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HomeMy WebLinkAboutReso25-03_2600 S Bristol St Resolution No. 2025-03 Page 1 of 10 RESOLUTION NO. 2025-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2025-01 AS CONDITIONED TO ALLOW THE AFTER- HOURS OPERATIONS OF A DRIVE-THROUGH FROM 6:00 A.M. UNTIL 1:00 A.M. SUNDAY THROUGH THURSDAY, AND 6:00 AM UNTIL 1:30 A.M. FRIDAY AND SATURDAY AT AN EATING ESTABLISHMENT LOCATED AT 2600 S. BRISTOL STREET (APN: 412-201-07) 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. Cotti Foods California, Inc. (“Applicant”), representing Wendy’s Restaurant (“Wendy’s”), is requesting approval of Conditional Use Permit (CUP) No. 2025- 01 to allow the after-hours operation of a drive-through for a proposed eating establishment located at 2600 S. Bristol Street (“Project”). B. Santa Ana Municipal Code (“SAMC”) Section 41-412.5 (d) requires approval of a CUP for eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m., and located within 150 feet of residentially used or zoned properties (measured from property line to property line) in the Planned Shopping Center (C4) zoning district. C. On June 26, 1989, the City of Santa Ana Planning Commission held a public hearing for the proposal of a new drive-through restaurant located at 2600 S. Bristol Street, for a Kentucky Fried Chicken (KFC). The Planning Commission approved CUP No. 1989-12 to allow a drive-through, and variance (VA) No. 1989-12 to allow a reduction of a 15-foot street setback requirement. As part of the approval, the Planning Commission limited the hours of the drive-through from 11:00 a.m. to 9:00 p.m. D. The KFC restaurant occupied the building from 1989 until 2024, when KFC ceased operations. E. On December 5, 2024, Wendy’s applied for a Certificate of Occupancy to occupy 2600 S. Bristol Street as an eating establishment. However, the proposed drive-through hours of operation require a new CUP for after-hours operations between 12:00 a.m. and 6:00 a.m. and within 150 lineal feet of residential properties and zones. F. On January 27, 2025, the Planning Commission held a duly-noticed public hearing on CUP No. 2025-01. Resolution No. 2025-03 Page 2 of 10 G. The Planning Commission determines that the following findings, which must be established in order to grant a CUP pursuant to SAMC Section 41-638, have been established for CUP No. 2025-01 to allow the after-hours operations for the drive-through at an existing eating establishment located at 2600 S. Bristol Street. 1. That the proposed use will provide a service or facility, which will contribute to the general wellbeing of the neighborhood or community. The subject site, constructed in 1989, is undergoing an extensive renovation project to enhance its offerings and compete with local businesses. By allowing the business hours for the drive- through to be extended until 1:00 a.m. on Sunday through Thursday and until 1:30 a.m. Friday and Saturday, after the remodeling is completed, the business will be able to offer convenient services to patrons who work late night shifts or early morning commuters. This will thereby benefit the community by providing an eating establishment with an additional and complementary food related amenity as well enhance the city’s economic and fiscal viability. A property maintenance agreement and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. 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 after-hours operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed on the CUP that will mitigate any potential negative impacts to the surrounding community including security cameras, silent armed robbery alarm, and code compliant lighting across the site. Wendy’s is a well-established national store franchise with policies and procedures that include an employee training program focused on security and minimizing calls for service. Additionally, the subject establishment is surrounded by a range of commercial uses to the north, east, & south. The proposed hours of operation are consistent with other similar eating establishments and service stations along S. Bristol Street such as Denny’s at 2530 S. Bristol and Carl’s Jr at 2511 S. Bristol Street. These proposed hours of operation are not anticipated to create any nuisances related to the noise and lighting due to the site’s physical distance away from sensitive land uses. Single-family residential uses lay approximately 250 linear feet to the west; however, they are buffered by an existing comm ercial building and parking area. Additionally, the drive-through speaker boxes face Bristol Street and are located away from residential uses. Further reducing Resolution No. 2025-03 Page 3 of 10 any noise impacts in the area. The proposed use will have a minimal impact on residents. Therefore, the granting of the CUP will not negatively impact any sensitive land uses that may be nearby. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the eating establishment to compete with other nearby eating establishments that offer similar food offerings with after-hours operations. Moreover, the establishment’s proposed hours of operation are consistent with those of eating establishments of a similar nature along the Bristol Street corridor. The after-hours use will benefit the surrounding area, as the reinvestment on the commercial site will increase economic activity during additional business hours. Moreover, extending operational hours will allow the eating establishment to remain economically viable and better compete with nearby businesses, thereby contributing to the overall success of the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with all applicable regulations of Chapter 41 of the SAMC for establishments that operate between 12:00 a.m. and 5:00 a.m. Approval of the CUP will bring the use into compliance with operational standards and conditions of approval will mitigate any potential impacts to the general vicinity and ensure that the use does not impact neighboring properties or create an attractive nuisance. Moreover, previously approved VA 1989-12 which allowed a reduction in the fifteen-foot street setback will remain with the land. 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 after-hours operation of the drive-through located at the site will not adversely affect the General Plan. Approval of this application will be consistent with several goals and policies of the General Plan, specifically Goals 2, 3, 4. The project is located in the Urban Neighborhood Medium-Low (UN-30) General Plan land use designation, which allows for development of semi urban villages that are well connected to schools, parks, and shopping centers. Goal 2 of the Land Use Element (LU) encourages a balance of land uses that meet Santa Ana’s Resolution No. 2025-03 Page 4 of 10 diverse needs. Policy 2.2 of the LU encourages a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. Approval of this CUP allows Wendy’s to capture additional clientele during non- traditional operating hours in an effort to serve late night customers and early morning commuters. Policy 2.7 of the LU supports land use decisions that encourage the creation, development, and retention of business in Santa Ana. Approval of this CUP will encourage further investment on the site through both interior and exterior remodels. Goal 3 of the LU encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. Approval of this CUP facilitates the operations of a long-established eating establishment located at this corner of Bristol and Central Avenue. Policy 3.7 of the LU supports the promotion of a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors. Approval of this CUP demonstrates the city’s support for local businesses to reinvest in their facilities. Goal 4 supports a sustainable Santa Ana through improvements to the built environment. Lastly, Policy 4.1 of the LU encourages the promotion of complete neighborhoods by encouraging a mix of complementary uses, community services, and people-places within a walkable area. The granting of the CUP will provid e an additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the eating establishment is located within an existing commercial area and its operations will be compatible with the surrounding commercial businesses. 