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HomeMy WebLinkAbout06-11-18_AGENDA PACKET City of Santa Ana Planning Commission Regular Meeting Agenda June 11, 2018 CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California 5:30 P.M. MARK McLOUGHLIN Chair, Citywide Representative CYNTHIA CONTRERAS-LEO Vice Chair, Ward 5 Representative ERIC ALDERETE Ward 1 Representative LYNNETTE VERINO Ward 2 Representative KENNETH NGUYEN Ward 3 Representative PHIL BACERRA Ward 4 Representative BEATRIZ MENDOZA Ward 6 Representative The Planning Commission Agenda can be found online at http://www.ci.santa-ana.ca.us/coc/granicus.asp Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org by 3 p.m. the day of the meeting; emails received after said time will be on file for public viewing the day after the meeting. If you need special assistance to participate in this Planning Commission meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Lisa E. Storck Legal Counsel Candida Neal, AICP Planning Manager Sarah Bernal Recording Secretary Minh Thai Executive Director PLANNING COMMISSION AGENDA 1 JUNE 11, 2018 Basic Planning Commission Meeting Information Five-Year Strategic Plan (2014-2019) Detailed information at: http://www.santa-ana.org/strategic-planning/ Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana ********* Code of Ethics and Conduct - The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissi ons, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Agenda Information - The agenda descriptions provide the public with a general summary of the items of business to be considered by the Planning Commission. The Planning Commission is not limited in any way by the “Recommended Action” and may take any action which the Commission deems to be appropriate on an agenda item. Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda. Public Comments/Public Input - Pursuant to Government Code Sec. 54954.3, the public may address the Planning Commission on any and all matters within the Commission’s jurisdiction. At the discretion of the Chair, at the first Public Comment portion of the meeting, all comments may be considered jointly. The public will be given the opportunity to speak on any and all matters contained on any of the Consent Calendar and Business Calendar items an d/or on issues of public interest within the jurisdiction of the Commission. Members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be submitted i n writing to the Commission Secretary at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE CHAIR. When speaking, all persons addressing the Planning Commission shall follow the rules of decorum as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the Planning Commission and will be enacted by one motion without discussion unless a member of the Commission “pulls” an item(s) from the consent calendar for a separate vote. Senate Bill 343 - As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Agenda & Minutes - Staff reports and documents relating to each agenda item are on file in the office of the Planning & Building Agency and are available for public inspection during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Thursday and alternate Fridays. The Planning & Building Agency is located in City Hall Ross Annex, 20 Civic Center Plaza, 2nd Floor, Santa Ana, California, (714)667- 2700. Council meeting agendas, staff reports, and minutes are available the Friday before a Planning Commission meeting at the following website address: www.santa-ana.org PLANNING COMMISSION AGENDA 2 JUNE 11, 2018 CITY OF SANTA ANA PLANNING COMMISSION SPECIAL MEETING AGENDA JUNE 11, 2018 5:30 P.M. CALL TO ORDER CHAIR MCLOUGHLIN COMMISSION MEMBERS ALDERETE, BACERRA, CONTRERAS-LEO, MENDOZA, NGUYEN, VERINO ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. No action may be taken on non-agenda items unless authorized by law. RECOMMENDED ACTION: Approve staff recommendation on the following Consent Calendar Item: A. A. MINUTES FROM THE REGULAR MEETING OF MAY 14, 2018 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. A. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * ** CONSENT CALENDAR All matters listed under the Consent Calendar are considered routine by the Planning Commission. These items will be enacted by one motion without discussion unless otherwise directed by the Chairperson. Persons wishing to speak regarding Consent Calendar matters should file a "Reques t to Speak" form with the Recording Secretary. PLANNING COMMISSION AGENDA 3 JUNE 11, 2018 PUBLIC HEARING 1. CONDITIONAL USE PERMIT NOS. 2018-11 AND 2018-12 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON AND OFF PREMISE CONSUMPTION AT LA BAHIA DE ACAPULCO RESTAURANT AND MARKET LOCATED AT 1606 SOUTH STANDARD AVENUE, UNIT 101 – ROBERTA HURTADO, APPLICANT {STRATEGIC PLAN NO. 3, 2} RECOMMENDED ACTIONS: 1. Adopt a resolution approving Conditional Use Permit No. 2018 -11 to allow the sale of alcoholic beverages for off-premise consumption as conditioned; and 2. Adopt a resolution approving Conditional Use Permit No. 2018 -12 to allow the sale of alcoholic beverages for on-premise consumption as conditioned. 