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HomeMy WebLinkAbout2002-098 - Certifying teh Environmental Impact Report, Approving a MitigationKDO: 11/22/02 RESOLUTION NO. 2002-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT, APPROVING A MITIGATION MONITORING PROGRAM, AND ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS; APPROVING AS CONDITIONED CONDITIONAL USE PERMIT NO. 2002-20 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION; APPROVING AS CONDITIONED CONDITIONAL USE PERMIT NO. 2002-21 TO ALLOW AFTER HOURS OPERATION; AND APPROVING AS CONDITIONED CONDITIONAL USE PERMIT NO. 2002-22 TO ALLOW FOUR LIVE-WORK UNITS FOR A PROPOSED SAV-ON AND FOUR LIVE-WORK UNITS LOCATED AT 102, 116-120 NORTH MAIN STREET AND 115 NORTH SYCAMORE STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: The Final Environmental Impact Report (EIR) No. 2001-02, and Conditional Use Permit Numbers 2002-20, 2002-21, and 2002-22 for the property located at 102, 116-120 North Main Street and 115 North Sycamore Street came before the City Council of the City of Santa Ana for a public hearing on November 18, 2002. In accordance with Califomia Environmental Quality Act, a draft EIR was circulated for review and comment by the public, local, regional and state agencies, and interested parties on August 7, 2002 for a 45-day review period. On August 26, 2002, a public hearing was held on the document in order to obtain input from interested members of the public, as well as several written comment on the Draft EIR were submitted at this headng. By the close of the 45-day review period, a total of 13 written comment letters on the document were received. All comments to the Draft EIR were considered and responded to in the proposed Final EIR (which includes the Draft EiR and errata). Resolution No. 2002-098 Page 1 of 14 proposed mitigation monitoring plan has been prepared, as has 2 pages of certain facts, findings and statements. The City Council has fully considered this matter, and all public testimony, at a duly noticed public hearing held at its regularly scheduled meeting of November 18, 2002. All documents, including the Final EIR, the mitigation monitoring plan, the 12 pages of findings and approvals, the Request for Council Action including exhibits, and the record of proceedings are incorporated herein by this reference as though fully set forth. Conditional Use Permit No. 2002-20 has been filed with the City of Santa Ana to allow the sale of alcoholic beverages for off-site consumption for the property located at 102, 116-120 North Main Street and 115 North Sycamore Street. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility that will contribute to the general well being of the neighborhood or community? (a) Section 41-132 of the Santa Ana Municipal Code sets forth specific guidelines for determining over- concentration of liquor licenses in the City. Subsection (1) defines over-concentration as one off-sale licensed establishment within 1,000 feet of another similar establishment. A Rite Aid retail store located at the northeast corner of First and Main Streets is within 1,000 feet of this establishment. (The State Department of Alcoholic Beverage Control has also determined this area to be over-concentrated since it has reached the maximum number of allowable off- sale outlets. The State allows five off-sale establishments in this census tract while seven currently exist.) (b) While this project is in an over-concentrated zone based upon both the City and State's criteria, the operation of the proposed Alcoholic Beverage Control License (ABC) by Sav-On will provide a service to the surrounding community. The nationally recognized business operator has performed exceptionally as a retailer dispensing alcoholic beverages with no Resolution No. 2002-098 Page 2 of 14 ii. iii. iv. chronic negative impacts from any of their existing outlets within the City. Conditions have been placed on the proposed off-premise alcoholic beverage license, which will mitigate any potential impact created by the use and ensure that the use will not negatively affect the adjacent areas. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity? The proposed Type 21 off-premise general liquor license will not be detrimental to persons residing and working in the area because the off-premise sale of alcoholic beverages, as conditioned, will not create any negative or adverse impacts. The sales of products are targeted towards families and business professionals not typically associated with loitering or public intoxication, thus will not impact surrounding businesses and residential neighborhoods. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? Sav-On, as designed, is suitable for the proposed use. Sav-On is a viable business that will assist in the promotion of the Artist's Village and the Downtown, assisting the economic viability of the adjacent developments and area. The proposed Sav-On, as conditioned, will not create any negative or detrimental impacts on the economic viability of the surrounding area. The use will result in a positive addition to the area and will identify the site as an economically viable area of the City. Will the proposed use comply with the regulations and conditions specified in the chapter of the Santa Aha Municipal Code for such use? As proposed, the proposed Type 21 off-sale general liquor license will be in compliance with all applicable conditions imposed on an establishment selling liquor and Chapter 41 of the Santa Ana Municipal Code regarding off-premise general liquor license as well as other state and local regulations. Resolution No. 2002-098 Page 3 of 14 v. Will the proposed use affect the General Plan of the City? The proposed project will not adversely affect the General Plan. Retail stores and ancillary uses such as off-premise general liquor license are permitted within the District Center (DC) land use designation. The proposed project is not located in a specific plan area of the City. The proposal is supported by the Land Use Element Goals: 2.0, Promote land uses which enhance the City's economic and fiscal viability; and Goal 3.0, Preserve and improve the character and integrity of existing neighborhoods. Conditional Use Permit No. 2002-21 has been filed with the City of Santa Ana to allow the after hours operation for the property located at 102, 116- 120 North Main Street and 115 North Sycamore Street. