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HomeMy WebLinkAbout31B - CUP - 751 S HARBOR BLVDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: CONDITIONAL USE PERMIT NO. 2010-16 TO ALLOW THE DRIVE-THROUGH WINDOW FOR ARSENIO'S RESTAURANT TO OPERATE AFTER HOURS AT 751 SOUTH HARBOR BOULEVARD - BILL MASON, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s1 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2010-16 as conditioned. PLANNING COMMISSION ACTION On September 13, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2010-16 as conditioned by a vote of 7:0 to allow an existing drive-through window service for Arsenio's Restaurant to operate 24-hours located at 751 South Harbor Boulevard, in the North Harbor Specific Plan (SP2) zoning district (Exhibit A). The Planning Commission amended a condition to require the removal of graffiti within 24 hours of occurrence. FISCAL IMPACT There is no fiscal impact associated with this action. J Trevino Executive Director Planning & Building Agency VF:rb vftreporWcup10-16 Arsenio's Restaurant= Exhibit: 1. Planning Commission Staff Report 31 B-1 31 B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 13, 2010 TITLE: PUBLIC HEARING - FILED BY BILL MASON FOR CONDITIONAL USE PERMIT NO. 2010-16 TO ALLOW THE DRIVE-THROUGH WINDOW FOR ARSENIO'S RESTAURANT TO OPERATE AFTER HOURS AT 751 SOUTH HARBOR BOULEVARD Prepared by Vince Fregoso 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 Mana r Adopt a resolution approving Conditional Use Permit No. 2010-16 as conditioned. DISCUSSION Request of Applicant Bill Mason, representing Arsenio's Restaurant, is requesting approval of a conditional use permit to allow an existing drive-through window service to remain open between the hours of 12:00 a.m. and 5:00 a.m. at 751 South Harbor Boulevard. Property Description The subject site is located within the Riverview West Marketplace development, a 22.5 acre, rectangular shaped parcel of land located at the southeast corner of Harbor Boulevard and McFadden Avenue. The site is located within the General Commercial area of the North Harbor Specific Plan (SP-2) zoning district and has a General Plan land use designation of General Commercial (GC). Surrounding land uses include commercial and industrial to the north, single- family and multi-family residential to the south, and commercial uses to the east and west (Exhibits 1 and 2). The Riverview West Marketplace consists of nine separate parcels containing approximately 274,291 square feet of retail space within nine separate building pads. The project was originally constructed in 1995 and was expanded by an additional 6,000 square feet in 2006. Wal-Mart is the primary tenant of the center and is located on the eastern portion of the site. Parking for the development site is shared, with a total of 1,324 parking spaces provided. Exhibit A 3 Conditional Use Permit No. 2010-16 September 13, 2010 Page 2 Proiect Description Arsenio's Restaurant has been at this location within the Riverview West Marketplace since 2003. Its current operating hours for the restaurant and existing drive-through lane are from 5:00 a.m. to 12:00 a.m. In order to provide expanded service hours, the applicant is proposing to operate the drive through window function for Arsenio's Restaurant 24 hours a day. No changes are proposed to the interior or exterior of the building (Exhibits 3 and 4). The restaurant currently conforms to the provisions of the North Harbor Specific Plan. In 1996, the City Council approved Appeal No. 1996-01 of Conditional Use Permit No. 1995-09 and allowed a restaurant pad with drive-through window service at this location. Analysis of the Issues In January 1994, the City Council adopted Ordinance No. NS-2213, requiring a conditional use permit for eating establishments in certain commercial zones (C1, C4, C5 and CR) that are open between the hours of 12:00 a.m. and 5:00 a.m. and are within 150 feet of any residentially zoned or used property. Although the zoning for the site (North Harbor Specific Plan) requires a conditional use permit for restaurants and for drive-through facilities, the