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HomeMy WebLinkAbout31A - CUP 2007-09 2800 N MAINREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 16, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2007-09 ALLOW AFTER HOURS OPERATION FOR EL TORITO RESTAURANT LOCATED AT 2800 NORTH MAIN STREET, SUITE 868 - ART RODRIGUEZ & ASSOCIATES, APPLICANT CITl"-MANAGEI~ APPROVED TO ^ As Recommended ^ As Amended ^ Ordinance on 1 a' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO RECOMMENDED ACTION FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2007-09 as conditioned. PLANNING COMMISSION ACTION On June 25, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-09 as conditioned by a vote of 4:0 (De La Torre and Munoz absent, Gartner abstained) to allow the after hours operation of E1 Torito restaurant within the General Commercial (C2) zoning district at 2800 North Main Street, Suite 868. The Planning Commission removed a police condition requiring that the cash register be visible from the street (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. n Ja 7. Trevino Executive Director Planning & Building Agency CR:rb cr\repor[a\cup09-09 E1 Torito after-houra.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 25, 2007 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2007-09 TO ALLOW AFTER HOURS OPERATION FOR EL TORITO RESTAURANT LOCATED AT 2800 NORTH MAIN STREET, SUITE 868 Prepared by Carlos Rodriquez ~Q ti''~- ~/~ Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning Manag Adopt a resolution approving Conditional Use Permit No. 2007-09 as conditioned. DISCUSSION Request of Annlicant Art Rodriguez & Associates, on behalf of E1 Torito Mexican restaurants, is requesting approval of Conditional Use Permit No. 2007-09 to allow the after hours operation of E1 Torito restaurant at 2800 North Main Street, Suite 868. Property Description The E1 Torito Restaurant will be located within the existing Main Place Mall. The restaurant will be located on the eastern side of the mall facing Main Street, between the Macy's retail store and California Pizza Kitchen restaurant. The parcel is located within the General Commercial (C2) zoning district and has a General Plan land use designation of District Center (DC). Surrounding land uses include commercial and the Garden Grove (SR-22) Freeway to the north, commercial uses to the south, commercial and residential to the east, and the Santa Ana (I-5) Freeway to the west (Exhibits 1 and 2). E1 Torito will lease a 5,200 square foot space formerly occupied by Spoon's that is currently under construction with an exterior facade remodel and interior tenant improvement. The restaurant will be a sit- down eating establishment that offers Mexican cuisine to its customers. EXHIBIT A 31 A-2 Conditional Use Permit No. 2007-09 June 25, 2007 Page 2 Hours of operation for the restaurant will be from 10:00 a.m. to 11:00 p.m., Sunday through Thursday and Friday and Saturday 10:00 a.m. to 1:00 a.m. (Exhibits 3, 4 and 5). A separate conditional use permit is currently being processed to allow the sale of beer, wine and distilled spirits. Project Description El Torito will be a family eating establishment that specializes in Mexican cuisine. E1 Torito operates a large chain of restaurants that have several locations in California, Arizona and Oregon. The applicant is proposing to obtain a conditional use permit to allow after hours operation at the proposed eating establishment. Hours of operation will be from 10:00 a.m. to 11:00 p.m., Sunday through Thursday and Friday and Saturday 10:00 a.m. to 1:00 a.m. The General Commercial zoning district requires a conditional use permit for eating establishments open between the hours of 12:00 a.m. and 5:00 a.m. when residential uses are located within 150 feet of the eating establishment. East of the subject property is the City Place residential and commercial mixed-use development. A total of 74 dining seats, 41 booths, and 10 bar stools are proposed with this project. Additionally, E1 Torito is processing a separate conditional use permit for a Type 47 ABC license to allow the on-premise sale of alcoholic beverages to customers. The after hours operation is intended to provide a service ancillary to the primary restaurant use. The additional hours of operation will provide patrons with additional hours of service and will attract late dining patrons. Analysis of the Issues The applicant is requesting to operate until 1:00 a.m. on Friday and Saturday. The sit-down eating establishment will be located within the existing Main Place Mall and within a large commercial district. The full service restaurant will have a complete level of staffing during the operating hours of the restaurant. The restaurant staff will act as a deterrent in reducing the potential