HomeMy WebLinkAboutReso2309 3000 S Bristol StreetResolution No. 2023-09
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RESOLUTION NO. 2023-09
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2023-10 AS CONDITIONED TO ALLOW
THE OPERATION OF A DRIVE-THROUGH WINDOW
SERVICE FOR THE PROPERTY LOCATED AT 3000
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. Michael Tran with 7 Leaves Café (“Applicant”), on behalf of CJ Segerstrom
and Sons (“Property Owner”), is requesting approval of Conditional Use
Permit (“CUP”) No. 2023-10 for the operation of a drive-through window
service at a new eating establishment located at 3000 South Bristol Street.
B. Section 41-365.5(e) of the Santa Ana Municipal Code (“SAMC”) requires
approval of a CUP for eating establishments wishing to operate a drive-
through window service.
C. On May 8, 2023, the Planning Commission of the City of Santa Ana held a
duly-noticed public hearing on CUP No. 2023-10.
D. The Planning Commission of the City of Santa Ana has determines that
the following findings, which must be established in order to grant a CUP
pursuant to Section 41-638 of the SAMC, have been established for CUP
No. 2023-10 to allow the operation of a drive-through window service at a
new eating establishment located at 3000 South Bristol Street.
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 operation of a drive-through window service at the subject
site will provide a service to persons that work or reside in the
area. The project will revitalize an existing building with a new,
viable commercial use. The project includes façade
enhancements which include the installation of wood-stone
siding, earth tone color palette, smooth stucco finishes, brick
veneer, canopies and trim, green walls, and a prominent
front entry. The architecture of the building has been
designed to maximize the building’s prominence on Bristol
Street and enhance the streetscape of the commercial
corridor.
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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 drive-through window service will not be
detrimental to the health, safety or welfare of those residing or
working in the vicinity as it is designed and intended to
generate the least amount of impacts as possible. The drive-
through lane meets the City’s stacking requirements and will
allow for eight vehicles to queue without disrupting drive aisle
or onsite parking spaces and circulation. In addition, vehicle
queuing at the driveway is not anticipated to exceed two
vehicles, and vehicles queuing in the drive-through lane will
have adequate space to queue within the project and will not
spill over onto Bristol Street nor Segerstrom Avenue.
The drive-through operation is also designed to generate
minimal noise impacts as the speaker boards are proposed
to be located under the canopies that will act as a buffer to
any speaker noise. Any potential noise generated from the
idling of vehicles or the drive-through speakers is not
anticipated to impact the closest residential uses as those
residential uses are approximately 115 feet away to the west
and south and are separated from the project site by an
existing block wall and carports.
3.That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The drive-through window service will not adversely affect
the economic stability or future economic development of
properties in the surrounding area. Instead the new 7 Leaves
Café will provide an additional service and eating
opportunities for the area and will provide a commercial
business that generates sales tax revenue for the City.
4.That the proposed use will comply with the regulations and
conditions specified in Chapter 41 of the SAMC for such use.
The proposed use complies with the regulations and
conditions of Chapter 41 of the SAMC including building
heights, yards, parking and landscaping. A condition of
approval has been added to the conditional use permit for a
property maintenance agreement to be recorded against the
property which will ensure that the property and all
improvements are properly maintained.
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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 drive-through
service will not adversely affect the General Plan. The
project is located in an Urban Neighborhood (UN-30)
General Plan land use designation which allows for the
development of well-connected neighborhoods and shopping
centers. Additionally, this designation allows a mix of uses
including low density residential, high density residential, and
neighborhood serving commercial uses. The granting of
CUP No, 2023-10 supports several policies contained in the
General Plan. Goal 2 of the Land Use Element (“LU”)
encourages a balance of land uses that meet Santa Ana’s
diverse needs. Policy 2.2 of the LU encourage a range of
commercial uses to capture a greater share of local
spending and offer a range of employment opportunities.
Policy 2.7 of the LU supports land use decisions that
encourage the creation, development, and retention of
business in Santa Ana. Goal 3 encourages the preservation
and improvement of the character and integrity of the
existing neighborhoods and districts. Policy 3.1 supports
development which provides a net community benefit and
contributes to the neighborhood character and identity. Goal
4 supports a sustainable Santa Ana through improvements
to the built environment. Lastly, Policy 4.1 of the LU
promotes complete neighborhoods by encouraging a mix of
complementary uses, community services, and people
places.
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 15303 (Class 3 – Existing Facilities) of the CEQA Guidelines. Class
3 exemption applies to the construction of new small structures or conversion of existing
small structures from one use to another where only minor modifications are made in
the exterior of the structure. The project proposes to allow the operation of a drive-
through window service at an existing developed site. As such, a Notice of Exemption,
Environmental Review No. 2022-93, 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,
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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
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 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. 2023-10, as conditioned
in Exhibit A, attached hereto and incorporated herein, for the operation of a drive-
through window service at 3000 South Bristol Street. This decision is based upon the
evidence submitted at the above-referenced hearing, including but not limited to: The
Request for Planning Commission Action dated May 8, 2023, and exhibits attached
thereto; and the public testimony, written and oral, all of which are incorporated herein
by this reference.
ADOPTED this 8th day of May, 2023.
AYES: Commissioners: BENNINGER, ESCAMILLA, LEO, OLIVA, PHAM,
RAMOS, WOO (7)
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
_______________________
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Chief Assistant City Attorney
Resolution No. 2023-09
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2023-09 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on May 8, 2023.
Date: ________________ ____________________________________
Nuvia Ocampo
Recording Secretary
City of Santa Ana
5/8/2023
Resolution No. 2023-09
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2023-10
Conditional Use Permit (“CUP”) No. 2023-10 allowing the operation of a drive-through
window service 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.
The Applicant must comply with each and every condition listed below prior to exercising
the rights conferred by this CUP.
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 CUP.
1.All proposed site improvements must conform to Development Project Review (DP
No. 2022-27) and the staff report exhibits.
2.Any amendment to this CUP must be submitted to the Planning Division for review.
At that time, staff will determine if administrative relief is available or if the CUP
must be amended.
3.Prior to the issuance of a building permit, the Applicant shall submit a full landscape
and irrigation plan to the Planning Division 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 note that
all vines along the perimeter walls are to be repaired, as needed, to improve the
aesthetics of the wall, minimize blank surfaces, and assist with deterring graffiti.
4.At any time that vehicle stacking extends beyond the entrance to the drive through
facility, the restaurant shall provide field staff as reasonably required to expedite
drive-through operations, assist with onsite parking, and prevent vehicles from
blocking onsite parking spaces, drive aisles, the ingress and egress easement onto
adjacent properties, and/or queuing onto Bristol Street and Segerstrom Avenue. A
stacking plan illustrating vehicle stacking management in parking areas shall be
posted and maintained onsite.
5.The business owner shall maintain and adhere to a “Good Neighbor Policy,”
implementing measures to ensure 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.
6.The applicant shall maintain the site as necessary, including but not limited to: the
repair and upkeep of the property; cleanup of trash and debris; repair and upkeep of
any damaged and/or weathered components of the building; repair and upkeep of
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exterior paint; parking striping, lighting and irrigation fixtures; landscaping and
related landscape, furnishing, and hardscape improvements.
7.Prior to the issuance of a Certificate of Occupancy, 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/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; adherence to approved project phasing etc.), if
applicable;
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;
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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.