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HomeMy WebLinkAboutRESO 2019-42_501 N FRENCH STREET (AFTER-HOURS)LS 9.23.19 RESOLUTION NO. 2019-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-28 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION FOR NOBLE ALE WORKS BREWERY AND RESTAURANT LOCATED AT 501 NORTH FRENCH 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. Stephen Miles, with Noble Ale Works ("Applicant'), is requesting approval of Conditional Use Permit No. 2019-28 to allow after-hours operation for a new brewery/restaurant located at 501 North French Street, B. Santa Ana Municipal Code ("SAMC") Section 41-2007 requires approval of a conditional use permit for eating establishments which intend to operate between 12:00 a.m. and 7:00 a.m. Specifically, the subject Noble Ale Works location is proposing to remain open until 1:00 a.m, on Friday and Saturday. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the Santa Ana Municipal Code. D. On September 23, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-28. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-28 for after- hours operation, have been established as required by SAMC Section 41- 638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed after-hours operations will provide an ancillary service to individuals in the Downtown area that wish to have a late night meal. This will thereby benefit the community by providing a food -related amenity offering service past 12:00 midnight, which is consistent with that of other Resolution No. 2019-42 Page 1 of 8 brewery/restaurants in the vicinity. Specifically, the subject Noble Ale Works location is proposing to remain open until ,- 1:00 a.m. on Friday and Saturday. Conditions such as ceasing service to the outdoor areas by 9:00 p.m. daily will help mitigate any potential problems created by the after- hours operation of the restaurant and the ambient noise. 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 after-hours operation will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. The new brewery/restaurant is consistent with other businesses in the Downtown area offering similar services. Allowing the restaurant to provide this service will not create any new impacts on the adjacent land uses. Additionally, the CUP will include conditions that require outdoor service operations to cease by 9:00 p.m. daily, thereby mitigating any outside ambient noise. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The project site was originally constructed as a commercial office building. Currently, the building does not have a tenant and has been vacant since September 2016. With the proposed improvements and tenant, the Applicant is proposing to re -invest in the property. The establishment of this restaurant promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and positively affects the economic stability of the Downtown area. 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 development standards and regulations contained in Chapter 41 of the SAMC. 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 Resolution No. 2019-42 Page 2 of 8 Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD-84) zoning provisions. 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 use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services, Providing a variety of restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit that will maintain a safe and attractive environment in Santa Ana, Finally, Policy 5,5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Noble Ale Works brewery and restaurant is located in a commercial area and its operation is compatible with the surrounding commercial businesses. The project is located in the Downtown sub -zone of the Transit Zoning Code (SD-84) zoning district and is designed to meet all additional development standards designated in the SD-84 zoning district and Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the project is exempt pursuant to CEQA Guidelines Section 15301, Class 1, Replacement or Reconstruction. Class 1 exemptions consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities involving no expansion at the time of the lead agency's determination. No new building square footage is proposed as part of the project. The proposed project would alter the existing building to convert the previously approved office use to allow a restaurant and small brewery. Based on this analysis, a Notice of Exemption, Environmental Review No. 2018-17 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to Resolution No. 2019-42 Page 3 of 8 modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-28, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 501 North French 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 September 23, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 23rd day of September, 2019. CANO, CONTRERAS-LEO, MCLOUGHLIN, NGUYEN, RIVERA (5) AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:��L , 1 Lisa Storck Assistant City Attorney ,AM01r7::- Mark'IKA'c"Loughlin Chairperson Resolution No. 2019-42 Page 4 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-42 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 23, 2019. Date: 101 (1 "ku 6 Recording Secretary City of Santa Ana Resolution No. 2019-42 Page 5 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-28 Conditional Use Permit No. 2019-28 for after-hours operation of a new restaurant and brewery 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, the Applicant shall meet the following conditions of approval: The Applicant must comply 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. All proposed site improvements must conform to Development Project Review (DP No. 2018-02) 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. The restaurant will be allowed to remain open until 1:00 a.m. on Friday and Saturday for the interior service area only. 4. Use of the outdoor dining area located at the rear of the building and on the roof deck will be limited to 9:00 p.m. 11:00 p.m. Monday through Sunday. After six - months of the business being fully operational the application may be brought back areas. Modified by the Planning Commission on September 23, 2019. 5. Prior to submittal into building plan check, a full 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, and shall feature a berm to assist with screening the drive -through lane from view. Additionally, the landscape plan must incorporate, through design, landscape plant species to assist in the visual screening of the adjacent residential properties from the subject site. 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, Applicant (and the owner of the property upon which the authorized use and/or authorized i Resolution No. 2019-42 Page 6 of 8 improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g„ proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce Resolution No. 2019.42 Page 7 of 8 use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 201942 Page 8 of 8