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HomeMy WebLinkAbout31B - CUP - 120 WEST FIFTH ST SUITE 110REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE_ CONDITIONAL USE PERMIT NO. 2010-20 TO ALLOW THE RAMONA BANQUET HALL AT 120 WEST FIFTH STREET, SUITE 110 - CARLA LEONARDO, APPLICANT ?? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED Q As Recommended Q As Amended D Ordinance on 'I?' Reading ? Ordinance on 2"' Reading ? Implementing Resolution (] Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2010-20 as conditioned. PLANNING COMMISSION ACTION On September 27, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2010-20 as conditioned by a vote of 7:0 to allow the Ramona Banquet Hall in the basement level of an existing commercial building at 120 West Fifth Street, Suite 110 located in the Specific Development No. 84-Downtown (SD84-DT) zoning district. 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. Jay revino Executive Director Planning & Building Agency LL:rb II\reports\PC end ZA\cup?0-20 Ramona Bldg.cc Exhibit: A. Planning Commission Staff Report 31 B-1 31 B-2 REQUEST FOR Planning Commission Action _?: PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY SEPTEMBER 27, 2010 APPROVED TITLE: ? As Recommended PUBLIC HEARING -FILED BY CARLA LEONARDO O As Amended FOR CONDITIONAL USE PERMIT NO. 2010-20 TO ? Set Public Hearing For ALLOW THE RAMONA BANQUET HALL AT 120 WEST DENIED FIFTH STREET, SUITE 110 ? Applicant's Request O Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus Executive Director Planning Mana er RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2010-20 as conditioned. DISCUSSION Request of Aualicant Carla Leonardo is requesting approval of a conditional use permit to allow the Ramona Banquet Hall in the basement level of an existing commercial building at 120 West Fifth Street, Suite 11 O. Proagrty Descriation The project site is located Downtown at the southeast corner of Fifth and Sycamore Streets. The site is developed with the Historic Ramona Building, amulti-tenant retail and office building that occupies the entire lot. As with most of the downtown buildings, parking is provided off-site on paved surface lots and public parking structures. The zoning designation for the site is Specific Development No. 84-Downtown (SD-84-DT), which is consistent with the General Plan land use designation of District Center (DC). Surrounding land uses include community assembly and office uses to the north, a parking structure to the east, office and retail uses to the south and a surface parking lot to the west (Exhibits 1 and 2). Proiect Descriation In 2008, the Ramona Banquet Hall began holding events within the Ramona Building. In response, Community Preservation cited the operator for operating a banquet facility without the proper permits. The applicant is now proposing to remodel a 7,572 square foot basement suite into a banquet facility. In compliance with the development standarcls established in Section4l-199.1 of 31 B-3 Conditional Use Permit No. 2010-20 September 27, 2010 Page 2 the Santa Ana Municipal Code, a new 220 square foot kitchen facility to serve the hall will be provided. The maximum occupancy of the facility will be 350 persons. The hours of operation will be Monday through Thursday from 11:00 a.m. to 5:00 p.m. and Friday through Sunday, 4:00 p.m. to rnidnight, when most of the events are anticipated to take place (Exhibits 3 and 4). Analvs4s of the Issues In August 2000, the City of Santa Ana amended the SAMC to establish development and operational standards for banquet facilities. These standards were adopted in response to concerns that banquet facilities that did not maintain a high quality of service, adequate security, and adequate supervision had been associated with a number of detrimental impacts to the community that generated excessive police calls for service. The adoption of the standards established regulations that are intended to ensure that new banquet facilities will be safe, well maintained and would not result in a demand for Police Department calls for service. The project as proposed complies with the adopted standards for banquet facilities. The Ramona Banquet Hall will be equipped with a kitchen facility that will meet the standards established by the code. A kitchen will allow the event holders to provide safe and sanitary conditions to warm or refrigerate food, ample space for food preparation tables/counters and a safe manner to dispose food waste. An adequate number of restroom facilities in compliance with the California Building Code will be provided. One licensed uniformed security guard, approved by the Chief of Police, will also be provided for every hundred persons in attendance per event to prevent loitering, public drinking, and public intoxication- The guard(s) will be present until all attendees have left the premises. In addition to the above referenced guard, the applicant