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HomeMy WebLinkAbout2010-16 RESOLUTION NO. 2010-16 ROH - 09/13/10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-16 AS CONDITIONED TO ALLOW AFTER HOURS OPERATION FOR THE PROPERTY LOCATED AT 751 SOUTH HARBOR BOULEVARD 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: C~ A. Applicant is requesting approval of Conditional Use Permit No. 2010-16 to operate a restaurant between the hours of 12:00 a.m. to 5:00 a.m. for the property located at 751 South Harbor Boulevard. B. The North Harbor Specific Plan (SP-2) sections 3.5.1 and 8.3.2 require all permitted uses within the district to comply with all applicable sections of the Santa Ana Municipal Code. Santa Ana Municipal Code section 41-377.5(a) requires a conditional use permit for any use in the C2 district that would require a conditional use permit in the C1 district. Santa Ana Municipal Code section 41-365.5(f) requires a conditional use permit for restaurants open between the hours of 12:00 a.m. and 5:00 a.m. and located within one-hundred and fifty (150) feet of residentially zoned property. C. On September 13, 2010, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2010-16. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established: 1. 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 after-hours operation 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 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? Resolution No. 2010-16 Page 1 of 5 The proposed late night operation 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 such as noise or loitering and will provide an after-hours dining option for motorists. The Police Department has added appropriate conditions to the project that will prevent it from becoming an attractive nuisance in the future. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 22.5-acre site is currently being used as a retail center and contains fast-food restaurants with drive-through service. The allowance of the after-hours operation will complement the economic stability of the area by providing greater opportunities for generating revenue for the restaurant through the attraction of additional patrons. 4. 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 imposed on a restaurant with an after-hours conditional use permit pursuant to the North Harbor Specific Plan and 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 need 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 General Commercial General Plan land use designation which permits restaurant uses. 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. 2010-75 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2010-16 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 13, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. • Resolution No. 2010-16 Page 2 of 5 ADOPTED this 13th day of September, 2010 by the following vote: AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Turner, Walters, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: NonE APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~ r Ryan O. odg Assistan City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2010-16 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 13, 2010. Date: ~~-0 '~ v Secretary of the Planning Commis City of Santa Ana • Resolution No. 2010-16 Page 3 of 5 • Conditions for Approval of Conditional Use Permit No. 2010-16 Should Conditional Use Permit No. 2010-16 be approved, the project shall comply 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 rip or 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 The project shall remain in compliance with Site Plan Review (DP No. 10-23). 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 speaker box for the drive-through window service shall cease operation between the hours of 12:00 a.m. and 5:00 a.m. The ordering of food service during the after- . hours operation shall be made from the pick-up window. 4. The outdoor dining area for the restaurant shall be closed by 10:00 p.m. B. Police Department Any graffiti painted or marked upon the premises or on any adjacent area under control of the licensee(s) shall be removed or painted within ~2 24 hours of being applied (Amended by the Planning Commission on September 13, 2010). 2. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 3. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 4. Window displays and racks must be kept to a maximum height of three feet including merchandise. 5. Atimed-access cash controller or drop safe must be installed. ~J Resolution No. 2010-16 Page 4 of 5 SEPTEMBER 13, 2010 PAGE2OF2 6. Install a silent armed robbery alarm. 7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under control of the licensee. 8. 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. 9. 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. 10. The existing restaurant and required parking within 60 feet of the building 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. Light standards cannot be located in required landscape planters. • 11. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code Section 602, on the exterior of the premises. 12. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premise is in operation. 13. Amplified music may not be played outside. 14. No ambient music, noise or sound may be audible beyond 20 feet from the exterior of the premises in any direction. 15. The south door(s) shall be kept closed at all times during the operation of the premises except to permit deliveries. Deliveries may not be made between the hours of 12:00 a.m. and 7:00 a.m. 16. The south doors} shall not consist solely of a screen or. ventilated security door. •