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Home My WebLink About31A - 1005 SOUTH HARBOR BLVD REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 7, 2008 TITLE: CONDITIONAL USE PERMIT NO. 2008-02 AND VARIANCE NO. 2008-02 TO ALLOW THE CONTODO MEXICAN GRILL TO OPERATE WITH A REDUCTION IN THE FRONT YARD SETBACK AT 1005 SOUTH HARBOR BOULEVARD - MARTHA GOMEZ PPLICANT APPROVED D As Recommended D As Amended D Ordinance on 15t Reading D Ordinance on 2nd Reading D Implementing Resolution o Set Public Hearing For d:= CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2008-02 as conditioned and Variance No. 2008-02 as conditioned. PLANNING COMMISSION ACTION On March 10, 2008, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2008-02 as conditioned and adopted a resolution approving Variance No. 2008-02 as conditioned by a vote of 5:0 (Gartner abstained, Leo absent) to allow a restaurant in the North Harbor Specific Plan (SP-2) zoning district with a reduction in the front yard setback at 1005 South Harbor Boulevard. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~v-~ Jay.~. Trevino Executive Director Planning & Building Agency VF:rb vf\reports\cup08-02&va08-02 Contodo,cc 31A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 10, 2008 TITLE: PUBLIC HEARING - FILED BY MARTHA GOMEZ FOR CONDITIONAL USE PERMIT NO. 2008-02 AND VARIANCE NO. 2008-02 TO ALLOW THE CONTODO MEXICAN GRILL TO OPERATE WITH A REDUCTION IN THE FRONT YARD SETBACK AT 1005 SOUTH HARBOR BOULEVARD Prepared by Vince Fregoso PLANNING COMMISSION SECRETARY APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~/~ Executive Director ~~~ Planning Manage RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2008-02 as conditioned. 2. Adopt a resolution approving variance No. 2008-02 as conditioned. DISCUSSION Request of Applicant Ms. Martha Gomez, representing the Contodo Mexican Grill, is requesting approval of a conditional use permit and variance to allow a vacant building to operate as the Contodo Mexican Grill at 1005 South Harbor Boulevard. Specifically, the applicant is requesting a conditional use permit to operate a restaurant within the North Harbor Specific Plan (SP- 2) zoning district and a variance for a reduction in the front yard setback. Property Description The subject site is a 19,600 square foot, square shaped parcel of land located at the southeast corner of Harbor Boulevard and Kent Avenue. The site currently contains a vacant, 1,530 square foot building that has historically been occupied by restaurant uses. A total of 24 parking stalls are provided on the property. The site has a current zoning designation of North Harbor Specific Plan (SP-2) and a General Plan land use designation of General Commercial (GC). Surrounding land uses include commercial to the north, south, east and west (Exhibits 1 and 2) . EXHIBIT A 31A-2 Conditional Use Permit No. 2008-02 Variance No. 2008-02 March 10, 2008 Page 2 Project Description The Contodo Mexican Grill intends to operate within a vacant, 1,530 square foot building that was formerly occupied by Lily's Bakery. In addition to the remodel of the existing interior, the applicant intends to construct a 1,000 square foot addition and an outdoor dining area to the building. The current building will accommodate seating for 44 patrons, with the expansion increasing the restaurant seating to 86 patrons both within the building and on the outdoor patio (Exhibits 3 and 4) . The applicant intends to remodel the exterior fa9ade of the structure into a more contemporary design. Elements such as metal canopies, a metal arched entry and rectangular build forms all enhance the appearance of the structure (Exhibit 5). The restaurant, which is planning a summer 2008 opening, is intending to be open for lunch and dinner. Operating hours for the restaurant will be from 10:00 a.m. to 12:00 a.m. seven days per week. The Contodo Mexican Grill has submitted a separate application to provide alcoholic beverages to customers as a service ancillary to the primary restaurant use. Analysis of the Issues The applicant is proposing to remodel, expand and reoccupy a vacant building as a restaurant use within the General Commercial district of the North Harbor Specific Plan. Section 3.5.2 of the Specific Plan requires a conditional use permit for restaurants and other eating establishments. The intent of the conditional use permit is to ensure uses comply with the general concepts and policies of the North Harbor Specific Plan. The proposed