Planning and Building Agency
www.santa-ana.org/planning-and-building/
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 2, 2024
TOPIC: 2101 and 2109 E Santa Clara Avenue
AGENDA TITLE
Amendment Application (Zone Change) No. 2024-01 to Amend the Zoning Map District Designation for the Properties Located at 2101 and 2109 E. Santa Clara Avenue Published in the OC Reporter on March 20, 2024.
RECOMMENDED ACTIONS
1. Approve the introduction and first reading of an ordinance approving Amendment Application (Zone Change) No. 2024-01.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2024- 01 AMENDING THE ZONING FOR THE PROPERTIES LOCATED AT 2101 AND 2109 E. SANTA CLARA AVENUE (APN: 396-261-26 AND 396-261-38) FROM GENERAL AGRICULTURAL (A1) TO ARTERIAL COMMERCIAL (C5)
2. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (SCH No. 2024010298), Environmental Review No. 2023-16, prepared for the project, in accordance with the California Environmental Quality Act (CEQA).
GOVERNMENT CODE §84308 APPLIES: Yes
EXECUTIVE SUMMARY
Donald Ellis with Stream Realty Partners (applicant), representing SRP Stater Bros, LLC, a Texas Limited Liability Company (property owner), is requesting approval of Amendment Application (Zone Change) No. 2024-01, to facilitate construction of a fast food eating establishment with drive-through operations (McDonald’s) at 2101 and 2109 E. Santa Clara Avenue. The site is currently zoned as General Agricultural (A1), and the amendment application would allow a change to the zoning classification to Arterial Commercial (C5), in order to allow the proposed eating establishment and drive-through operations. Staff is recommending approval of the amendment application as the proposed project will enhance underutilized lots and provide additional services to
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residents, workers, and visitors in the area. Moreover, the project complies with the General Plan goals and policies as it seeks to preserve and improve the character and integrity of existing neighborhoods and districts through the promotion of a clean, safe, and creative environment. Lastly, the project will not negatively impact the surrounding community as the project has been designed to minimize impacts to the nearby sensitive land uses.
Planning Commission Action and Background
On February 26, 2024, the Planning Commission held a public hearing for this project and voted 4:1 (Commissioner Ramos dissenting and Commissioners Pham and Leo absent) to recommend that the City Council adopt an ordinance approving Amendment Application No. 2024-01. At the same public hearing, the Planning Commission voted 3:2 (Commissioner Escamilla and Ramos dissenting and Commissioners Pham and Leo absent) to approve Conditional Use Permit (CUP) No. 2024-01, permitting the proposed drive-through operations for McDonald’s. During the public hearing, the Planning Commission discussed items of concern, including traffic safety and historic eligibility of the two residential structures on the site. The additional items of consideration discussed by the Planning Commission are further analyzed in the Environment Impact’s Historic or Cultural Significance and Traffic and Safety Impacts sections of this staff report.
Lastly, a second CUP application for 24-hour operations of the drive-through facility was ultimately withdrawn by the project applicant at the public hearing, and was no longer considered by the Planning Commission, nor a part of the overall project approval request. As such, the project’s proposed hours of operation are between 5:00 a.m. to 12:00 a.m. (midnight) for both indoor dining and the drive-through operations, 7 days a week. Any future request for operating hours beyond midnight would require review and approval of a separate CUP for after-hours operation.
DISCUSSION
Project Description
Table 1: Project and Location Information
Item Information
Project Address and Council Ward 2101 and 2109 E. Santa Clara Avenue – Ward 3 Nearest Intersection North Tustin Avenue and East Santa Clara Avenue General Plan Designation General Commercial (GC) – No change Existing Zoning Designation General Agricultural (A1)
Proposed Zoning Designation Arterial Commercial (C5)
North Commercial center
East Drive-through restaurant
South Multi-family residential (Woodlyn North
Condominiums), preschool/kindergarten,
commercial center
Surrounding Land Uses
West California Highway Patrol station and parking for
Horizon Apartments multi-family residential
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community
Property Size 0.81-acres (35,400 square feet)
Existing Site Development
The subject sites contain two one-story, single-family
residences approximately 2,530 and 3,904 square feet in size, with associated accessory structures.