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a Conditional Use Permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed retail store will contribute to the general well being of the community by providing service to customers between 12:00 a.m. and 5:00 a.m. generally unavailable during these hours from other retail establishments. ii. Will the proposed use 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 retail store will provide additional services to individuals residing and working in the area. Conditions have been incorporated into the project to help minimize any adverse impacts that the project might generate as the result of its after hours operation. Conditions such as requiring that pay phones be located within the interior of the store and ensuring that visibility is maintained from the street to the interior of the market are incorporated to increase the safety of employees and users of the site. Conditions for the project will be reviewed after 90 Resolution No. 2002-098 Page 4 of 14 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. The use or the proposed after hour operation of the mini-market, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons working in the area. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The retail store will generate City tax revenue and employment in the community. The conditions of approval will ensure a business environment that is safe and attractive. During the hours proposed, the use provides services to the community and therefore the use will enhance rather than adversely affect the economic development or stability of the area. iv, Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project has been designed to comply with the City's design and development standards for a retail use and will be in compliance with the regulations established in Chapter 41 of the Santa Ana Municipal Code. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed retail use is in an area designated District Center (DC) in the General Plan. The use is consistent with the General Plan and the Central Business-Artist's Village (C3-A) zoning district which permits retail uses under 20,000 square feet and open between midnight and 5:00 a.m. with a conditional use permit. The proposal is supported by the Land Use Element Goals: 2.0, Promote land uses, which enhance the City's economic and fiscal viability. Conditional Use Permit No. 2002-22 has been filed with the City of Santa Ana to allow four live-work units at the property located at 102, 116-120 North Main Street and 115 North Sycamore Street. Resolution No. 2002-098 Page 5 of 14 Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a Conditional Use Permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed conditional use permit to allow the construction of four live-work units will provide an additional residential product type within the Artist's Village area. The unique provision of space that can be utilized for dual purposes within a single studio provides a component integral to the village zoning goals. The live and workspace will provide a lifestyle that has proven successful throughout downtowns within the United States. A live-work project will add to the vibrant dynamics of the downtown, increasing activity within the Artist's Village. ii. Will the proposed use 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 approval of the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The addition of persons within the village will assist in promoting the economic viability and enhance the livability for this area of the downtown. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The live-work studios are a suitable and appropriate use within the village and downtown setting. The addition of four live-work studio spaces should support businesses and services, thereby enhancing the viability of the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and conditions imposed on live- Resolution No. 2002-098 Page 6 of 14 work studios, pursuant to Chapter 41 of the Santa Ana Municipal Code. V= Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Live-Work studios are permitted subject to a conditional use permit within the Central Business-Artist's Village (C3-A) zoning district and the District Center (DC) General Plan designation. The proposal is supported by the Land Use Element Goals: 1.0, Promote a balance of land uses to address basic community needs; Goal 2.0, Promote land uses which enhance the City's economic and fiscal viability; Goal 4.0, Protect and enhance developments sites and districts which are unique community assets that enhance the quality of life; and Goal 5.0 Ensure that the impacts of development aro mitigated. On October 28, 2002, after conducting a public hearing and consideration of issues related to parking, over-concentration of ABC licensed establishments, laundry facilities and rouse of the existing historic structure, the Planning Commission recommended denial of the project by a vote of 4:2 (Mondo and Nalle opposed; Doughty absent). G. Final Environmental Impact Report (EIR) No. 2001-02 has been prepared for the Project. Section 2. The City Council has reviewed and considered the information contained in the Final EIR prepared with respect to this Project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Final EIR meets all requirement of CEQA, including but limited to'. finding that the Final EIR adequately addresses the impacts of the project; that it identifies and through the mitigation monitoring plan imposes all feasible mitigation measures which will reduce all of the significant environmental impacts of the Project to a level of insignificance, except those unavoidable impacts described more specifically in the statement of overriding considerations; discusses a reasonable range of alternatives to the Project; identifies the environmentally superior alternative; and based upon all of which and the record as a whole the Council chooses to approve the Project. The City Council hereby certifies and approves the Final EIR, the mitigation monitoring plan, the facts, findings and Statement