restaurant use is consistent with the concepts and policies of the Specific Plan. First, the rehabilitation of the structure is consistent with the policy of improving the visual character of Harbor Boulevard. For instance, the applicant proposes to remodel the building using a contemporary design and materials that will improve the building and enhance the corridor. Second, the project will establish a consistent landscape scheme that is consistent with the Specific Plan. The plan encourages a consistent tree palette in the public right-of-way and within the private parking lot. The applicant has submitted a landscape plan that provides code required canopy trees in the parking 31A-3 - Conditional Use Permit No. 2008-02 Variance No. 2008-02 March 10, 2008 Page 3 lot planters and street trees per the Specific Plan. Finally, the Plan encourages developments that upgrade the image of the area and assist in at tracting new investment to Harbor Boulevard. The proposed proj ect, with its reuse of a vacant building at a primary intersection and with enhanced architecture, will serve as an economic catalyst to the immediate area. The applicant is also requesting approval of a variance to reduce the required building setback along the west property from 15 to three feet. Section 41-368 of the Santa Ana Municipal Code requires a 15-foot landscaped setback where a building fronts a public street. However, due to the placement of the existing building, the applicant has been unable to comply with the setback standard. The applicant is proposing to maintain the existing three-foot front yard setback. To comply with the setback standard, the applicant would be required to remove approximately 300 square feet of building area. This would affect the main entrance to the restaurant and would result in a loss of 12 seats and would adversely impact the proposed restaurant. To mitigate the reduced setback, staff is requiring the upgrading of landscape material on the site, including parking lot trees and hedges (Exhibit 6). The reuse of a vacant building will enhance the economic stability of the area and will improve the urban design of Harbor Boulevard. Based upon the analysis of the project and the project I s compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-02 as conditioned and Variance No. 2008-02 as conditioned. CEQA Compliance This proj ect was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that involves the licensing of an existing structure with little or no expansion involved. Categorical Exemption Environmental Review No. 2007-146 will be filed for this project. 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PROJECT j SITE II 1,1 1 ~ SP-2 ~~ - EDINGER AV C i t Y o f M e s a Cas f a SP-2 A1 GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUN'TY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 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 HEAVY INDUSTRIAL MO MILITARY OPERATIONS o OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT 'S'....... \W o R1 I;:LDER AV R1 HARD AV, R1 R2 PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN CUP 08-2NA 08-2 CONTODO MEXICAN GRILL 1005 SOUTH HARBOR BOULEVARD A rPY' 1" = 1000 FEET P LAN N N G AND B U VICINITY MAP 3 ;~~~T 1 L 0 - = 500 FEET N G AGE N C Y -J "l: C a: (,) ~ W ex: ..J ::::) lU 0 :;; m :;; 0 (,) KENT AVENUE ~ \iIII -J "l: (,) ex: lU :;; :;; o (,) -J -J "l: "l: i:: <: lU (,) Cii ex: lU ex: lU >- -J :;; :;; "l: lL. :;; I- -J W 0 ~ W <: a: (,) C/) I- en KENT AVENUE a: o m a: <C ~ , "\ ~R(;IAL -J "flC1!J,f!CT ..,. 0 u P L E X - In i-- <: lU a - C/) -J lU ex: "l: - >- -J (,) - <: ex: "l: lL. lU :;; lU -J ~ I :s: ~ ;;> - 0 C/) (,) CUP 08-2NA 08-2 CONTODO MEXICAN GRILL 1005 SOUTH HARBOR BOULEVARD PLANNING AND BUILDING -J ~ tlj 9 ~ <C o a: w ::::) e" u::: ::::! :;; lI: lU -J ~ ~ ~-J ~~ lI:tlj lU9 -J[B ~ex: (jj ~ .g.(' AGE N C Y LAND USE MAP EXHIBIT 2 31A-6 8~ Ii Oz u , ~~ n Iii IO~..< J1 JeJ~ ~~ I Ii! ~ I~ : ~ i;gi~~u i 1M ~II iiI ~ I I I I !.; II! i d!! 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III ;111111 !~I ;!U ~~ilil il i~hMi i~ U~ h~;U ~ ~ih ~IJ mt imu !;I IIi Iml ill U~ ili !1M ull! ~ ri Ii~ .~4 ~ i~l~ Ii~ ~~'I d! ~!!~! ~!I~ ~ ~Id, ~M ..-/ aroJf)Z1'l'.t ~ ~ ~~ ~i ~ r 8 ~ ~ . ~ ~ It. I ~ ~ I i ~ ~; Ii ~ ~ II ~ i ~Ul ~ ! i ~ ~ ~ ~ .""l ~ ~ 2 i i ~ ~ li ~2 ~ i ~; hi! it;! i ~ ~ ~ P I ~~~! , i ~ ~ .i i t ~~ l~ I I ~ ~ ?", f <I;' ~. - .t '4 ~ o~ o:W: &:it i I.~ ~ .~ ~ L ~ ~~ ~~ i ~. l~ >~ ~ . ~ . ~ ~ " LI ~ ~ ~ ~ B !h 2hdUdd I~ ,~ h ~ I ~ I !~ I!