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HomeMy WebLinkAboutRESO 2018-22_2407 S BRISTOL STREETRESOLUTION NO. 2018-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-06 AS CONDITIONED TO ALLOW AFTER-HOURS (24-HOUR) OPERATION AT AN IHOP RESTAURANT LOCATED AT 2407 SOUTH BRISTOL STREET 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. John Dodson (Applicant), representing IHOP Restaurant, is requesting approval of Conditional Use Permit No. 2018-06 to allow a new IHOP Restaurant to operate after-hours (24 -hours) at the property located at 2407 South Bristol Street. B. Santa Ana Municipal Code Section (SAMC) 41-365.5 requires any eating establishment open between the hours of 12:00 a.m. and 5:00 a.m. that is located within one hundred and fifty (150) feet of residentially zoned or used property measured from property line to property line to obtain a conditional use permit. C. On June 11, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2018-06. D. The Planning Commission determines that the following findings, which must be established in order to grant this conditional use permit pursuant to SAMC Section 41-638, have been established for Conditional Use Permit No. 2018-06: 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 neighboring community of the subject site is comprised of commercial and residential uses. The community would benefit from the approval of an after-hours (24-hour) conditional use permit for a restaurant as it will allow additional hours of dining opportunity conveniently located in close proximity to three neighborhoods. The subject site is developed as part of an integrated shopping center. The center provides a multitude of uses which offer complementary retail and service opportunities. The center Resolution No. 2018-22 Page 1 of 5 also provides a row of buildings constructed at the east where any potential impacts to the nearest residential uses, such as noise, parking or other nuisances, will be mitigated. Thus, approval of this conditional use permit will not negatively impact the surrounding community. 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 24-hour operation of an IHOP Restaurant at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed use is a family -friendly eating establishment that is not proposing to provide on-site consumption of alcoholic beverages. In addition, the Police Department has determined that, despite calls for service, there are no crime related issues and therefore does not object to granting the conditional use permit. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will allow the IHOP Restaurant to extend hours of operation to compete with other after-hours businesses located within close proximity. Moreover, offering extended operating hours allows IHOP to contribute to the overall success of the City by creating jobs and promoting a balance of land uses that enhance the City's economic and fiscal viability. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment operating after-hours pursuant to Chapter 41 of the Santa Ana Municipal Code. The establishment will contain the necessary equipment and comply with the operational standards applicable to after- hours establishments that will prevent or mitigate any negative impacts from the restaurant onto adjacent properties. 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. Resolution No. 2018-22 Page 2 of 5 The granting of this conditional use permit will not adversely affect the General Plan. The proposed after-hours operations at this location is consistent with several goals and policies of the General Plan. Goal 2 and Goal 5 of the Land Use Element promotes land uses that enhance the City's economic and fiscal viability and mitigate any potential impacts to the surrounding community. The proposed after- hours use is also consistent with Policy 2.2, 2.6 and 5.5 of the Land Use Element which encourages land uses that accommodate the City's needs for goods and services and the creation of new employment opportunities in developments which are compatible with the surrounding land uses. IHOP is located in an integrated commercial shopping center within a General Commercial (C2) land use designation and is thus compatible with the surrounding uses. The proposed after-hours use also provides a broader range of customers with a service and offers employment opportunity throughout the extended hours. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow after-hours operation. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-06 as conditioned as set forth in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 11, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2018-22 Page 3 of 5 ADOPTED this 111h day of June, 2018. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LE MCLOUGHLIN, NGUYEN, VERINO (6) NOES: Commissioners: ABSENT: Commissioners: MENDOZA (1) ABSTENTIONS: Commissioners: '` MakycLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:'x/ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-22 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 11, 2018. Date: Commission Secretary City of Santa Ana Resolution No. 2018-22 Page 4 of 5 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-06 Conditional Use Permit No. 2018-06 to allow the after-hours operation (24 hours) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed belowrip for to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. Any and all existing or new lighting on the building's exterior must be maintained in proper working order. 2. All exterior lighting will be directed towards the restaurant and/or sidewalk and not towards other properties. 3. Onsite landscaping shall be maintained in accordance with all applicable SAMC and Citywide Design Guideline requirements at all times. Resolution No. 2018-22 Page 5 of 5