HomeMy WebLinkAbout181022_RESO 2018-31_2301 N TUSTIN AVENUELS 10.22.18
RESOLUTION NO. 2018-31
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2018-20 AS CONDITIONED TO
ALLOW AFTER-HOURS (24-HOUR) OPERATION FOR
AN EATING ESTABLISHMENT LOCATED AT 2301
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. Ralph Deppisch, representing The Liese L. Rego Family Trust ("Applicant'),
is requesting approval of Conditional Use Permit No. 2018-20 to allow
Starbucks to operate after-hours (24 -hours) in the Arterial Commercial (C5)
zoning district at 2301 North Tustin Avenue.
B. Santa Ana Municipal Code (SAMC) Section 41-424.50) requires approval
of a conditional use permit for eating establishments open at any time
between the hours of 12:00 a.m. and 5:00 a.m. and located within one
hundred fifty (150) feet of residentially zoned or used property.
C. Pursuant to SAMC Section 41-638, the Planning Commission is
authorized to review and approve the conditional use permit for this
project to as set forth by the Santa Ana Municipal Code.
D. On October 8, 2018, the Planning Commission held a duly noticed public
hearing for Conditional Use Permit No. 2018-20. At the conclusion of the
public hearing, the Commission continued the item to the October 22,
2018 Planning Commission meeting and asked staff and the Applicant to
review potential traffic safety measures.
E. The Planning Commission of the City of Santa Ana has considered the
information and determines that following findings, which must be
established in order to grant Conditional Use Permit No. 2018-20, to
operate between the hours of 12:00 a.m. and 5:00 a.m. within one
hundred fifty (150) feet of residentially zoned and used property, 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.
Resolution No. 2018-31
Page 1 of 8
The proposed eating establishment with 24-hour operations
will provide a service to persons that are working or residing in
the area. The site will be redevelop a vacant lot with a new
building with a contemporary design with cement plaster
finishes, metal canopies, stained cedar siding, green screens,
an outdoor patio and enhanced landscaping which will
contribute to the aesthetics of the area.
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 operations will not be detrimental to the health,
safety or welfare of those residing or working in the vicinity.
The closest residential building is approximately 185 feet to
the east of the proposed building. In addition, the existing
commercial building at 2151 East Santa Clara Avenue creates
an additional buffer between the new building with after-hours
operations and the residential units. Any light, noise or traffic
from the business during after-hours operations will be
minimal. In addition, the Police Department has determined
that there are no crime related issues and 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 after-hours operations will not adversely affect the
economic stability or future economic development of
properties in the surrounding area. The site will be
redeveloped with a new building and water efficient
landscaping. An eating establishment with after-hours
operations will provide additional service and eating
opportunities for the area and will provide a commercial
business that will generate sales tax revenue for the City.
The new businesses will provide job opportunities and allow
the business to compete with other after-hours businesses
within close proximity.
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
Resolution No. 2018-31
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maintenance agreement to be recorded against the property
which will ensure that the property and all improvements are
properly maintained.
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 eating establishment with after-hours operations
will not adversely affect the General Plan. The project is
located in a General Commercial (GC) General Plan land use
designation which allows for commercial uses such as retail,
service and eating establishment uses. The project is
consistent with several goals and policies of the General Plan,
including the Economic Development Element, Land Use
Element, and Urban Design Element. Land Use Element Goal
1 promotes a balance of land uses to address basic
community needs. Policy 1.10, encourages the location of
commercial centers at arterial roadway intersections in
commercial districts. The project will provide for a new
commercial building on two arterial streets. Land Use Element
Goal 2 promotes land uses that enhance the City's economic
and fiscal viability. Policy 2.8, promotes rehabilitation of
commercial properties, and encourages increased levels of
capital investment. The after-hours operations will contribute
to the viability of the business and the existing building will be
rehabilitated to match the design of the new building. Policy
2.9, supports developments that create a business
environment that is safe and attractive. The Condition of
Approval for property maintenance will maintain a safe and
attractive environment in the community. Economic
Development Element Goal 2 maintains and enhances the
diversity of the City's economic base. Policy 2.3 encourages
the development of mutually beneficial and supportive
business clusters within the community. Urban Design
Element Goal 1 improves the physical appearance of the City
through development of districts that project a sense of place,
positive community image and quality environment.
