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HomeMy WebLinkAboutReso2024-24_1601 N Bristol St (CUP)Resolution No. 2024-24 Page 1 of 12 RESOLUTION NO. 2024-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2024-03 AS CONDITIONED TO ALLOW THE OPERATION OF A DRIVE-THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 1601 AND 1607 NORTH BRISTOL STREET (APN: 405-252-21 AND 405-252-22) 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.Bristol Center Properties, LLC (“Applicant” and “Property Owner”), representing Better Buzz Coffee Roasters (“Tenant”), is requesting approval of Conditional Use Permit (“CUP”) No. 2024-03 for the operation of a drive- through window service at a new eating establishment located at 1601 and 1607 North Bristol Street. B.Section 41-424.5(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 April 8, 2024, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing and voted unanimously to find Abandonment No. 2023-02 to be consistent with the General Plan. D.On July 16, 2024, the City Council of the City of Santa Ana adopted a resolution to summarily vacate a portion of Bristol Street and a resolution declaring the property as exempt surplus land. E.On October 15, 2024, the City Council of the City of Santa Ana approved the sale of the 392 sq. ft. land to the Applicant to accommodate for the new proposed eating establishment. F.On October 28, 2024, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on CUP No. 2024-03. G.The Planning Commission of the City of Santa Ana has determined 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. 2024-03 to allow the operation of a drive-through window service at a new eating establishment located at 1601 and 1607 North Bristol Street. Resolution No. 2024-24 Page 2 of 12 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, go to school, or reside in the area. The project will revitalize an existing vacant site with a new, viable commercial use. The project includes the construction of a new commercial building that will activate the street and provide a service to the surrounding community. 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. 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, 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. The drive-through operation is also designed to generate minimal noise impacts as the speaker boards are facing away from the nearby residences. Additionally, the project will be conditioned to plant additional landscape along the east property line to help buffer any potential noise generated from the idling of vehicles or the drive-through speakers. 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The introduction of the drive-through window service is poised to have a positive impact, safeguarding the economic stability and fostering future economic development in the surrounding properties. Better Buzz Coffee Roasters, through its innovative offerings, is set to enrich the local landscape by providing additional services and dining opportunities. This not only enhances the area's amenities but also establishes a commercial business that contributes to the City's revenue through generated sales tax. In essence, the initiative Resolution No. 2024-24 Page 3 of 12 promises to be a mutually beneficial addition, reinforcing economic vitality and providing a valuable resource for the community. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 of the SAMC for such use. With the exception of the minimum front landscape requirement, for which the project seeks relief through Variance No. 2024-01 under concurrent review, the project meets all development standards. Specifically, the applicant is requesting approval for Variance No. 2024-01 to reduce the required front-yard landscaped area. The proposed use is consistent with other stipulations and requirements outlined in Chapter 41 of the SAMC, encompassing building heights, setback specifications, and parking provisions. As part of the conditional use permit, a vital condition has been incorporated to record a property maintenance agreement against the property. This measure is designed to guarantee the proper upkeep of the property and all associated improvements, ensuring a sustained level of maintenance in accordance with approved standards. 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. 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 approval of the proposed project will be consistent with the General Plan land use designation of General Commercial (GC), which allows for the development of highly visible and accessible shopping opportunities along arterial corridors. Additionally, this designation supports the development and continued operation of recreational, cultural, and entertainment opportunities near established residential neighborhoods. The project would provide an added amenity and would promote a land use that enhances the City’s economic fiscal viability and mitigates any potential impacts to the surrounding community. Furthermore, approval of this application would be consistent with several goals and policies of the General Plan, specifically Goals 2, 3, and 4 of the Land Use (“LU”) Element and Goals 1, 2, and 3 of the Economic Prosperity (“EP”) Element as discussed below. •Goal LU-2: Land Use Needs – Provide a balance of land uses that meet Santa Ana’s diverse needs Resolution No. 2024-24 Page 4 of 12 o Policy 2.7 Business Incubator – Support land use decisions that encourage the creation, development, and retention of business in Santa Ana The project is consistent with Goal LU-2 and Policy 2.7 as it actively contributes to fostering land use decisions that promotes the establishment, growth, and sustainability of business in Santa Ana. The construction of a new café along a major corridor, near residential, and Santa Ana College will continue to encourage a wide range of commercial uses that benefit the existing neighborhood and the surrounding community. The placement of the proposed café not only enhances the immediate neighborhood but also positively impacts the broader community. •Goal LU-3: Compatibility of Uses – Preserve and improve the character and integrity of existing neighborhoods and districts. o Policy 3.1 Community Benefits – Support new development which provides a net community benefit and contributes to neighborhood character and identity. The proposed project is consistent with Goal 3 and Policy 3.1 as it is designed to revitalize the currently vacant site, presenting a tangible improvement that will greatly benefit the neighboring community. Moreover, the inclusion of a drive- through window service will enhance the long-term sustainability of both the lot itself and Better Buzz Coffee Roasters. This feature not only increase accessibility and convenience for patrons but also strengthen the commercial viability and enduring success of the establishment. •Goal LU-4: Complete Communities – Support a sustainable Santa Ana through improvements to the built environment and culture of collaboration. o Policy 4.1 Complementary Uses – Promote complete neighborhoods by encouraging a mix of complementary uses, community services, and people places within a walkable area. The proposed project is consistent with Goal 4 and Policy 4.1 as it will contribute to the existing built environment in the surrounding neighborhood. The development of the proposed café holds the potential