2. CONDITIONAL USE PERMIT NO. 2018-06 TO ALLOW THE AFTER- HOURS OPERATIONS AT A PROPOSED IHOP RESTAURANT LOCATED AT 2407 SOUTH BRISTOL STREET – JOHN DODSON, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 5} RECOMMENDED ACTIONS: Adopt a resolution approving Conditional Use Permit No. 2018-06 as conditioned. * * * END OF BUSINESS CALENDAR * * * COMMENTS 3. STAFF COMMENTS 4. PLANNING COMMISSION MEMBER COMMENTS ADJOURNMENT – The next regular meeting of the Planning Commission is scheduled for Monday, June 25, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. BUSINESS CALENDAR All matters listed under the Business Calendar are generally items requiring discussion and action. Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. 1 PLANNING COMMISSION MINUTES May 14, 2018 ACTION MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA, CALIFORNIA May 14, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 5:32 P.M. ATTENDANCE COMMISSIONERS Present: PHIL BACERRA MARK MCLOUGHLIN, Chair CYNTHIA CONTRERAS-LEO, Vice-Chair BEATRIZ MENDOZA KENNETH NGUYEN LYNNETTE VERINO COMMISSIONERS Absent: ERIC ALDERETE STAFF Present: MINH THAI, Executive Director CANDIDA NEAL, Planning Manager LISA STORCK, Assistant City Attorney IVAN OROZCO, Case Planner JERRY GUEVARA, Case Planner ESCARLET MAR, Case Planner SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE Commissioner Mendoza Chair McLoughlin announced Commissioner Alderete would no longer be participating in the meeting via telephone conference. PUBLIC COMMENTS (on non-agenda items) Dale Helvig spoke in opposition to the proposed project located at 2525 North Main Street; opined that project is incompatible with the area. CONSENT CALENDAR MOTION: Approve staff recommendation on Consent Calendar Items A-B. Items highlighted yellow were pulled for separate action. A. MINUTES FROM THE REGULAR MEETING OF APRIL 23, 2018 A-1 2 PLANNING COMMISSION MINUTES May 14, 2018 MOTION: Approve Minutes as amended. MOTION: Nguyen SECOND: Bacerra VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) B. EXCUSED ABSENCES MOTION: Excuse the absence of commission members: Alderete. MOTION: Nguyen SECOND: Bacerra VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) * * * END OF CONSENT CALENDAR * ** BUSINESS CALENDAR ITEMS PUBLIC HEARINGS 1.SITE PLAN REVIEW NO. 2017-09 AND DENSITY BONUS AGREEMENT NO. 2017-02 TO ALLOW THE CONSTRUCTION OF A 552-UNIT MIXED-USE AFFORDABLE RESIDENTIAL COMMUNITY WITH 10,000 SQUARE FEET OF COMMERCIAL SPACE LOCATED AT 2110 AND 2114 EAST FIRST STREET Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Staff requested the matter be continued to a date specified. MOTION: Continue the matter to a meeting scheduled on May 21, 2018. MOTION: Bacerra SECOND: Mendoza VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) A-2 3 PLANNING COMMISSION MINUTES May 14, 2018 NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 2.CONDITIONAL USE PERMIT NO. 2017-34 AND 2017-35 TO ALLOW AFTER-HOURS OPERATION UNTIL 2:00 A.M. AND THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT MAIN SPORTS GRILL LOCATED AT 2531 SOUTH MAIN STREET Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Case Planner Mar provided a presentation which included a description of the project, project background and project analysis. Discussion ensued regarding an entertainment permit, community outreach, chronology of events and outdoor activities. The applicant spoke in support of the matter. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. Commissioner Bacerra and Commissioner Mendoza indicated that they would not be able to support the matter because the applicant had operated without proper permits. MOTION: 1.Adopt a resolution denying Conditional Use Permit No. 2017-34 to allow after- hours operation until 2:00 a.m. 2.Adopt a resolution denying Conditional Use Permit No. 2017-35 to allow the sale of alcoholic beverages for on-premise consumption. MOTION: Bacerra SECOND: Mendoza VOTE: AYES: Bacerra, Mendoza (2) NOES: Contreras-Leo, McLoughlin, Nguyen, Verino (4) ABSTAIN: None (0) ABSENT: Alderete (1) *Vote was taken by roll call. Motion fails 2:4. A-3 4 PLANNING COMMISSION MINUTES May 14, 2018 Further discussion ensued regarding the need for applicants to obtain proper permits before operating. Commission generally agreed that the applicant should be granted the conditional use permit with a condition that it be reviewed after six months. Commissioner Verino moved to approve staff’s recommended actions. Commissioner Nguyen introduced a friendly amendment to modify Condition No. 6 of the Conditions of Approval. Commissioner Verino accepted the amendment. MOTION: 1.Adopt a resolution approving Conditional Use Permit No. 2017-34 to allow after- hours operation until 2:00 a.m. 2.Adopt a resolution approving Conditional Use Permit No. 2017-35 to allow the sale of alcoholic beverages for on-premise consumption. With the following modification to Condition No. 6 of the Conditions of Approval: Conditional Use Permits Nos. 2017-34 and 2017-35 shall be reviewed after one year six months, at which time a memo shall be prepared for the Planning Commission detailing any and all code enforcement and/or Police Department activity on-site. MOTION: Verino SECOND: Contreras-Leo VOTE: AYES: Contreras-Leo, McLoughlin, Nguyen, Verino (4) NOES: Bacerra, Mendoza (2) ABSTAIN: None (0) ABSENT: Alderete (1) 3.CONDITIONAL USE PERMIT NO. 2018-07 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT A GUS’S WORLD FAMOUS FRIED CHICKEN PROPOSED AT 102 NORTH SYCAMORE STREET. Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Case Planner Orozco provided a presentation which included a description of the project, project background and project analysis. Discussion ensued regarding public access, modifications to the building, shared bathrooms, and operating hours. The applicant spoke in support of the matter. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2018-07. A-4 5 PLANNING COMMISSION MINUTES May 14, 2018 MOTION: Bacerra SECOND: Verino VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 4.CONDITIONAL USE PERMIT NO. 2018-08 TO ALLOW AN EXISTING 58-FOOT TALL WIRELESS COMMUNICATION FACILITY LOCATED AT 2907 SOUTH CRODDY WAY. Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Case Planner Mar provided a presentation which included a description of the project, project background and project analysis. Discussion ensued regarding the Conditions of Approval. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Adopt a resolution approving Conditional Use Permit No. 2018-08 as conditioned. MOTION: Nguyen SECOND: Mendoza VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 5.CONDITIONAL USE PERMIT NO. 2018-09 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AT FURAIBO RESTAURANT LOCATED AT 3396 SOUTH BRISTOL STREET. Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Case Planner Guevara provided a presentation which included a description of the project, project background and project analysis Discussion ensued regarding the operating hours and certificate of occupancy. The applicant spoke in support of the matter. A-5 6 PLANNING COMMISSION MINUTES May 14, 2018 Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Bacerra SECOND: Contreras-Leo VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) 6. CONDITIONAL USE PERMIT NO. 2018-10 TO ALLOW AN EXISTING 53-FOOT TALL WIRELESS COMMUNICATION FACILITY LOCATED AT 2555 SOUTH MAIN STREET. Legal notice published in the Orange County Reporter on May 4, 2018 and notices mailed on May 3, 2018. Case Planner Mar provided a presentation which included a description of the project, project background and project analysis. Chair McLoughlin opened the Public Hearing. There were no speakers and the Public Hearing was closed. MOTION: Verino SECOND: Contreras-Leo VOTE: AYES: Bacerra, Contreras-Leo, McLoughlin, Mendoza, Nguyen, Verino (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Alderete (1) ***END OF BUSINESS CALENDAR*** COMMENTS 7. STAFF COMMENTS: None. 8. PLANNING COMMISSION MEMBER COMMENTS: All Commissioners welcomed new Executive Director, Minh Thai. Commissioner Bacerra A-6 7 PLANNING COMMISSION MINUTES May 14, 2018 Requested an update on the Mental Health Association. o Staff indicated that there is a pending code enforcement case; will provide an updated once the case is closed. Commissioner Contreras-Leo Happy belated Mother’s Day. Commissioner Mendoza Happy belated Mother’s Day. Asked if businesses are required to submit new floor plans. o Staff indicated that new plans are only required if site has been modified or vacant for more than six months. ADJOURNED – 6:52 P.M. - The next meeting of the Planning Commission is scheduled for Monday, May 21, 2018 at 5:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-7 This page left blank intentionally. 1-1 1 - 2 1-3 1 - 4 1-5 This page left blank intentionally. 1-6 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-11 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2018-12 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT LA BAHIA DE ACAPULCO MARKET AND RESTAURANT LOCATED AT 1606 SOUTH STANDARD AVENUE, UNIT 101 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. Roberta Hurtado (“Applicant”), owner of La Bahia De Acapulco Market and Restaurant, is requesting approval of Conditional Use Permit No. 2018-11 to allow the sale of alcoholic beverages for off-premises consumption and Conditional Use Permit No. 2018-12 to allow the sale of alcoholic beverages for on-premises consumption at an existing market and restaurant located at 1606 South Standard Avenue, Unit 101. B. La Bahia De Acapulco Market and Restaurant currently operates with a Type-20 (beer and wine) off-sale alcoholic beverage control (ABC) license and is requesting approval to allow operation of a Type-41 (beer and wine) off-sale ABC license. C. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off-premises consumption. D. On June 11, 2018, the Planning Commission held a duly noticed public hearing on Conditional Use Permit Nos. 2018-11 and 2018-12. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2018-11 to allow the sale of alcoholic beverages for off-premises consumption: 1.That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. La Bahia De Acapulco currently operates with a Type-20 (beer and wine) ABC license and approval of the conditional 1-7 EXHIBIT 1 use permit (CUP) will bring the use into compliance with the Santa Ana Municipal Code, as off-premises consumption is currently taking place as a legal non-conforming use. In addition, the establishment will continue to provide a service and convenience to the community as it has for numerous past years. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect 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 existing establishment has not been a detriment to the health, safety, or general welfare of persons residing or working in the vicinity over the past years and will continue to not be detrimental. In addition, the operational standards applicable will mitigate any potential negative or adverse impacts created by the use. All of the operational standards identified in SAMC Sec. 41-196(f) will apply to this establishment. 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The existing sale of alcoholic beverages for off-premises consumption has not adversely affected the economic stability of the area and will actually enhance the economic stability of the area. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. Conditional Use Permit No. 2018-11 will bring the use into compliance with Chapter 41 of SAMC and the establishment will comply with all applicable regulations and operational standards applicable to establishments with off-premises consumption. Operational standards will ensure that the establishment remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 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. 1-8 The existing off-sale consumption of alcoholic beverages has not and will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan such as Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Policy 5.3 of the Economic Development Element aims to simplify development permit requirements, and assist businesses with permit processing. La Bahia De Acapulco is located in a commercial center and its operation is compatible with the surrounding land uses. F. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2018-12 to allow the sale of alcoholic beverages for on-premises consumption: 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 sale of alcoholic beverages for on-premises consumption at this location will provide an ancillary service to the restaurant’s customers by allowing them the ability to purchase a variety of alcoholic beverages to enjoy with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. Operational standards applicable to the alcoholic beverage control license will mitigate any potential impacts created by the use and ensure that the use will not negatively affect 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 sale of alcoholic beverages for on-premises consumption at this location will not be detrimental to those living or working in the area because operational standards applicable to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by this use. La Bahia De Acapulco is a restaurant and market and the sale of alcohol for on premises consumption will be ancillary to the primary uses. 1-9 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 instead allow the establishment to compete with other nearby establishments that also offer beer and wine to their guests and provide a one-stop experience to its visitors. Moreover, the offering of alcoholic beverages will allow La Bahia De Acapulco to remain economically viable and competitive and contribute to the overall success of the City of Santa Ana. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The establishment will be in compliance with all applicable regulations and standards imposed to establishments selling alcoholic beverages for on-premise consumption pursuant to Chapter 41 of the SAMC. The facility will be maintained as a bona-fide eating establishment, having a suitable kitchen and offering an assortment of food dishes. 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 proposed sale of alcoholic beverages for on-premises consumption at this location will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan such as Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Policy 5.3 of the Economic Development Element aims to simplify development permit requirements, and assist businesses with permit processing. La Bahia De Acapulco is located in a commercial center and its operation is compatible with the surrounding land uses. 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 the off-premises sale of alcoholic beverages and the on-premises sale of alcoholic beverages at a full-service restaurant and market within an existing structure. 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 expansion of square footage is proposed. 