Existing Site Uses Single-family residences (2)
Proposed Building Size 3,975 square feet
Use Permissions Allowed with an amendment application (zone change) and conditional use permit (CUP).
Uses SAMC Section 41-424.5Zoning Code Sections Affected Operational Standards SAMC Section 41-425-428
The site is currently zoned as General Agricultural (A1), and the proposed project includes an amendment application (zone change) to change the zoning classification to Arterial Commercial (C5) in order to allow the proposed eating establishment and drive- through operations. As part of the overall scope of work, the applicant is proposing to demolish two residential structures and associated improvements on two legal lots (2101 and 2109 E. Santa Clara Avenue), including the associated pool, asphalt concrete paving, and vegetation, in order to construct a new 3,975-square-foot fast food establishment for McDonald’s with drive-through operations.
The eating establishment is proposed to be integrated within an existing commercial center and would maintain reciprocal access. The establishment would be accessible via three existing vehicle driveway approaches, two along Tustin Avenue and the third along Santa Clara Avenue, with no new driveway/entries proposed as part the project. However, the primary vehicular ingress and egress points and the proposed parking lot would primarily be accessible from the existing driveway along Santa Clara Avenue. The drive- through would be accessible from the existing driveway along Tustin Avenue, and vehicles would travel west/southwest along the proposed drive-through.
As proposed, the establishment would include a dual drive-through lane, limited to the ordering/menu board area and a bypass lane near the pick-up window. The two drive- through lanes will be available for ordering, which will then merge into a single drive- through lane for pick-up window services. The bypass lane will allow vehicles that have already received their meals to bypass any queued vehicles and ultimately exit via a proposed new driveway along Santa Clara Avenue. Each lane is proposed to have vehicular stacking lanes exceeding the minimum required 80 feet from the center of the pick-up window and 80 feet from the order point.
The applicant proposes various off-site and on-site improvements that include improvements to the public right-of-way (i.e., sidewalks, curbs, street lighting, and access drives), extensive landscaping (perimeter and parking lot), enhanced paving at the two driveway entries, a parking lot with 32 parking stalls, a decorative trash enclosure, and parking lot fixtures. Work would also include the removal of the western most driveway along Santa Clara and replace it with sidewalk, and rebuild the eastern most existing 2101 and 2109 E Santa Clara Avenue
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driveway located along Santa Clara Avenue. The proposed eating establishment would include fast-food operations, such as indoor food preparation, cooking, indoor and outdoor eating areas, and restrooms. It will include approximately 802 square feet of dining area with seating for over 30 guests. The proposed hours of operation are between 5 a.m. to 12 a.m. for both indoor dining and the drive-through operations, 7 days a week.
The building is designed in a California contemporary architectural style with a neutral/dark color palette and tones along the outer facades, which would involve materials such as plaster/stucco, aluminum, and metals. The site would provide approximately 8,604 square feet of landscaping throughout the site and the proposed plant palette would consist of a high quality plant materials including trees, shrubs, vines, grasses, and groundcover. The proposed planter areas would be constructed along the northern, western, and southern site perimeters and would provide decorative screening and a buffer between the eating establishment and the adjacent, off-site land uses, in addition to being placed centrally within the proposed surface parking lot and adjacent to the proposed drive-through. Table 2 below provides a detailed comparison of the project’s compliance with the applicable land use and development standards.
Table 2: Development Standards
Standard Required by General
Commercial (C5) Zone Provided
Front yard 15 feet minimum Complies; 15 feet
Side yard (interior) 0 feet minimum Complies; 29-125 feet Rear yard 0 feet minimum Complies; 39 feet
Lot Size &
Frontage 15,000 sq. ft. and 120 feet Complies; 35,400 sq. ft. and 200 ft.
Building height 35 feet maximum Complies; 23 feet
Parking 32 spaces minimum (8 spaces
per 1,000 sq. ft. restaurant) Complies; 32 spaces
Floor Area Ratio
(F.A.R.) 0.50 FAR maximum Complies; 0.11 FAR
Stacking Distance 160 feet; 80 feet to menu board
and 80 feet to pick-up window
Complies; 113 feet from the order point/
menu board to beginning of drive-through
lane, 147 feet from pick-up window/pay
window to the menu board
Project Background
The earliest aerial imagery from 1938 shows that the subject properties appear to be first developed as an orchard. No buildings or structures were present on site at this time and most of the surrounding area was used for orchards, with some houses and agricultural buildings in the vicinity. The single-family residence addressed as 2101 E.