document was silent on after hours operations for restaurant uses. To address issues not covered in the Specific Plan and future zoning code amendments, Section 8.3.2 was incorporated into the Specific Plan. This section states that "The Santa Ana Municipal Code shall be used for all issues not addressed by the Specific Plan." Since the conditional use permit requirement for after hours uses is not specifically listed in the Specific Plan, Section 8.3.2 is applicable. Therefore, since the property is located in the General Commercial Land Use District of the Plan, and a conditional use permit to operate a drive-through on a 24-hour basis is needed in the City's commercial zoning districts, a conditional use permit to allow Arsenio's Restaurant to operate after-hours is required. The indoor dining area will be closed for after-hours use and is not part of the conditional use permit request. In reviewing applications for after-hours operation, the Planning Division considers several criteria to determine the feasibility of the request. These criteria include the crime rate of the area, the nature of the establishment, the surrounding land uses and development or operational conditions to address any potential concerns to nearby residents. Crime rate of the area - The restaurant is located within Reporting District No. 145, which ranks 8t out of 102 Citywide Districts and is an area that is above average in police related incidents. This ranking is based on the total number of calls for service in the reporting district compared to all other reporting districts. The Police Department has reviewed the proposal and has noted that this business has generated minimal service calls in the past. However, conditions of approval are proposed that are intended to minimize impacts associated with an after-hours use at this location. Conditional Use Permit No. 2010-16 September 13, 2010 Page 3 2. Type of establishment (fast-food, sit-down drive-up window) - Arsenio's Restaurant is an existing 2,600 square foot fast-food restaurant with drive-through window service. Indoor seating for 55 patrons is provided as well as another 56 spaces within the outdoor dining area. The drive-through service will operate 24-hours a day while the indoor seating area will close by 12:00 a.m. The reduction of service to drive-through only during the late night hours and the after-hours personnel for the restaurant will serve as a deterrent and reduce the potential for criminal activity. 3. Surroundinq land uses - The site is surrounded primarily by commercial to the north, east and west, with single-family and multi-family residential to the south. Several other fast-food and casual dining restaurants exist in the immediate area, including Kentucky Fried Chicken, Starbucks, Tortas Sinoloa and Dragon Bowl, and do not offer after-hours service. McDonalds, located near the subject site, does operate its drive through window 24 hours a day. The restaurant's location adjacent to two major arterial streets as well as the limited late night dining opportunities in the area makes this an appropriate location for an after-hours use. 4. Potential areas of concern - Staff has identified the area as a high activity area for prostitution related offenses and noise impacts due to its close proximity to residences as two potential areas of concern with the after-hours operation. The security conditions (increased lighting, no loitering and restrictions on pay phones) requested by the Police Department will assist in mitigating prostitution related offenses. Further, the Planning Division is requesting conditions to mitigate noise related concerns. Although the speaker box is located on the north side of the restaurant, and the building is separated from the residential uses by a six-foot high block wall and carports, staff has added conditions of approval requiring the closure of the outdoor dining area by 10:00 p.m. and the speaker box at 12:00 a.m. The approval of after-hours operation at this site will support Policy 2.2 of the Land Use Element of the General Plan, which encourages land uses that accommodate the City's