of Overriding Considerations attached to this Resolution, and directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Resolution No. 2002-098 Page 7 of 14 Section 3. Pursuant to Title XlV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XlV, CCR § 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. Based upon the evidence submitted at the abovesaid hearing which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony; all of which are incorporated herein by this reference, the City Council of the City of Santa Ana hereby finds, determines and declares as follows: A= The City Council certifies and approves the Final Environmental Impact Report and Mitigation Monitoring Program (EIR) No. 2001-02. The City Council approves Conditional Use Permit No. 2002-20 as conditioned in Exhibit "A" attached hereto and incorporated herein by this reference as though fully set forth. The City Council approves Conditional Use Permit No. 2002-21 as conditioned in Exhibit "B' attached hereto and incorporated herein by this reference as though fully set forth. D. The City Council approves Conditional Use Permit No. 2002-22 as conditioned in Exhibit "C" attached hereto and incorporated herein by this reference as though fully set forth. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 18th day of November, 2002. Resolution No. 2002-098 Page 8 of 14 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee~dette Depu~ City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembem: Councilmembers: Alvarez. Franklin, McGuiaan. Pulido, Solodo (5) Bist, Christy (2) None {0~ None (0) CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2002-098 to be the original resolution adopted by the City Council of the City of Santa Ana on November 18. 2002. Date: Clerk of Council City of Santa Ana Resolution No. 2002-098 Page 9 of 14 Conditions for Aooroval for Conditional Use Permit No. 2002-20 Conditional Use Permit No. 2002-20 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full 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 revocation of the conditional use permit. A. Planninq Division The project must be in compliance with the provisions of Settlement Agreement and Mutual Release No. CV00-3453-JFL. All store carts shall be kept within the enclosed structure. 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. Submit for review and approval a public art sculpture. Commission, construct and install a public art sculpture at the southeast corner of the project site. B. Police Deoartment No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. There shall be no exterior advertising of any kind or type, including advertising directed to th6 exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. There shall be no coin-operated games maintained on the premises at any time. Resolution No, 2002-098 Page 10 of 14 10. 11. 12. 13. 14. 15. 16. All public telephones shall be located on the interior of the premises. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. No wine shall be sold with an alcoholic content of greater than 15 percent by volume except for "Dinner Wines" which have been aged two years or more and maintained in corked bottles. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers are prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacturer pre- packaged multi-unit quantities. Wine and distilled spirits shall not be sold in bottles or containers smaller than 750 mi, Beer coolers, wine coolers, or pre-mixed distilled spirit cocktails must be sold in manufacturer pre-packaged multi-unit quantities. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 a.m., each day of the week. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. Sav-On shall submit a security plan for the site to the Santa Ana Police Department for their review and approval. Install a silent armed robbery alarm. Resolution No. 2002-098 Page 11 of 14 Conditions for AoDroval for Conditional Use Permit No. 2002-21 Conditional Use Permit No. 2002-21 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the dghts 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 revocation of the conditional use permit. A. Planning Division The project must be in compliance with the provisions of Settlement Agreement and Mutual Release No. CV00-3453-JFL. All store carts shall be kept within the enclosed structure. 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. Submit for review and approval a public art sculpture. Commission, construct and install a public art sculpture at the southeast corner of the project site. Police Department No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. There shall be no coin-operated games maintained on the premises at any time. 4. All public telephones shall be located on the interior of the premises. Resolution No. 2002-098 Page 12 of 14 The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 6. 7. 8. 9. 10. 11. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. The sales of alcoholic beverages shall not be permitted between the hours of midnight and 5:00 a.m., each day of the week. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. Sav-On shall submit a secudty plan for the site to the Santa Ana Police Department for their review and approval. Install a silent armed robbery alarm. Conditions for AoDroval for Conditional Use Permit No. 2002-22 Conditional Use Permit No. 2002-22 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exemising 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 revocation of the conditional use permit. A. Planning Division The project must be in compliance with the provisions of Settlement Agreement and Mutual Release No. CV00-3453-JFL. 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. B. Police Department Resolution No. 2002-098 Page 13 of 14 2. 3. 4. 5. 6. 7. 9. 10. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. There shall be no coin-operated games maintained on the premises at any time. All public telephones shall be located on the interior of the premises. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Window displays and racks must be kept to a maximum height of three feet including merchandise. Interior displays and racks must be kept to a maximum of five feet including merchandise. Resolution No. 2002-098 Page 14 of 14