Santa Clara Avenue was constructed at an unknown date and moved to the site in 1967. In 1967, a permit was issued to relocate the home within the site and build a new garage approximately 660 square feet in size. The single-family residence addressed as 2109 E. Santa Clara Avenue was constructed circa 1957 and included the main house and garage. The house remained surrounded by orchard trees, as well as most of the 2101 and 2109 E Santa Clara Avenue
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surrounding properties in the area. The rest of the now-commercial shopping center remained undeveloped until 1972. Today, the two subject properties are legal non- conforming, as they do not meet most of the development standards for the underlying zone and were constructed prior to 1960.
Based on permit and title records, both 2101 and 2109 E. Santa Clara Avenue were owned by the Newcomb family until they were sold to SRP Stater Bros, LLC in February 2021. In April 2022, Development Project (DP) Review application (No. 2022-06) was submitted for review and consideration by the City’s Development Review Committee (DRC). The applicant revised the project following the first community meeting in late April 2022, and subsequently resubmitted the DP application in December 2022.
Thereafter, several site plan changes and project submittals were made to the City following the second community meeting in February 2023. In March 2023, the property owners submitted a voluntary lot merger application (No. 2023-02) to consolidate 2101 and 2109 E. Santa Clara Avenue into a single legal lot. The lot merger application was executed and recorded in June 2023. Before the DP application could be deemed complete, the project underwent several months of environmental review which concluded in late December 2023. Subsequently, the DP application was deemed complete on December 13, 2023, and the required entitlement applications were submitted January 8, 2024.
Project Analysis
The subject site is zoned General Agricultural (A1). The allowable land uses and development standards pertaining to the A1 zoning district would render the project infeasible, as eating establishments are prohibited by the A1 zoning district. Approval of an amendment application to change the zoning district to Arterial Commercial (C5) is required for the project.
The proposed zone change intends to align the subject site with the existing shopping center development to the north and east, and intends to align with the commercial corridor along Tustin Avenue, which is largely zoned C5. Moreover, the proposed C5 zoning district designation is also consistent with the new General Commercial (GC) General Plan Land Use Element designation for the site that resulted from the April 2022 General Plan Update. This land use designation encourages developments that provide 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 proposed project has been designed as a single-story McDonald’s building with a maximum height of 23 feet to the top of the parapet. In designing the proposed development, consideration was given to scale, massing, and architecture of the project to ensure that it complements the existing buildings within the surrounding development.
General Plan Consistency
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The General Plan Update (GPU) was adopted in April 2022, after a seven-year effort of extensive community participation. Engagement efforts and interactions with the community included over 60 community meetings and workshops, online surveys, direct mailers to property owners and tenants, and multiple study sessions. Moreover, they included one-on-one meetings with the Planning Commission and City Council, which allowed for an informed and inclusive decision-making process. These efforts resulted in the crafting of the land use plan within the Land Use Element that reflects the community’s visions for Santa Ana’s growth and development citywide. The updated Land Use Element of the General Plan reflects and sets the community’s land use and development policies and a vision for future development of the City.
Prior to the GPU, the subject properties had a split land use designation of Institutional (INS) and General Commercial (GC). As a result of the GPU, the land use designation for the properties were updated to fully be GC, consistent with the adjacent commercial center properties. However, the GPU did result in a zoning inconsistency, as the properties were still zoned General Agricultural (A1), which does not allow for eating establishments. To address this inconsistency, the overall project includes an amendment application to change the zoning district to Arterial Commercial (C5) required for the project.
The approval of the proposed project will be consistent with the General Plan land use designation of General Commercial (GC). The project would provide an added amenity to the existing commercial shopping center and would promote a land use that enhances the City’s economic fiscal viability and mitigates any potential impacts to the surrounding community. The overall operations will contribute to the viability of the site creating a business environment that is safe and attractive. Moreover, the project has been designed to be consistent with several goals and policies of the General Plan as discussed below.
•Goal LU-2: Land Use Needs – Provide a balance of land uses that meet Santa Ana’s diverse needs
oPolicy 2.2 Capture Local Spending – Encourage a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities.
oPolicy 2.6 Encourage Investment – Promote rehabilitation of properties and encourage increased levels of capital investment to create a safe and attractive environment.
oPolicy 2.7 Business Incubator – Support land use decisions that encourage the creation, development, and retention of business in Santa Ana.
The project is consistent with Goal LU-2 and Policies 2.2, 2.6, and 2.7, as it will allow for additional service 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 2101 and 2109 E Santa Clara Avenue
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investment to rehabilitate the site to allow for a safe and attractive establishment by expanding the commercial center and improving the circulation throughout. Lastly, the proposed project would also preserve the character of the existing commercial area and promotes the rehabilitation of properties by proposing to remove a blighted and underutilized land use to create a safe and attractive environment. •Goal LU-3: Compatibility of Uses – Preserve and improve the character and integrity of existing neighborhoods and districts.
oPolicy 3.4 Compatible Development – Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment.
oPolicy 3.7 Attractive Environment – Promote a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors.
The project is consistent with Goal LU-3 and Policies 3.4 and 3.7, as the proposed improvements would preserve the character of the existing commercial area. The scale and massing of the new project is proposed to be compatible with the existing commercial center, as consideration was given to scale, massing, and architecture of the project to ensure that it complements the existing buildings within the surrounding development. Moreover, the project would include aesthetically pleasing features, such as landscaping with a variety of plant materials including trees, shrubs, vines, grasses, and groundcover, which would further help enhance the viability of the commercial center, would create a harmonious environment, and would help promote a clean and safe environment for Santa Ana’s residents, workers, and visitors. •Goal EP-1: Job Creation and Retention – Foster a dynamic local economy that provides and create employment opportunities for all residents in the City. oPolicy 1.2 Attract Business – Promote new and retain existing job- producing businesses that provide living-wage employment opportunities.
The project is consistent with Goal EP-1 and Policy 1.2, as the proposed improvements would help generate additional economic growth and stability in the City by further activating underutilized parcels and helping generate property and sales tax revenue.
Furthermore, the proposed project would help create a job-producing establishment, thereby providing employment opportunities to Santa Ana residents. •Goal EP-3: Business Friendly Environment – Promote a business friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities.
oPolicy 3.7 Facilitating Investment – Promote a solution-based customer focus in order to facilitate additional development and investment in the community.
oPolicy 3.8 Comprehensive Analysis of Land Use – Pursue a balance of fiscal and qualitative community benefits when making land use decisions.
The project would be consistent with Goal EP-3 and Policies 3.7 and 3.8, as it provides for redevelopment of existing underutilized single-family residences and promotes a 2101 and 2109 E Santa Clara Avenue
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new eating establishment that would provide services to the community. Moreover, the project would help create a friendly business environment and help the overall commercial center to enhance their business offerings and compete with nearby commercial centers. Lastly, 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.
Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations for both the Planning Commission and the City Council public hearing.
At the time this report was printed, no issues of concern were raised regarding the proposed development.
In addition to the above noticing, the project was subject to the City’s Sunshine Ordinance (Ordinance No. NS-3040) requiring two meetings to facilitate early public participation. The first community meeting was held April 21, 2022. Twelve members of the community attended and posed questions relating to hours of operation, on-site traffic circulation, and site lighting. The second community meeting was held February 2, 2023, during which over 25 members of the community attended and posed questions related to increased traffic concerns along Santa Clara Avenue, status of traffic study, status of the existing single-family homes and proposed relocation/demolition, hours of operations, entitlement timeline and process, on-site traffic circulation, and traffic collision concerns along Santa Clara Avenue. Materials from the two required community meetings are included with this report as Exhibit 6, and all materials were published to the project’s webpage on the City’s website at www.santa-ana.org/mcdonalds-drive-through-restaurant/.
ENVIRONMENTAL IMPACT
Pursuant to the requirements of the California Environmental Quality Act (CEQA), as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared for the project and has been attached to this report as Exhibit 5. The purpose of the IS/MND is to describe the proposed project and to provide an evaluation of potential environmental impacts associated with the project’s construction and operation. Moreover, the IS/MND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment.