needs for goods and services by providing an after-hours dining option for motorists and residents of the area. Further, staff has included several conditions of approval that will help minimize potentially negative impacts on the adjacent properties. Finally, staff has added a provision that the conditional use permit be reviewed at six months, one year and then annually to make any modifications necessary. Based on the analysis of the project, the findings of fact, conditions of approval and compatibility of the proposed use with the General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2010-16 as conditioned. 31 B-5 Conditional Use Permit No. 2010-16 September 13, 2010 Page 4 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 permitting and licensing, such as conditional use permits, for public and private structures. Categorical Exemption Environmental Review No. 2010-75 will be filed for this project. Vince Fregoso, I Principal Planner VF:jm of/reports/cupl0-16 Arsenio's Restaurant.pc 31 B-6 Rt ii -----/ Al ?? ., a II I I I 1 'I f - R2 R2 R2 R2 R2 R2 / if II u ii I .. _____?'.----'`-='1 SP -2 S? R2 R1•PRD ,? 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COMMERCIAUMUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRALBUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL CUP 10-16 ARSENIO'S RESTAURANT 751 SOUTH HARBOR BOULEVARD - - = 500 FEET 1"= 1000 FEET F L A N N I N G A N D B J T -L D I N G -7 -El E N C Y VICINITY MAP EXHIBIT 1 0% A m E7 %01 1 1-F 0 31 B-8 I N D U S T R I A L S C H O O L C O M M E R C I A L m i s c . COMMERCIAL MC FADDEN AVENUE 0 oC W J e COMMERCIAL m v PROJECT SITE w SINGL FAMILY SINGLE FAMILY SINGLE AMILY SINGLE ILY S. R S. R R S. w w w W W W W y m MULTI ¢ H a a a ¢ 'mow ¢ ¢ O J y J J N J Q FAMILY C a Q Y i i W W c a O y RESIDENTIAL w 3 w W W W W J J J J V H IL ? ? m ? ? ? ? 7 CUP 10-16 ARSENIO'S RESTAURANT 751 SOUTH HARBOR BOULEVARD 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 B-10 U') o _ J ?' yilKCf'. A It lI ;ritid e lil,° I? 'I,, - °7 ?PfS SN3NNI1 ° S,VNNV FF - - - H39ZIZ - F N ? N I ° ?/)0 J el W OC p of UIIIIIIIIIIIIIIIIIII?LJ I I S014 ma YOVwaW °i K 5 °' 50 of 0 W ?.AdI 1 '(?I 1 °I V ' 14 u• fi C CI I °I I N I w I I - ;?7 J e ? f, f 9 as ? :, bi }'J 1 ? F.f F' s F j3 ? a , # J 3 i Cz I 2 I --' 7N'J SNIW°NDIS'I? ? I O-W _'P.:) SJ4HOf VdYd 5 / OY l 3 I I 11?L ? ? °WPaOA I F -sdn I °V Wod I - O7/1H I I G I i 0 3 i i r I J® ? I i i iy I F ?! ? I[ e -, I?ai???flt ? I n :WSW". 1 al I a I I I>i??? l?SIE i 9 ,? 1; #+ N i ?,.. ??il • h F, li ? 3 ? .F ?,iili; '11111 inn, i. cup 10-16 EXHIBIT 3 31 B-12 n s ? ? g ? a ? g Y i ? N ? Q ? s : z Q IL + $ _ w ? ? B P . '?II '1'lilW'JW hDi`M NVIlTM / ?Y!1 pO C ('? a pp ? y 3{ E$ { LL up 'W III 1w III ID I f e 3 :??? o? ? ? I ?auww ; j ®o? i i i o, ?D' mg 11111 d 16 n ® l %I g e B ii x? its ? g4g 10A as LL CUP 10-16 EXHIBIT 4 31 B-14 ROH - 09/13/10 RESOLUTION NO. 2010-16 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: 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 31 B-15 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 31 B-16 ADOPTED this 13th day of September. 2010 by the following vote: AYES: Commissioners: Acosta, Alderete, Betancourt, Walters, Yrarrazaval (7) None (0) None (0) None (0) Gartner, Turner, NOES: Commissioners ABSENT: Commissioners: ABSTENTIONS: Commissioners: Eric Alderete Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Assistant 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: Secretary of the Planning Commission City of Santa Ana Resolution No. 2010-16 Page 3 of 5 31 B-17 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 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. Planninq 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 1. 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 7-2 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. A timed-access cash controller or drop safe must be installed. Resolution No. 2010-16 Page 4 of 5 31 B-18 SEPTEMBER 13, 2010 PAGE 2 OF 2 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 door(s) shall not consist solely of a screen or ventilated security door. 31 B-19 31 B-20