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HomeMy WebLinkAbout2008-065 - Approving Conditional Use Permit No. 2008-23 KG- 7/26/08 RESOLUTION NO. 2008-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-23 AS CONDITIONED TO ALLOW 2,696 SQUARE FEET OF RESTAURANT SPACE AT THE PROPERTY LOCATED AT 520 SOUTH HARBOR BOULEVARD 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: A. Applicant is requesting approval of Conditional Use Permit No. 2008-23 to allow 2,696 square feet of restaurant space at the property located at 520 South Harbor Boulevard which is located in the North Harbor Specific Plan (SP-2). B. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23 came before the Planning Commission on August 11, 2008 for a duly noticed public hearing. By a vote of 7:0, the Planning Commission voted to recommend the City Council approve Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23 as conditioned. C. The City Council held a duly noticed public hearing on September 2, 2008 and at that time considered all testimony written or oral on Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and Conditional Use Permit No. 2008-23. D. Pursuant to the North Harbor Specific Plan (SP-2), restaurants and other eating establishments, including take-out, but not including drive-through facilities are permitted subject to the issuance of a conditional use permit. E. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? Resolution No. 2008-065 Page 1 of 8 The proposed restaurant use will add an additional service to the existing community by providing an additional location for existing residents and business to eat. This will provide patrons with the convenience of purchasing food, while waiting for medical appointments or shopping at the proposed retail uses. Policy 2.2 of the Land Use Element encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Additionally, the inclusion of conditions of approval will help to ensure that the applicant will operate the project in a manner that will not create additional problems for the neighboring residents and Police Department. In addition, the proposed development complies with Policy 5.5 of the Land Use Element that encourages projects that are compatible with and supportive of surrounding land uses. 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 restaurant use will not be detrimental to persons residing or working in the area because of placement conditions of approval on the project. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The restaurant use will be a supportive use and provide additional dining and eating opportunities for the neighboring area and will not create any negative impacts to the surrounding residences and commercial businesses. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project will not negatively affect the economic stability of the surrounding area. Policy 2.5 of the Land Use Element encourages projects that balance economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. A restaurant will not affect the surrounding neighborhood or City. The addition of the restaurant space will create an additional service for the surrounding residential and commercial neighborhoods. The conditions of approval will help to mitigate any potential problems and will minimize the possibility of the restaurant affecting the economic stability for the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? Resolution No. 2008-065 Page 2 of 8 KO- 7/26/08 The proposed project is a new development and will be in complete compliance will applicable regulations and standards specified in Chapter 41. In addition, conditions of approval will be placed on the conditional use permit to ensure compliance with City standards. The proposed project complies with the intent of the City's codes and the intent of the North Harbor Specific Plan goals and objectives. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not have adverse affects on the General Plan as it is permitted in the General Commercial land use designation. Policy 2.2 and 2.5 of the Land Use Element encourage commercial land uses in adequate amounts to accommodate the City's needs for goods and services and encourages projects that balance economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. The proposed use will give the neighborhood an additional restaurant use to purchase food. Additionally, Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The proposed project is located within an existing commercial corridor and the addition of the restaurant use will not affect the General Plan of the City. F. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2006-87 came before the City Council on September 2, 2008 with the ordinance adopting ZOA 2008-03. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions and said Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2006-87 in support of this resolution. Section 2. The City Council after conducting the public hearing hereby approves Conditional Use Permit No. 2008-23 as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow the operation of 2,696 square feet of restaurant space at the property located at 520 South Harbor Boulevard. The approval of the restaurant does not include a drive-through facility. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for City Council Action dated September 2, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS-2773 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, Resolution No. 2008-065 Page 3 of 8 or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this 2nd day of September, 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers: Alvarez. Benavides. Bustamante, Martinez, Pulido. Sarmiento, Tinaiero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-065 to be the original resolution adopted by the City Council of the City of Santa Ana on September 2, 2008. Date: 9~~" / /' ( ;;;z:.. Patricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2008-065 Page 4 of 8 KO- 7/26/08 Conditions for Approval for Conditional Use Permit No. 2008-23 Conditional Use Permit No. 2008-23 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 California Building Standards 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. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 06- 43). 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. Prior to final issuance of a building permit, a sign program shall be submitted to the Planning Division for review and approval. 4. Construction areas shall receive appropriate routine maintenance to reduce unnecessary debris piles. 5. Construction areas shall have appropriate erosion and dust control programs in place. 6. Construction lighting shall be limited to safety and security and directed to minimize light and glare impacts to any adjacent sensitive receptors. 