~ Ii ~ ~ I ~ I In! n; I~ !i 1:::::J8.~~ ~ KO- 3/6/08 RESOLUTION NO. 2008-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-02 AS CONDITIONED TO ALLOW A RESTAURANT; AND VARIANCE NO. 2008-02 AS CONDITIONED TO ALLOW A REDUCTION IN FRONT YARD LANDSCAPE SETBACKS FOR THE PROPERTY LOCATED AT 1005 SOUTH HARBOR BOULEVARD WHICH IS LOCATED WITHIN THE NORTH HARBOR SPECIFIC PLAN (SP-2) ZONING DISTRICT 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 a conditional use permit operate a restaurant within the North Harbor Specific Plan (SP-2) zoning district and variance for a reduction in the front yard setback for the property located at 1005 South Harbor Boulevard. B. Conditional Use Permit No. 2008-02, and Variance No. 2008-02 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 10, 2008. C. Conditional Use Permit No. 2008-02 has been filed with the City of Santa Ana seeking to allow a restaurant within the North Harbor Specific Plan (SP-2) zoning district. 1. Pursuant to North Harbor Specific Plan (SP-2) Section 3.5.2 (4), restaurants may be permitted in the SP-2 zoning district subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed Contodo Mexican Grill will provide a service to the community by providing a restaurant Resolution No, 2008-11 Page 1 of 9 31A-11 use within a vacant building. Further, the site will be brought into compliance with the zoning code, including lighting and safety, which will reduce potential negative impacts and avoid the potential of an attractive nuisance being established. 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 restaurant will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. With the exception of outdoor dining, all business will occur within the building, which will reduce the potential for negatively impacting the surrounding businesses and residents. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site contains a small commercial building that is suitable for the proposed project. Numerous restaurants were previously located within the building. The reoccupation of an existing vacant building identifies this site as a stable, viable location for businesses to exist. 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 of Chapter 41 of the Santa Ana Municipal Code. The applicant is processing a variance application to allow a reduction in landscaped setbacks. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan as restaurants are permitted within the General Commercial (GC) General Plan land use designation. Resolution No, 2008-11 Page 2 of 9 31A-12 D. Variance No. 2008-02 has been filed with the City of Santa Ana seeking to reduce the front yard landscaping from the required fifteen (15) feet to three (3) feet as required by Section 41-368 of the Santa Ana Municipal Code. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The proposed reduction in the front yard setback will allow the applicant the ability to operate a restaurant in a vacant building. The removal of building area to comply with code would be a hardship on the applicant as critical seating areas would be reduced. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the setback variance will preserve the property owner's ability to establish a use that is consistent with the North Harbor Specific Plan (SP-2) zoning district and with a project that is consistent with the goals and policies of the General Plan. A condition of approval is incorporated that will require enhanced landscaping on the site to mitigate the reduced setback. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the setback variance will not be detrimental to the public welfare or injurious to surrounding property. The proposed project will be brought into compliance with all other provision of the Municipal Code, including parking, signage and landscaping. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City as restaurants are permitted in the General Commercial (GC) General Plan land use designation. Further, the proposed building is consistent Resolution No. 2008-11 Page 3 of 9 31A-13 with Goals 1 and 4 of the General Plan Land Use Element, which encourage the City to promote a balance of land uses to address basic community needs and encourage the rehabilitation of vacant properties. F. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that involves the licensing of an existing structure with little or no expansion involved. Categorical Exemption Environmental Review No. 2007-146 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 1005 South Harbor Boulevard: 1. Conditional Use Permit No. 2008-02, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a restaurant in the North Harbor Specific Plan (SP-2) zoning district. 