The IS/MND determined that the proposed project would have no impact, or less than significant impacts with mitigation measures, in all topics outlined in the CEQA Environmental Checklist. Possible impacts identified in the IS/MND include those 2101 and 2109 E Santa Clara Avenue
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related to Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance. With implementation of mitigation measures (MM) listed below, all potential impacts would be less than significant.
•MM CUL-1: Prior to issuance of the grading permit, the Applicant shall retain an Orange County-certified archaeologist to observe grading activities within previously undisturbed soils, and to salvage and catalogue archaeological resources as necessary.
•MM GEO-1: Prior to commencement of earthmoving activities, the Applicant shall retain a qualified Orange County-certified Paleontologist for on-call services in the event of a discovery of paleontologically sensitive rock formations during ground disturbance activities.
•MM HAZ-1: Any additional materials discovered during demolition activities shall be collected and analyzed prior to removal or disturbance of materials. •MM HAZ-2: Prior to demolition, all asbestos containing materials (ACMs) and asbestos containing construction materials (ACCMs) shall be removed from the structures at the Project site.
•MM TCR-1: Prior to commencement of ground disturbing activities, the Applicant shall retain a Native American Monitor.
•MM TCR-2: Upon discovery of any Tribal Cultural Resource Objects, all construction activities in the immediate vicinity shall cease. •MM TCR-3: Upon discovery of any human remains and associated funerary or ceremonial objects, actions pursuant to Public Resource Code 5097.98 and Health and Safety Code 7050.5 shall occur.
The IS/MND’s analysis determined that the above-mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable mitigation measures, that would be adopted by the City. The final Mitigation and Monitoring and Reporting Program (MMRP) can be found as part of the overall environmental documents provided in Exhibit 5.
Historic or Cultural Significance
Two built environment resources over 45 years old were identified within the project site: 2101 and 2109 East Santa Clara Avenue. The properties were recorded and evaluated for historical significance on the appropriate set of State of California Department of Parks and Recreation (DPR) Forms in consideration of California Register of Historic Resources (CRHR) and local City designation criteria and integrity requirements. Both properties were found not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit.
More specifically, what remains of both properties lacks both historical significance and integrity such that they do not meet any state or local criteria/integrity requirements for 2101 and 2109 E Santa Clara Avenue
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designation. The City’s environmental consultant closely reviewed and applied criteria for evaluation, as outlined by the U.S. Department of the Interior, National Park Service, as part of their significance evaluation. The evaluation was included as Appendix C in the Draft Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the project.
Their significant evaluation summarized that the Newcombs were one of many early families that arrived in the Santa Ana area in the 1870s and 1890s. The family owned a sizable tract of land and used it for agricultural purposes and built a family homestead in the 1920s nearby at the corner of what is now Tustin and Santa Clara avenues. Robert Henry Newcomb was the grandson of this early Santa Ana family, and it appears that he built the existing ranch house on the project site in circa 1957. However, from the 1950s through the early 1970s, much of Santa Ana, including Santa Clara Avenue, experienced a postwar development boom and numerous homes were constructed on what was previously agricultural land. During this period, the original family homestead from the 1920s (which best represented the Newcomb family) was demolished by 1972.
From circa 1957 to 2021, multiple Newcomb family members lived in the ranch house (2109 E. Santa Clara Avenue), including Robert Henry Newcomb. Robert owned a successful shoe store in downtown Santa Ana for approximately 60 years; the store was eventually sold in 1980. Members of the Newcomb family continued to own the ranch house from circa 1957 to 2021, when they sold the property to SRP Stater Bros, LLC, the entity that owns the adjacent commercial center to the north of the project site.
Although the Newcombs were one of the City’s early families, they were not the first family to settle in the area from the 1870s to the 1890s, and no evidence was found to suggest that the Newcomb family made any significant contribution to the history of Santa Ana or to its early agricultural industry. While Robert Newcomb had a successful business for many years, his business and his contribution to his profession were not revolutionary or impactful from a historical perspective. Additionally, the ranch house was constructed much later than the original family homestead and long after the arrival of the family in the area in 1883. Furthermore, the original setting for the ranch house is unrecognizable today as a result of significant commercial and residential development in the area that included the demolition of the Newcomb family homestead by 1972.