1-10 Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees (“Indemnitees”), from any and all liability, claims, actions or proceedings that may be brought against Indemnitees to attack, review, set aside, void or annul the decision of the Indemnitees concerning this permit, any environmental review or approval, or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validy of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with any such proceeding. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-11 and Conditional Use Permit No. 2018-12 as conditioned as set forth in Exhibit A, attached hereto and incorporated herein, for the property located at 1606 South Standard Avenue, Unit 101. 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. ADOPTED this 11th day of June, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 1-11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx 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 1-12 EXHIBIT A Conditions of Approval for Conditional Use Permit Nos. 2018-11 and 2018-12 Conditional Use Permits Nos. 2018-11 and 2018-12 for off-premises and on-premises consumption of alcoholic beverages at 1606 South Standard Avenue, Unit 101, are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by these two (2) conditional use permits. The Applicant must remain in compliance with all conditions listed below throughout the life of each conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit(s). 1.The sales, service, and consumption of alcoholic beverages shall be permitted in accordance with the operational standards for on-sale establishments pursuant to Section 41-196(g) of the Santa Ana Municipal Code (SAMC). 2.Onsite landscaping shall be maintained in accordance with all applicable SAMC sections and the Citywide Design Guideline requirements at all times. 3.The following on-site improvements shall be performed prior to the release of this resolution: a.Remove all barrels located on site. b.The parking lot shall be restriped in accordance to Sec. 41-1303 of the SAMC. Parking stalls shall be double striped and shall not be less than eight (8) feet, six (6) inches wide and eighteen (18) feet long. c.Fill in pavement cracks with a layer of slurry seal as needed. d.Restore the damaged 6-inch landscape curb of the landscape planter located adjacent to the Standard Avenue driveway. e.Once these conditions and improvements have been addressed, contact the case planner to schedule an inspection. The case planner will verify that all conditions and improvements have been met and will release the resolution to the Applicant. 1-13 . CUP No. 2018-11 & CUP No. 2018-12 for La Bahia De Acapulco1606 S. Standard Ave, Unit 101 Exhibit 2 - Vicinity Zoning & Aerial Map Santa Ana Boundary Zoning 180 feet 1-14 CUP No. 2018-11 & CUP No. 2018-12 for La Bahia De Acapulco 1606 S. Standard Ave, Unit 101 Exhibit 3 – Site Photo 1-15 CUP No. 2018-11 & CUP No. 2018-12 for La Bahia De Acapulco 1606 S. Standard Ave, Unit 101 Exhibit 4 – Site Plan 1-16 CUP No. 2018-11 & CUP No. 2018-12 for La Bahia De Acapulco 1606 S. Standard Ave, Unit 101 Exhibit 5 – Floor Plan Alcohol Storage/ Display Area 1-17 This page left blank intentionally. 2-1 2-2 2-3 2-4 Resolution No. 2018-xx Page 1 of 5 RESOLUTION NO. 2018-XX 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-hour) 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. and is located within one hundred and fifty 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 EXHIBIT 1 2-5 Resolution No. 2018-xx Page 2 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 the calls for service, there is 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. 2-6 Resolution No. 2018-xx Page 3 of 5 The granting of this conditional use permit and 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 for the project located at 2407 South Bristol Street. 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. ADOPTED this 11th day of June, 2018. AYES: Commissioners: 2-7 Resolution No. 2018-xx Page 4 of 5 NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ 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-xx 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 2-8 Resolution No. 2018-xx Page 5 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 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 below prior 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. 4.All activities shall be conducted inside the building. In the event the applicant wishes to provide outdoor dining, the applicant shall submit plans to the Planning Division for review after which the Planning Manager will determine if administrative relief is available or if the project must be reviewed by the Planning Commission to properly consider safety, health, and use adjacency issues. 2-9 This page left blank intentionally. 5/24/2018 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 CUP 2018-06-AHR, IHOP Restaurant2407 South Bristol Street Exhibit 2 - Vicinity Zoning and Aerial View © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 2-10 CUP No. 2018-06-AHR IHOP Restaurant 2407 SOUTH BRISTOL STREET Exhibit 3 2-11 CUP No. 2018-06-AHR IHOP Restaurant Site Plan 2407 SOUTH BRISTOL STREET Exhibit 4 2-12 CUP No. 2018-06-AHR IHOP Restaurant Floor Plan 2407 SOUTH BRISTOL STREET Exhibit 5 2-13