of criminal activity by being located on-site during operating hours. The surrounding land uses immediately next to the eating establishment are mainly commercial uses with the exception of the City Place mixed-use development and a multi-family residential property located east of 31 A-3 Conditional Use Permit No. 2007-09 June 25, 2007 Page 3 the project in the adjacent City of Orange. The additional hours of operation should not impact the immediate residences as the sites are separated by surface parking lots and Main Street. The Planning Division and Police Department have reviewed the application for potential concerns related with the extended hours of operation. The restaurant is located within an area of the city considered average in police-related incidents. The area is located in Reporting District No. 161, which ranks 40th out of 102 citywide districts in total number of police-related incidents. In order to minimize the potential impacts associated with after hours operation at the proposed restaurant location, the Police Department is recommending conditional approval of the project. These proposed conditions are intended to mitigate any problems that may negatively affect the adjacent neighborhood and surrounding area. Lastly, the site has a General Plan land use designation of District Center (DC). The District Center designation emphasizes the use of this area as an anchor for commercial development and encourages a variety of activities such as late night dining establishments. The site is located on a major arterial street and the subject site's proximity near the Santa Ana (I-5) Freeway promotes the City of Santa Ana as a regional shopping destination. Based upon analysis of the project and its compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-09 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2007-9 will be filed for this project. Carlos Rodriguez Assistant Planner II CR:jm cr\reports\cup0]-09 E1 Torito after-hours.pc Vince Fre so, A P Senior P1 nner 31 A-4 fl1 R1 R1 R1 R1 Al GENERAL AGRICUITUFiAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS'VILLAGE C6 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAW INDUSTRIAL MO MILITARY OPERATIONS O OPEN SPACE -0Z OVERLAY 20NE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBANAPARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN CUP 07-9 ~ g__,_ EL TORITO ~,, 2800 NORTH MAIN STREET, SUITE 868 - -=500 FEET 1' = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~`~BV~' 2 2 F R E E W A Y ary ~N PLACE DR. I or Mp o~a~ee i m W J J U ~: ~ w ~ °- tn o l U ~ TOWN6000NTY I flOAD M A I N ~ I '' Q P L A C E e ~ U , `~ M A L L W el Yy q~ ~ f , y yl U nF PROJECT 09 SITE CITY PLACE Ofl. ~ W Z 'Q z v R W ~ O W ~y p U ~ 9 L Q 3 MAIN PLACE DR. MEMORY LN. PARKING LOT ~ OFFICE OFFICE O Q m _ CUP 07-9 ~ .,: EL TORITO ~ '"" 2800 NORTH MAIN STREET, SUITE 868 P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-6 ~~ ~ ~ ~ 99 tt, y } ® ~ ~ l ~li1 1 ~3~3t1 1 fa~sib 1 , 1 ~ ] l;i.:1 ] fddt..9 ~ off=E.:7 n: ,,~ ~\ s >6 \ ~y "i --- ®-- EXHIBIT 3 31 A-7 61S ~ sE o O~ ~ a ~a ~~ b 9~' g~ ~ A },1i0 e ~ f 1 Bi.eE 1 ~ a d # ~€ ~® gs ~Y ~ ~ ~~ ~ ~ ~E o ~~ ~~ i =~ ~ ® , ~~ ---- --~~ ~~~~~, ,1 ~i ~ i ~~ i ~~ ~ ~ i ~ i l ~`"~= I _ ~, ;a ~ ~ ~~ ~..... ~~;;, ~{ 6~1 ~- ~ ~ °~ i >so• f ~ `aa 91:rEf €aa ~ ~~1 1 a ~ } ~3~gg~ 1 ] ~isi } Ya~E:F ~... ~ 9 1 ~ i ~ ~ ~ i 1`:a.<9 ~ t~i.,9 ~ ~_a.,9 1 ii~! ! k ~ a ty± ~z3 € 4 ~t. ea 33 3 ~: gg a $1 SA5 a~ € `~ ~ m e Ye°~p~~~e le g Ct ~ gL ~ 3y~I€ a V oo ~ I I ~ ?~ ~ s i9 ~4~~~~~ ~ 1 M ~ .. . . 9 ~~ ~ ~® ~~~ ~~~ ; ~4 ~~ ~ ~9 .. y ~~ y ~C~ 555555 ~ ~ _ _ uw"aT i q L~ ~ ti ~i <- e- <- F «- a ~ a 0 0 y "€ S ~~ ®~ ~~~ w~ 8® ~ ~I EXHIBIT 4 31 A-8 ~l IIiIR ~ ~ V5} ~ ~ r C~ ~ F $" y9 ~!I ' tl i ; ~ MM I p i ..~ ~a. ~ r `@'~ 15 ~ ~Q F ~~~ ~ ~ a i~ s ~ p ~. B ~{"~~' `~ y~0 ~Sd} } } feel a alit ~ ~ g a ~I } a } g ~ t ~~ szf i },1~-:, } ~}3 a } i~~~ed }} a ~ k } 9J.eE } ~ a a $~33 dp ~8 .\ 1\ ~~e~~p~~ ~dB}~~; } ~~~~~~ls3~~°li_ ~ 4~ tl ~ep¢ 9~ 9~- t§t l~~~~~0~p ~ ~ t~~} ~ ~~}i} ¢Qi~$g 51 as p s2 ~~ §~ y¢ ~~ s„ ~oooooo©ooo ~I 3 W t ° R I f ~ ~ II II EXHIBIT 5 31 A-9 KO- 6/26/07 RESOLUTION NO. 2007-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-09 AS CONDITIONED TO ALLOW THE AFTER HOURS OPERATION OF THE RESTAURANT LOCATED AT 2800 NORTH MAIN STREET, SUITE 868 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. Applicant is requesting approval of Conditional Use Permit No. 2007-09 to allow the after hours operation of the restaurant located at 2800 North Main Street, Suite 868. B. Conditional Use Permit No. 2007-09 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 25, 2007. C. Pursuant to Santa Ana Municipal Code Section 41-365.5 properties within the C1 district allows, with a conditional use permit, eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line." D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission 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 after hours license will provide an additional amenity to the restaurant and thereby benefit the community by providing extra hours of food service at the eating establishment. Conditions have been placed on the conditional use permit which will mitigate any potential impacts created by the use and ensure that the eating Resolution No. 200730 Page 1 of 7 31A-10 establishment will not negatively affect the surrounding community. 