2. Variance No. 2008-02, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in the front yard setback from fifteen (15) feet to three (3) feet. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated March 10, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of March, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Mill, Munoz (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: Gartner (1) Harvey De La Torre Vice Chairman Resolution No. 2008-11 Page 4 of 9 31A-14 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 10, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-11 Page 5 of 9 31A-15 Conditions for Approval for Conditional Use Permit No. 2008-02 Conditional Use Permit No. 2008-02 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 the revocation of the conditional use permit. A. Plannina Division 1, All proposed site improvements must conform with the Site Plan Review approval of DP No. 07-60. 2, All landscaping on the site shall be upgraded to a minimum 24 inch box trees and 15 gallon shrubs. 3, 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. B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under control of the licensee. 2, There shall be no public telephones located on the exterior of the premises. All interior payphones are to be designed to allow outgoing calls only. 3. The applicant(s) shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 4, The parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. These code conditions will require that the existing project's lighting be upgraded to current code standards. Light standards cannot be located in required landscape planters. Exhibit A Resolution No. 2008-11 Page 6 of 9 31A-16 5. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 6. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 7. Window displays and racks must be kept to a maximum height of three feet including the merchandise. 8. A timed access cash controller or drop safe must be installed. 9. Install a silent armed robbery system. 10. The licensee shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. 11 . It shall be the licensee responsibility to ensure that CPC 602 is complied with at all times that the premise is in operation. 12. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Sections 12-1 and 12-2. 13. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 14. There shall be no fixed bar or lounge area upon the premises. 15. 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. 16. There shall be no pool tables, coin operated games or video machines maintained upon the premises at any time. 17. The sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 12:00 a.m. 18. There shall be no live entertainment, amplified music or dancing on the premises. 19. Noise and/or ambient music shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 2008-11 Page 7 of9 31A-17 20. This land use authorization is only for a Type 41 on-sale beer and wine, public eating place facility, with any other license use at this location requiring new land use clearance. 21. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modifications to the conditions of approval. Resolution No. 2008-11 Page 8 of 9 31A-18 Conditions for Approval for Variance No. 2008-02 Variance No. 2008-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plannina Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 07-60 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. All landscaping on the site shall be upgraded to a minimum 24 inch box trees and 15 gallon shrubs. B. Police Department 1. Prior to issuance of any building permit, submit a conceptual lighting plan for the parking lot. Light standards cannot be located in landscaped areas to avoid conflict with the canopy growth of trees. 2, The existing parking lot and building must conform to the provision of the Building Security Ordinance, including lighting, doors and window locking devices, and addressing. Exhibit B Resolution No, 2008-11 Page 9 of 9 31A-19 PROOF OF SERVICE (C.C.P. SECTION 1 013(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. 2008-11 (Conditional Use Permit No. 2008-02 and Variance No. 2008-02) In this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Martha Gomez 3664 South Bristol Street Santa Ana, CA 92704 [ ] 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 31A-20