Given the lack of significant historical associations, lack of significant contributions to the history of the City, and a lack of integrity of setting, neither single-family structure rises to the level of significance required for designation under any State or local criteria. This includes the City of Santa Ana’s local historic preservation ordinance (Chapter 30 – Places of Historical and Architectural Significance). Specifically, the criteria for local designation into Santa Ana Register of Historical Properties “Register,” outlined in Section 30-2 (Criteria for Selection) of the Santa Ana Municipal Code (SAMC). Therefore, with respect to built environment resources, the proposed project will have a less than significant impact on historical resources under CEQA.
Traffic and Safety Impacts
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A Transportation Analysis was prepared for the proposed project by Urban Crossroads, dated August 16, 2023. The findings of the analysis were summarized in Section 4.17 (Transportation) of the IS/MND, and the Transportation Analysis in its entirety is included as Appendix K to the Draft IS/MND. The Transportation Analysis included a Level of Service (LOS) analysis, which is a qualitative description of traffic flow based on several factors including speed, travel time, delay, and freedom to maneuver.
Moreover, the project specific Transportation Analysis conducted a traffic signal warrant analysis to determine the potential need for installation of a traffic signal at an otherwise unsignalized intersection, including at the intersection of the Driveway 1 (located along Santa Clara Avenue) and Santa Clara Avenue, and the intersection between Tustin Avenue and Driveway 2 (located along Tustin Avenue). Lastly, a Vehicles Miles Traveled (VMT) Screening Evaluation was prepared by Urban Crossroads, dated December 11, 2023 and included as Appendix L to the Draft IS/MND.
The Transportation Analysis addressed traffic conditions for multiple different scenarios, including existing (2022) baseline conditions, existing with Project conditions, opening year (2023) cumulative without Project conditions, opening year cumulative with Project conditions, horizon year without Project conditions (2040), and horizon year with Project conditions. A queuing analysis was performed for the left turning movements at the intersection of Tustin Avenue and Santa Clara Avenue to assess vehicle queues along the roadways and prevent dangerous intersections. In summary, the intersection left turning movements currently experience and are anticipated to experience acceptable queuing during the peak hours based on the 95th percentile peak hour traffic flows for each of the scenarios proposed above. The queuing analysis findings are presented in Appendix K to the Draft IS/MND.
As concluded by the Transportation Analysis, the addition of project traffic would not trigger the City of Santa Ana’s significance criteria, and no traffic signal is warranted for either intersection, intersection of the Driveway 1 (located along Santa Clara Avenue) and Santa Clara Avenue, and the intersection between Tustin Avenue and Driveway 2 (located along Tustin Avenue). Moreover, the Transportation Analysis performed a drive-through analysis to determine if the proposed circulation plan provided adequate on-site drive-through storage capacity to accommodate the peak on-site vehicle demand. Ultimately, the drive-through analysis suggested that the project would provide stacking accommodations for approximately 16 vehicles within the drive-through, and there would be sufficient capacity to accommodate average and peak vehicle demands for the proposed project.
In 2013, the State of California signed into law Senate Bill 743 (SB 743), which changes how transportation impacts are analyzed under the California Environmental Quality Act (CEQA) in order to help reduce transportation impacts. Specifically, in an effort to reduce greenhouse gas impacts and create long-term sustainability, SB 743 changed the standard for evaluating transportation impacts under CEQA from a LOS standard to Vehicle Miles Traveled (VMT) standard. This statewide mandate went into effect July 1, 2101 and 2109 E Santa Clara Avenue
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2020. In 2019, the City of Santa Ana adopted Traffic Impact Study Guidelines (dated September 2019), which states that several types of projects can be screened out from a VMT assessment using identified criteria, indicating that these projects have the potential to reduce VMT per service population and result in a less-than-significant transportation impacts. The City’s Guidelines list standardized screening methods for project level VMT analysis that can be used to identify when a proposed land use development project is anticipated to result in a less than significant impact thereby eliminating the need to conduct a full VMT analysis. The City of Santa Ana VMT screening types, as described within the City Guidelines, are listed below:
•Transit Priority Area (TPA) Screening
•Low VMT Area Screening
•Project Type Screening
A land use project need only to meet one of the above screening thresholds to result in a less than significant impact. Pursuant to the VMT Screening Evaluation prepared by Urban Crossroads, the project did not meet the threshold for TPA or Low VMT screening. However, the project was found to meet the Project Type screening criteria.
