholding the Planning Commission’s approval of two resolutions to approve Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed-use development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street).
GOVERNMENT CODE §84308 APPLIES: Yes
EXECUTIVE SUMMARY
Andrea Maloney with Sapetto Real Estate Solutions, Inc. and representing Fairfield Realty, LLC. (applicant), on behalf of David A. Colton, trustee of David A. Colton Trust (property owner), is requesting approval of Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (for County Map No. 19243) to facilitate the construction of a mixed-use development known as Cabrillo Town Center (“Project”) at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street). Pursuant to sections 2.3 and 8.1 the Metro East Mixed-Use Overlay Zone (MEMU), in order to exercise the option to develop a mixeduse project under the MEMU, a SPR application needs to be approved. In addition, pursuant to Section 34-127, approval of a TTM application is required for projects proposing to create four or more parcels. Staff is recommending approval of the applicant’s request due to the project’s compliance with the intent of the MEMU by providing a highly quality, mid-rise, mixed-use development within an urban City Council 18 – 1 10/3/2023
Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project (1901 E.
Fourth Street)
October 3, 2023
environment. Moreover, the project meets the intent of the General Plan by promoting a pedestrian-oriented environment and will contribute to the City’s housing stock through the production of market-rate ownership and rental housing units, diverse housing product types, and payment of in-lieu affordable housing funds to facilitate the development of affordable housing in Santa Ana.
Table 1: Project Location Information and Applicable Code Sections Item Information
Project Addresses and Council
Ward
1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive – Ward 3
Nearest Intersection Fourth Street and Cabrillo Park Drive General Plan Designation District Center – Medium (DC-3) Zoning Designation Professional (P) and Village Center District of the MEMU North Cabrillo Park
East Vacant (future Central Pointe Mixed-Use
Development site)
South Medical Offices
Surrounding Land Uses
West Professional and Medical Offices
Site Size 8.97 acres (390,733 sq. ft.)
Existing Site Development The site is currently developed with four offices buildings totaling approximately 87,082 sq. ft. and associated parking and landscape.
Applicable Zoning Code Sections Chapters 41 and 34 of the Santa Ana Municipal Code and MEMU Entitlements Requested SPR and TTM
Planning Commission Action & Background
At its regular meeting on April 24, 2023, and after receiving public testimony on the item, the Planning Commission voted unanimously (6-0-0-1 with Ramos absent) to adopt a resolution approving Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed-use development known as Cabrillo Town Center at 1901 East Fourth Street.
The Planning Commission modified the conditions of approval to require the applicant to coordinate with the Public Works Agency (PWA) to develop a traffic-calming strategy along Cabrillo Park Drive. Specifically, Condition of Approval No. 19 requires the applicant to coordinate with PWA to develop a traffic-calming strategy when the project reaches 70-percent and 95-percent occupancy, and requires the applicant to implement such strategy when feasible and appropriate as determined by the City.
On May 1, 2023, Lozeau Drury, LLP, on behalf of the Supporters Alliance for Environmental Responsibility (“SAFER”), submitted an appeal application pursuant to Section 41-645 of the Santa Ana Municipal Code (SAMC) (Exhibit 1) appealing the Planning Commission’s approval of SPR No. 2023-01 and TTM No. 2023-03. In addition, on May 3, 2023, Mitchell M. Tsai, on behalf of the Southwest Mountains States Carpenters (“SWMSRCC”), also submitted an appeal application pursuant to Section City Council 18 – 2 10/3/2023
Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project (1901 E.
Fourth Street)
October 3, 2023