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 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project proposes to allow the operation of the existing drive-through from 6:00 a.m. to 1:00 a.m. Sunday through Thursday and 6:00 a.m. to 1:30 a.m. Friday and Saturday. The drive-through would be ancillary to the primary eating establishment, with negligible or no expansion of the existing use proposed. As such, a Notice of Exemption, Environmental Review No. 2024-106, 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 Resolution No. 2025-03 Page 5 of 10 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 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. 2025-01, as conditioned in Exhibits A, attached hereto and incorporated herein, for the Project located at 2600 S. Bristol Street. 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 January 27, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 27th day of January 2025 by the following vote. AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Isuri Ramos, Alan Woo (5) NOES: Commissioners: ABSENT: Commissioners: Bao Pham (1) ABSTENTIONS: Commissioners: Jennifer Oliva (1) Jennifer Oliva Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Melissa M. Crosthwaite Senior Assistant City Attorney Resolution No. 2025-03 Page 6 of 10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-03 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2025. Date: Nuvia Ocampo Recording Secretary City of Santa Ana 1/27/2025 Resolution No. 2025-03 Page 7 of 10 EXHIBIT A Conditions of Approval for Conditional Use Permit No, 2025-01 Conditional Use Permit No. 2025-01 allowing the after-hours operations of a drive-through from 6:00 a.m. to 1:00 a.m . Sunday through Thursday and until 1:30 a.m. Friday and Saturday is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the SAMC, the California Building Standards Code, and all other applicable regulations. The Applicant shall comply with each and every condition listed below in order to exercise the rights conferred by this conditional use permit. The Applicant shall 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. 1. 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 if the conditional use permit must be amended. 2. The operational hours for the drive-through are limited to 6:00 a.m. to 1:00 a.m., Sunday through Thursday, and 6:00 a.m. to 1:30 a.m., Friday and Saturday. These hours of operation supersede the hours of operation imposed by the original conditional use permit (CUP No. 1989-12), which limited the hours of the drive-through to 11:00 a.m. to 9:00 p.m. 3. The premises shall not be used exclusively for private parties, including promotional events, in which the public is excluded. 4. The sale of alcoholic beverages shall be prohibited, unless a conditional use permit is reviewed and approved by the Planning Commission pursuant to SAMC Section 41- 196. 5. The Applicant shall remove any unpermitted signage and/or temporary banners/flags from the site. 6. The Applicant shall finalize any City Planning and Building Agency (PBA) permits relating to the interior and exterior improvements of the subject building and property. 7. Once construction is completed, the Applicant shall schedule inspections and obtain and have been issued a Certificate of Occupancy Certificate prior to operating at the site. 8. All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping shall be evergreen and maintained in a healthy manner throughout the lifetime of the CUP. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in-kind immediately. Resolution No. 2025-03 Page 8 of 10 9. A silent armed robbery alarm shall be installed prior to issuance of a building permit. 10. Security cameras shall be installed prior to issuance of a building permit. 11. “No Loitering/Trespass” signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 12. 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. 13. The Applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses. 14. Violations of the Conditional Use Permit as contained in Section 41-647.5 of the SAMC will be grounds for permit suspension and/or revocation as described in Section 41- 651 of the Santa Ana Municipal Code. 15. 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. 16. The Applicant shall be responsible for maintaining the premises free of graffiti. Pursuant to SAMC Section 10-227 (b), all graffiti shall be removed within 24 hours of occurrence. 17. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 18. Site illumination levels must remain in compliance with Section 8 -211 (Special Commercial Building Provisions) of the SAMC at all times. 19. The Conditional Use Permit shall be subject to an administrative review by the Planning Division within six (6) months of the issuance of a Certificate of Occupancy. The review shall focus on the after-hours operations and may include, but is not limited to, review of compliance with the conditions of approval, service calls and/or police reports. At conclusion of the administrative review, the Planning Division shall make a determination if additional review by the Planning Commission is required. Added on January 27, 2025, by the Planning Commission. 20. Within 90 days of the adoption of this resolution, 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 Property Maintenance Agreement with the City of Santa Ana, which shall be recorded against the property. The Property Maintenance Agreement will be subject to review and applicability by the Planning and Resolution No. 2025-03 Page 9 of 10 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, and which shall be in a form reasonably satisfactory to the City Attorney. The Property Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: 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 measure; adherence to approved project phasing etc.); 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); 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 on or about 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 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 Property Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms; f) The Property 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 lease, 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; g) The Property 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 Resolution No. 2025-03 Page 10 of 10 maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a 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; and h) The execution and recordation of the Property Maintenance Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement.