Loading...
HomeMy WebLinkAboutRESO 2020-24_104 E 4TH STREET (AFTER HOURS)Resolution No. 2020-24 Page 1 of 8 RESOLUTION NO. 2020-24 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. Carlos Martin Ocampo Olivares (“Applicant”), representing El Rincon Mexicano, is requesting approval of Conditional Use Permit No. 2020-14 to allow after-hours operation for the property located at 104 East Fourth Street. B. Santa Ana Municipal Code (“SAMC”) Section 41-196(g)(3) requires approval of a conditional use permit (CUP) for eating establishments serving alcoholic beverages which intend to operate after midnight. Specifically, El Rincon Mexicano is proposing to remain open until 2:00 a.m. daily. 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 August 10, 2020, the Planning Commission held a duly noticed public hearing for CUP No. 2020-14. 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 CUP No. 2020-14 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 operation until 2:00 a.m. daily 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-14 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION FOR THE EL RINCON MEXICANO RESTAURANT LOCATED AT 104 EAST FOURTH STREET Resolution No. 2020-24 Page 2 of 8 offering service past 12:00 midnight, which is consistent with that of other restaurants in the vicinity. 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 on the conditional use permit to mitigate any negative impacts on the community. The subject site is located near other restaurants, retail stores, service uses, and nearby local microbreweries. The site is not located near schools, residential uses, nor is it located within a mixed-use building with residential uses. The expanded hours of operation will contribute to increased street activity and to the social and economic vitality of Downtown. Moreover, the Police Department contends that the operational standards applicable to after-hours activity will mitigate any potential impacts to the surrounding community and therefore does not oppose granting of 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 of the area, but will instead complement the restaurants and commercial uses in Downtown promoting a balance of land uses that enhance the City’s economic and fiscal viability. Moreover, the offering of late night dining opportunities will contribute to the overall success of the City of Santa Ana, attracting visitors and residents to the area, and providing a service and facility for the community. 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 with after-hours operations pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD-84) zoning provisions. Resolution No. 2020-24 Page 3 of 8 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 after-hours operation at this location will not adversely affect the General Plan or any specific 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 and operational standards will help maintain a safe and attractive environment. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supports surrounding land uses. El Rincon Mexicano restaurant is located in the Downtown sub-zone of the Transit Zoning Code (SD-84) zoning district and its operation is compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines, Existing Facilities. This Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project consists of permitting the operation of an existing business until 2:00 a.m. daily, and does not include any new building square footage. Categorical Exemption Environmental Review No. 2020-44 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 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 Resolution No. 2020-24 Page 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 10, 2020. Date: ________________ ____________________________________ Recording Secretary City of Santa Ana 08-10-2020 Resolution No. 2020-24 Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2020-14 Conditional Use Permit No. 2020-14 for after-hours operation of an eating establishment 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. 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. 2. Pursuant to this conditional use permit, the restaurant will be permitted to remain open until 2:00 a.m. daily. 3. The approval of this Conditional Use Permit must not be construed as the approval of a bar or cocktail lounge, nor as a nightclub or cabaret and this establishment must not operate as such. 4. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding the requirement that music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 5. The establishment shall comply with Santa Ana Municipal Code Section 18-312 related to exterior noise. 6. It shall be the Applicant’s responsibility to ensure that no alcoholic beverages are consumed outside of the designated consumption areas, or neighboring properties, which includes the parking lot area. 7. The Applicant or an employee must be present to monitor all areas of the establishment during all times that alcoholic beverages are being served or consumed. 8. Any graffiti painted upon the premises or on any adjacent area under the control of the Applicant and/or licensee(s) shall be removed or painted within 48 hours of being applied. Resolution No. 2020-24 Page 7 of 8 9. Any outside queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 10. Six months subsequent to the first residential occupancy of the mixed-use development located at 114 East Fifth Street, Planning Division and Police Department staff shall review to confirm that there are no noise complaints from residents of aforementioned mixed-use development stemming from the after-hours operations approved by this conditional use permit. (Added by the Planning Commission on 8/10/2020) 11. Within 60 days of adoption of this resolution, 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 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 Resolution No. 2020-24 Page 8 of 8 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 use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.