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HomeMy WebLinkAboutRESO 2021-10_2106 N TUSTIN AVENUE.doc Resolution No. 2021-10 Page 1 of 9 RESOLUTION NO. 2021-10 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. Veronica Salcedo, business owner of La K-Trina Restaurant (“Applicant’), on behalf of FCB Tustin Ave, LLC. (“Lessor”) and Heinecke Gould Properties, LLC (“Property Owner”), is requesting approval of Conditional Use Permit (CUP) No. 2021-06 to allow after-hours operations until 2:00 a.m. at an existing restaurant located 2106 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-424(j) requires approval of a CUP for eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within 150 feet of residentially zoned or used property. C. On May 10, 2021, the Planning Commission held a duly public hearing for CUP No. 2021-06. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant to SAMC Section 41-638, have been established for CUP No. 2021-06 to allow after-hours operations at an existing restaurant located at 2106 North Tustin Avenue: 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 after-hours operations until 2:00 a.m. at the subject location will provide an ancillary service to individuals that wish to have a late night meal. This will thereby benefit the community by providing a food-related amenity offering services past 12:00 midnight. Conditions of approval will mitigate any potential impacts created by the use and will A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2021-06 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATIONS UNTIL 2:00 A.M. AT LA K-TRINA RESTAURANT LOCATED AT 2106 NORTH TUSTIN AVENUE Resolution No. 2021-10 Page 2 of 9 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 after-hours operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The property to the west is a multiple-family residential community whose nearest residential structures are approximately 130 feet from the subject site and are buffered by the restaurant’s parking lot and an internal driveway and carports within the residential community. These factors will help buffer the residential uses from any light, noise, or traffic impacts that the eating establishment may have on the residents. To further mitigate this, as a condition of approval, the applicant is to construct a seven-foot-high block wall along the rear property line. The Police Department is satisfied that the operational standards and conditions of approval applicable to after-hours activity will mitigate any potential impacts to the surrounding community and therefore does not oppose the 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 or future economic development of properties in the surrounding area but will instead complement the surrounding uses 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 and will generate additional sale tax revenue. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The after-hours operations will be in compliance with all applicable regulations and operational standards pursuant to Chapter 41 of the SAMC. The restaurant will be maintained as a full-service, bona-fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods. Operational standards and conditions of approval will ensure the project remains in compliance with all applicable codes Resolution No. 2021-10 Page 3 of 9 and regulations 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. The proposed after-hours operations at this location will not adversely affect the General Plan or any specific plan. The granting of CUP No. 2021-06 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 eating establishments with extended hours of operation offers additional dining options to Santa Ana residents and visitors. Furthermore, Policy 2.9 supports developments that create a business environment that is safe and attractive. Conditions of approval will help maintain a safe and attractive environment. Lastly, Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. La K-Trina is located along a major arterial and is surrounded by other commercial businesses and restaurants that provided similar services and its operations will be compatible with the surrounding businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). 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 proposes to allow after-hours operations until 2:00 a.m. at an existing restaurant. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-24, 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 Resolution No. 2021-10 Page 5 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and ce rtify the attached Resolution No. 2021-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 10, 2021. Date: _______________ ____________________________________ Recording Secretary City of Santa Ana 05-10-2021 Resolution No. 2021-10 Page 6 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2021-06 Conditional Use Permit (CUP) No. 2021-06 for after-hours operations 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 if 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 and is allowed to serve alcohol during that time. 3. The sale, 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 SAMC, in accordance with the provisions of an on- premises alcohol license by the California Department of Alcoholic Beverage Control (ABC), and in accordance with the conditions of approval contain within Conditional Use Permit No. 1993-09. 4. The approval of this conditional use permit must not be construed as the approval of a bar, cocktail lounge, nightclub, nor a cabaret and shall not operate as such. 5. 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. 6. The establishment shall comply with Santa Ana Municipal Code Section 18-312 related to noise. 7. The business and property owner shall maintain and adhere to a “Good Neighbor Policy,” implementing measures to ensure that patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business. Resolution No. 2021-10 Page 7 of 9 8. Prior to the release of this resolution, the applicant shall restripe the parking lot, replace and/or repair damaged wheel stops and exterior lighting fixtures as deemed necessary by the Planning Division. 9. Prior to the release of this resolution, the applicant shall construct at a minimum a seven-foot decorative block wall along the western property line and shall be painted with an anti-graffiti coating. Vines shall be planted and irrigation installed where feasible to deter graffiti and enhance the visual aesthetic of the wall. 10. Prior to the release of this resolution, the applicant shall submit a photometric plan to the Planning and Building Agency and Police Department for review and approval. The photometric plan shall comply with Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). 11. An onsite point of contact shall be prominently displayed at the main entrance of the restaurant. The display shall contain the full name and telephone number of a responsible individual for the establishment to report any onsite issues such as noise, disturbance, trash/litter, loitering, etc. 12. The Planning Division shall review Conditional Use Permit No. 2021-06 no later than six (6) months after full execution of this conditional use permit. Should any issues arise during such review, the Conditional Use Permit shall be scheduled for public hearing at the applicant’s full expense for condition modification(s). During this review period, the Planning Division shall have the ability to modify hours of operation as deemed appropriate based on information provided by staff on the Planning and Code Enforcement divisions and the Police Department. – Modified by the Planning Commission on May 10, 2021. 13. Prior to the release of this resolution, a Property Maintenance Agreement must be recorded against the property. The agreement will be s ubject 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/Applicant (and the owner of the property upon which t he 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; adherence to approved project phasing etc.), if applicable; Resolution No. 2021-10 Page 8 of 9 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) if applicable; 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 and immediately adjacent to 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/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 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. 2021-10 Page 9 of 9 14. The applicant shall hire a security guard to patrol and monitor the premises from 9:00 p.m. to 2:00 a.m. daily. The security guard shall be licensed by the State and issued a business license from the City of Santa Ana. – Added by the Planning Commission on May 10, 2021. 15. Prior to the release of this resolution, the applicant shall install a web-based closed circuit television system approved by the Police Department for exterior security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual anywhere on or adjacent to the location. The recordings shall be maintained unaltered in a secure location for a period of not less than ninety (90) days. The Police Department may request the recordings in connection with an investigation. – Added by the Planning Commission on May 10, 2021.