Specifically, Policy 1.5 enhances architectural forms,
textures, colors, and materials for all projects.
Section 2. In accordance with the California Environmental Quality Act, the
project is exempt from further review per Section 15303 of the Guidelines for the
California Environmental Quality Act. The Class 3 exemption applies to the construction
of small structures, which in an urbanized area is defined as a building not exceeding
10,000 square feet in floor area, on sites zoned for such use, not using significant
Resolution No. 2018-31
Page 3 of 8
amounts of hazardous substances, where public services are available and the
surrounding area is not environmentally sensitive.
The proposed building is 3,567 square feet in floor area within the Arterial
Commercial zone which allows for service, retail and commercial uses. The proposed
tenants are not anticipated to use significant amounts of hazardous substances. There
are public services available through the City of Santa Ana and the Orange County Fire
Authority and the surrounding area is not environmentally sensitive. As a result,
Categorical Exemption, Environmental Review No. 2017-136 will be filed for this project.
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. 2018-20, as conditioned
in Exhibit A, attached hereto and incorporated herein for the project located at 2301
North Tustin Avenue. 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 October 8, 2018 and October 22, 2018, and exhibits attached
thereto; and the public testimony, written and oral, all of which are incorporated herein
by this reference.
ADOPTED this 22nd day of October, 2018.
AYES: Commissioners: MCLOUGHLIN, MENDOZA, NGUYEN, VERINO
(4)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:'�&'
Lisa Storck
Assistant City Attorney
ALDERETE, CONTRERAS-LEO, REYNA (3)
C
Mark WAoughlin
Chairperson
Resolution No. 2018-31
Page 4 of 8
I
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2018-31 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on October 22, 2018.
Date: kgT7,K _A4An-- &AwL
Recording Secretary
City of Santa Ana
Resolution No. 2018-31
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2018-20
Conditional Use Permit No. 2018-20 for after-hours operations (24 -hours) 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. In addition,
they shall meet the following conditions of approval:
The Applicant must comply with each and every condition listed belowrip or to exercising
the rights conferred by this conditional use permit.
I. 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 Site Plan Review (DP No. 2017-
37) 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 lot merger for 2031 North Tustin Avenue
and 2151 East Santa Clara Avenue shall be recorded.
4. Prior to the issuance of a certificate of occupancy, the non -conforming pole sign on
2151 East Santa Clara Avenue must be removed.
5. Prior to the issuance of a building permit, a landscape and irrigation plan is to 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.
6. Prior to the issuance of a building permit, a Property Maintenance Agreement must
be recorded against the property. 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:
Resolution No. 2018-31
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(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, sublease, license or sublicense, unless the
prospective assignee agrees in writing to assume all of the duties and 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.
Resolution No. 2018-31
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(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.
II. The following are requirements that will need to be addressed and/or approved
by the Police Department prior to issuance of a building permit:
1. Submitted plans must indicate that all structures and parking lots comply with the
provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code
(Building Security Ordinance). All applicable sections must be printed verbatim on
the submitted set of plans.
III. The following are requirements that will need to be addressed and/or approved
by the Orange County Fire Authority prior to issuance of a building permit:
1. Prior to the issuance of a building permit, the Applicant shall submit the
Architectural Plans (PR208) for Starbucks to the Orange County Fire Authority
for review and approval.
IV. The following are requirements that will need to be addressed and/or approved
by the Public Works Agency prior to issuance of a building permit:
The Applicant shall submit plans to install a `pork chop" right -turn only directional
curb on-site within the driveway on Tustin Avenue. The driveway and `pork chop"
shall be designed to City Standards and approved by the Public Works Agency.
The improvements shall be installed prior to issuance of a Certificate of
Occupancy.
2. The Applicant shall submit plans showing the installation of a right -turn only sign
at the Santa Clara Avenue driveway. The improvements shall be installed prior to
issuance of a Certificate of Occupancy.
3. The Applicant shall submit payment of the fair -share contribution in the amount of
$30,898.00 for the Santa Clara Avenue and Tustin Avenue traffic signal
modification.
Resolution No. 2018-31
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