to foster a cohesive neighborhood, catering to both the residential community in its vicinity and the commercial corridor along Bristol Street. Resolution No. 2024-24 Page 5 of 12 The project not only adheres to planning objectives but also actively contributes to the creation of a comprehensive and vibrant community landscape. •Goal EP-1: Job Creation and Retention – Foster a dynamic local economy that provides and create employment opportunities for all residents in the City. o Policy 1.2 Attract Business – Promote new and retain existing job-producing businesses that provide living-wage employment opportunities. The project is consistent with Goal EP-1 and Policy 1.2, as the proposed improvements would help generate additional economic growth and stability in the City by further activating underutilized parcels and helping generate property and sales tax revenue. Furthermore, the proposed project would help create a job-producing establishment thereby providing employment opportunities to Santa Ana residents. •Goal EP-2: Diverse Economic Base – Maintain and enhance the diversity and regional significance of the city’s economic base. o Policy 2.2 Deliberate Investment – Pursue business attraction and retention prospects in sectors which broaden and strengthen the local economy The project is consistent with Goal EP-2 and Policy 2.2 as it actively contributes to the attraction and cultivation of a new business within the City of Santa Ana. By introducing a new café, this initiative is set to not only enhance the local business landscape but also strengthen the overall economy. The proposed café is anticipated to improve economic growth by generating significant property and sales tax revenue. This infusion of revenue solidifies the financial health of the business itself and contributes to the broader economic sustainability of Santa Ana. •Goal EP-3: Business Friendly Environment – Promote a business friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. o Policy 3.7 Facilitating Investment – Promote a solution-based customer focus in order to facilitate additional development and investment in the community. Resolution No. 2024-24 Page 6 of 12 o Policy 3.8 Comprehensive Analysis of Land Use –Pursue a balance of fiscal and qualitative community benefits when making land use decisions. The project would be consistent with Goal EP-3 and Policies 3.7 and 3.8, as it provides for redevelopment of existing underutilized vacant properties and promotes a new cafe that would provide services to the community. Moreover, the project would help create a friendly business environment and help the overall commercial strip along Bristol Street to enhance their business offerings and compete with nearby commercial businesses. Lastly, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area. 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 – New construction or conversion of small structures) of the CEQA Guidelines and does not trigger any of the exceptions enumerated by Section 15300.2 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. 2022-119, 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 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 Resolution No. 2024-24 Page 7 of 12 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. 2024-03, as conditioned in Exhibit A, attached hereto and incorporated herein, for the operation of a drive-through window service at 1601 and 1607 North Bristol Street, based on the findings contained in Section 1. 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 October 28, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of October, 2024. AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: ABSTENTIONS: Commissioners: _______________________ Jennifer Oliva Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Melissa M. Crosthwaite Senior Assistant City Attorney Carl Benninger, Jennifer Oliva, Christopher Leo, Isuri Ramos, Bao Pham, Alan Woo (6) Manuel J. Escamilla (1) Resolution No. 2024-24 Page 8 of 12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2024-24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 28, 2024. Date: ________________ ____________________________________ Nuvia Ocampo Recording Secretary City of Santa Ana 10/28/2024 Resolution No. 2024-24 Page 9 of 12 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2024-03 Conditional Use Permit (“CUP”) No. 2024-03 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 in order to exercise 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 the Development Project Review (DP No. 2022-39) 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 landscape planted along the east property line shall be mature and sufficiently tall to buffer any potential noise; all landscape along Bristol Street shall be enhanced to screen the drive-through vehicle queue; and decorative pavers or an alternative concrete design deemed appropriate by Planning Division staff, shall be required to be installed at the proposed driveway. 4.Prior to the issuance of a building permit, the Applicant shall submit the recorded Lot Line Adjustment ensuring that the 392 square feet previously designated as public right-of-way is included as part of the property at 1601-1607 N. Bristol Street. 5.All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping along the east property line and in parking lot planters shall be evergreen, be required to be maintained throughout the lifetime of the CUP, and shall be required to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in-kind. 6.Site illumination levels must remain in compliance with Section 8-211 (Special Commercial Building Provisions) of the Santa Ana Municipal Code at all times. Resolution No. 2024-24 Page 10 of 12 7.All on-site trees proposed to be used shall be selected from the City of Santa Ana Designated Tree Species Guide (“Guide”) recommended tree list and will be verified as part of the Landscape plan that will be reviewed by Planning Staff. Added by the Planning Commission on October 28, 2024. 8.Along the east property line abutting the single-family residences, install 26 to 29 Pacific Wax Myrtle (Myrica Californica) screen shrubs 5 to 6 feet apart optimize privacy along the east property line. The shrubs shall be 24-inch box at time of installation. 9.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. 10.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 exterior paint; parking striping, lighting and irrigation fixtures; landscaping and related landscape, furnishing, and hardscape improvements. 11.At any time that vehicle stacking extends beyond the entrance to the drive through facility, the restaurant shall provide field staff 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. A stacking plan illustrating vehicle stacking management on site to satisfy this condition shall be posted and maintained onsite. 12.Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 13.The business shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 14.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: Resolution No. 2024-24 Page 11 of 12 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; 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 leas g.e, 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; h.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 Resolution No. 2024-24 Page 12 of 12 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.