7. The proposed project will comply with the design standards outlined in the City of Santa Ana's North Harbor Specific Plan. 8. For the proposed commercial building, subterranean parking, and surface parking lot, all lighting shall comply with all City zoning, building, and NHSP design guidelines and will utilize directional and/or shielded lighting in order to minimize spillover effects to adjacent vicinities. The applicant will provide the City, for their approval, a lighting plan with a photometric study that shows the point-by-point foot-candle layout to 20 feet outside the property line (NHSP 6.2.3). Additionally, all new projects shall provide an ornamental night lighting plan, prepared by an electrical engineer, and approved by the building, planning, and police departments (NHSP 6.2.3). Exhibit A Resolution No. 2008-065 Page 5 of8 9. The applicant shall apply soil stabilizers to inactive areas; water exposed surfaces two times a day to reduce air quality impacts from construction related activities. 10. The applicant shall apply position equipment staging areas away from the sensitive receptors to reduce air quality impacts from construction related activities. 11. If human remains are unearthed during construction, work shall cease immediately and the County Coroner shall be contacted to make necessary findings as to the origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American decent, the NAHC shall be notified. The NAHC will identify the ancestry of the remains and determine which course of action should be taken in addressing the findings. 12. If the temporary structures are to be demolished, then as a condition of approval for the project, an asbestos containing materials survey will be performed by a qualified environmental professional before any demolition permit is issued. Said survey will adhere to federal, state, and local regulations and will be sent to the City for approval. If the survey finds ACMs in the temporary structures, then those materials containing ACMs will be removed and disposed of in accordance with federal, state, and local laws and regulations. 13. If lead-based paint is discovered during on-site investigations, all building materials containing lead-based paint will be removed, transported, and disposed of at landfills that meet acceptance criteria for the waste being disposed. Demolition and removal shall be performed in conformance with federal, state, and local laws and regulations pertaining to lead based paint. 14. As part of the design for the proposed project, a Water Quality Management Plan (WQMP) will be prepared and implemented. The WQMP will include structural and nonstructural Best Management Practices (BMPs), which will avoid or minimize, to the greatest extent possible, the impacts associated with the daily operation of the project site. 15. The proposed project will require a National Pollution Discharge Elimination System (NPDES) permit and will require the preparation of a Stormwater Pollution Prevention Plan (SWPPP) incorporating BMPs to reduce stormwater impacts during construction. 16. Construction activities shall comply with the applicable local jurisdiction's construction noise requirements. The City of Santa Ana Noise Ordinance prohibits construction activities between the hour of 8:00 p.m. and 7:00 a.m. Monday through Saturday, anytime on Sundays, and federal holidays. Resolution No. 2008-065 Page 6 of 8 KO- 7/26/08 17. All noise-producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers and air-inlet silencers, where appropriate, in good operating condition that meet or exceed original factory specifications. Mobile or fixed "package" equipment (e.g., arc-welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. 18. All mobile or fixed noise producing equipment used on the project, which is regulated for noise output by a local, state, or federal agency, shall comply with such regulation while in the course of project activity. 19. All material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise sensitive receptors. 20. The applicant shall locate fixed noise generating equipment as far from noise sensitive land uses as practical to avoid unnecessary annoyance from construction noise. 21. The hours of construction, including noisy maintenance activities, shall be restricted to the periods and days permitted by the City of Santa Ana Noise Ordinance. 22. The loudest construction activities, such as concrete breaking and jack hammering, shall be limited to the middle of the day when the sensitivity to such noises will be at its lowest. 23. Noise producing signals, including horns, whistles, alarms, and bells shall be used for safety warning purposes only. 24. No project related public address or music systems shall be audible at any adjacent receptor. 25. If complaints arise, the contractor shall initiate a construction noise- monitoring plan to ensure the construction noise levels at the nearest noise sensitive land uses are within the limits of the noise ordinance. 26. Use of temporary noise barriers shall be considered where project activities and equipment is unavoidably close to noise sensitive receptors. 27. The use of on-site trailers and containers as temporary barriers between any fixed construction noise source and nearby sensitive receptors shall be used to avoid unnecessary annoyance from construction noise. 28. The proposed project will implement a Traffic Management Plan (TMP) to be prepared, in consultation with the City of Santa Ana, prior to construction. The TMP shall consist of prior notices, adequate sign- postings, detours, and temporary driveways, if required. Adequate access shall be maintained at all times to and from existing driveways serving Resolution No. 2008-065 Page 7 of8 adjacent land uses. Proper detours and warning signs shall be established to ensure public safety. The TMP shall be devised so that construction will not interfere with any emergency response or evacuation plans. The TMP shall specify construction routes so that construction workers and vehicles will travel non-residential street, as practical. B. Police Department 1. Subterranean parking to be equipped with a rolling overhead grille equipped with an Emergency Knox Access System. 2. Parking garage design: Each door within the structure leading into a stairwell, lobby, and storage area must be outfitted with a 100 square inch rated window. Convex mirrors minimum of 12-inch in diameter must be provided at each stairwell landing and at each comer along a walkway. The area underneath the last flight of each stair must be fully enclosed at its base. Elevator lobbies must be glass encased (glass entry doors) to provide the user with maximum visibility. Elevations of the glass-encased lobby are to be submitted for review and approval prior to installation. Elevator lobbies must open directly into the parking garage. Elevators are to be equipped with a minimum 12-inch shatterproof convex mirrors or are to have mirrored backing. 3. One State licensed uniformed security guard will be required of the exterior of the property seven days a week, twenty-four hours a day. 4. Underground parking garage elevator lobby to be glass encased to provide maximum ViSibility. 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