2. 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 after hour license at EI Torito will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The extended hours will be in conjunction with the sit-down eating establishment that will be completely enclosed. Additionally, the adjoining residential developments are separated from the eating establishment by a surface parking lot and an arterial street. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is a large regional mall that is suitable for the proposed use. The additional hours of operation for EI Torito should increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. The use will help to further emphasize North Main Street as a commercial district. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant with an after hours conditional use permit pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. 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. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. The extended hours of operation will provide a dining service to the residents of Santa Ana. Additionally, the property is located within the District Center (DC) general plan land use Resolution No. 2007-30 Page 2 of 7 31A-11 designation which emphasizes the area as a major commercial corridor for the City. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2007-9 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-09, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow the after hours operation of the restaurant located at 2800 North Main Street, Suite 868. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated June 25, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of June, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, Leo, Mill (4) NOES: Commissioners: None (0) ABSENT: ABSTENTIONS: Commissioners: Commissioners: De La Torre, Munoz (2) Gartner (1) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee Otto Assistant City Attorney Resolution No. 2007-30 Page 3 of 7 31A-12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-30 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 25, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-30 Page 4 of 7 31A-13 Conditions for Aoaroval for Conditional Use Permit No 2007-09 Conditional Use Permit No. 2007-09 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 rior 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. A. Plannino Division 1. The project shall remain in compliance with Site Plan Review (DP No. 07- 4). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The hours of operation for the facility shall not extend past 1:00 a.m., seven days a week. B. Police Department 1. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 2. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the wntrol of the licensee. 3. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 4. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. Resolution No. 2007-30 Exhibit A Page 5 of 7 31A-14 5. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 6. There shall be no live entertainment, amplified music or dancing permitted on the premises at any time. 7. Noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 8. Existing restaurant and required parking within 60 feet must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 9. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 10. Window displays and racks must be kept to a maximum height of three feet including merchandise. 11. Atimed-access cash controller or drop safe must be installed 12. Interior displays and racks must be kept to a maximum of five feet including merchandise. 13. Install a silent armed robbery alarm. 14. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. Resolution No. 2007-30 Page 6 of 7 31A-15 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2007-30 (Conditional Use Permit No. 2007-09) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Art Rodriguez & Associates 709 East Colorado Boulevard, #200 Pasadena, CA 91101 Sofia Gonzales Real Mex Restaurants 5660 Katella Avenue, Suite 100 Cypress, CA 90630 Deepa Patel MainPlace Shoppingtown, LLC 2800 North Main Street, Suite 775 Santa Ana, CA 92705 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007-30 Page 7 of 7 31A-16