Pursuant to the City of Santa Ana Traffic Impact Study Guidelines (dated September 2019), local serving retail projects less than 50,000 square feet may be presumed to have a less than significant impact absent substantial evidence to the contrary. The proposed project would develop a drive-through quick serve restaurant of 3,975 square feet, which is below the 50,000 square feet project type screening threshold as identified. Therefore, the project is presumed to result in a less than significant impact for VMT, and thus no further VMT analysis was required and no mitigation measures were required. Lastly, the VMT Screening Evaluation was thoroughly peer reviewed by the City’s Traffic Engineer and the City’s CEQA consultant, both of which concluded that the VMT Screening Evaluation prepared for the project shows the project is screened out from any full VMT analysis.
Overall, the project would incorporate all recommendations provided by the Transportation Analysis. These include that the project maintain existing traffic controls and configuration at project driveways, and that on-site traffic signing and striping should be implemented agreeable with the provisions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and in conjunction with detailed construction plans for the project site. Additionally, the applicant’s responsibility for the project’s contributions towards deficient off-site intersections is fulfilled through payment into pre-existing fee programs that would be assigned to the future construction of any future local/regional improvement needs (e.g., payment of fair share and/or fees for the applicable pre-existing fee programs/permit impact fees).
With incorporation of all recommendations provided by the Transportation Analysis, the project would not substantially increase traffic hazards or congestion. Nonetheless, the applicant has agreed to install additional traffic safety enhancements as requested by the City Engineer to ensure that traffic circulation patterns are not further impacted or 2101 and 2109 E Santa Clara Avenue
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worsened, and ensure that the proposed operations will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. These include, but are not limited to, onsite traffic signage and directional pavement markings to prohibit left turns from the project’s driveway onto Santa Clara Avenue.
Public Review Process
The IS/MND’s Notice of Intent (NOI) was posted to the County Clerk on January 12, 2024, for the required 20-day public comment period, which ended on February 1, 2024.
The NOI was also mailed out to all properties within a 1,000-foot radius of the project site. The IS/MND was made available for public view at the City Hall Planning counter, Santa Ana Library in the Civic Center, and on the City website.
A total of five comment letters from one agency and four individuals were received during and immediately after the public review period. The City has reviewed all comments to determine whether any substantial new environmental issues have been raised. Moreover, the City has provided responses to all written comments, which can be found in the Responses to Comments (RTC) and MMRP document. Based on the evaluation in the IS/MND together with the comments received, the City has determined that no substantial new environmental issues have been raised that have not been adequately addressed in the IS/MND and/or in this RTC and MMRP document. All potential impacts associated with the project were found to be less than significant with incorporation of identified mitigation measures, where applicable. Therefore, the project would not result in any significant impacts and an IS/MND is the appropriate environmental document for the project in accordance with CEQA and the State CEQA Guidelines. The City’s final RTC and MMRP document is provided in Exhibit 5. As of this printing, no additional comments or communications from the public have been received on the IS/MND. Based on this analysis, a Notice of Determination, Environmental Review No. 2023-16 will be filed for this project.
ECONOMIC AND FISCAL IMPACTS
Jobs that would be created during construction would be short-term and would be typically filled by existing residents of the region. The project would include a maximum of twelve permanent employees working approximately three shifts per day, which would result in a maximum of 36 employees per day. As with the temporary construction workers, long-term operation employees are anticipated to be filled by existing residents of the region.
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Amendment Application Ordinance
2. Vicinity Zoning and Aerial Map
3. Site Photos
4. Full Project Plans
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5. Initial Study Mitigated Negative Declaration (IS/MND)
6. Sunshine Ordinance Meetings Documents
7. Planning Commission Agenda Packet with Public Comments Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Tom Hatch, Interim City Manager