will also provide a minimum of one State licensed uniformed security guard whose function will be to ensure patron safety when going to and from the detached parking structures. The project is consistent with the purpose of the General Plan Land Use Element, as it will further the goals and policies of the plan. In summary, as conditioned, the project will not create negative impacts to the surrounding business and residents; instead it will stabilize the downtown by creating new long term employment opportunities, utilize a substantially vacant portion of the building, and reduce the inventory of vacant commercial space. Based upon the analysis of the project and the project's compatibility with the City's General Plan and the standards adopted for banquet facilities, approval of Conditional Use Permit No. 2010-20 as conditioned is recommended. 31 B-4 Conditional Use Permit No. 2010-20 September 27, 2010 Page 3 CEQA Com?lianca In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15301. This Class 1 exemption applies to this project because it is a minor alteration to an existing structure and will be in conformance with all city codes and requirements. Categorical Ex ption No. 2010-59 will be filed for this project. Lu Lin us, AIA Senior P anner LL:jm 114eporte?PC end ZA?cupt 0-20 Ramona Bldg.po t •n? Vincent Frego o. P Principal Planner 31 B-5 31 B-6 CUP 7 0-20 ? RAMONA BANQUET HALL ?,, 720 WEST FIFTH STREET - - =?O FEET 1" = 1000 FEET 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 VICINITY MAP ® M1 o?e.leyzona EXHIBIT 7 M2 oveAay Zone 31 B-7 31 B-8 F 1 FTH l/l e f V ? V O COMMUNITY O ASSEMBLY v ST V? z cQ C 6 V O V 6 f 0 v W d O Q Y Vl FOURTH COMMERCIAL C O M R C 1 A L ST. C M CUP 70-20 _. RAMONA BANQUET HALL 120 WEST FIFTH STREET 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 ?Tq vV• IM. '? i i I I i . .° Il'vH ti011N3nM1UJ _ 3JIA11353L94J'?NO']O)ZIdW V:? ? Q3SOd02Id i ?'?° --,- bl¢?? r ? _ I -nvw poi l??no:? ul? ailne vww n T ? _L i ?' a _ ? x.31 ': ?.? ? 1..' L _ ? I ? j? ? L ? _ s 1 Es ? t z ? ? t .1 _ - - - - _ i - - - - - - I c - 2 C Y _ Z ? 1 d - aoo a o ? ?oooaooo©?oooo I la z Q w _?-- __??JP_ iQ-2o - EXHIBIT 3 31 B-11 31 B-12 ". ?17IbH N011Sr d.\Afvi.i 301A d7571321JMOJ ODriYWVJ Q35'?dO Cld v^• ?' I O O N O /^?^\ 1? _. ? O s ? _ ?? ?3i i -- _ _- =?1 L C - =I - Z J )NlOllr"lO Y VC1W tlul _ - _ _ __ F- _ _ z Q \ 'i T' - rl6 T u \ I / _ T \? I I?' ? x - ?'_ ? a z - ? - T LS H_LS i \. ? Q Q s ..7 _ ,; ,, y -= - ? s ?- ??-< - ? .w >a-- ? ?-= L ? I z ? a - ?. ? ,/tip. ?_ \? ,y _ 2-? I \ \\ Y :.? M I ? 0 ?? o .? ? ; CJ 1 __ .. __._ ? > > _ ? Z Tfi \O/ ?i .? ?t' ryp \? y/ / ? ??I /'? i .a ? ?1? -':' 0 Cz] ?` ? ?, ? :,?' ' y,.. ' .n. a r..:....,. .........?.. . i I I . --- - CUP 10-20 _-- - - EXHIBIT 4 31 B-14 ROH - 09/27/7 O RESOLUTION NO. 2010-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-20 AS CONDITIONED TO OPERATE A BANQUET FACILITY ON THE PROPERTY LOCATED AT 120 WEST FIFTH STREET, SUITE 110 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. 2010-20 to allow a banquet facility on the property located at 120 West Fifth Street, Suite 1 1 O. B. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for the operation of a banquet facility. C. On September 27, 2010, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2010-20. 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 for Conditional Use Permit No. 2010-20 to allow for a Banquet Facility: 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 use will contribute to the general well being of the community by providing an additional venue to hold meetings, parties and ceremonious gatherings to individuals who live and work in the area. Conditions have been placed on the banquet facility that will mitigate any potential impacts created by the use and ensure that the use 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. 20? 0-7 7 Page ? of 5 31 B-15 The proposed use will not create any negative or adverse impacts to the surrounding community because the use will comply with all the adopted regulations and operational standards intended to ensure that banquet facilities will be safe, well maintained and will not result in a demand for Police Department calls for service. Moreover, conditions are imposed to mitigate any potential impacts that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will generate city tax revenue and employment in the community. In addition, the use will provide a tenant to a previously vacant suite and an additional service to the community, thereby enhancing rather than adversely affecting the economic stability of surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on banquet facilities pursuant to 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. The project is consistent with the purpose of the General Plan Land Use Element, as it will further the goals and policies of the plan and not obstruct their attainment. The proposed use, as conditioned, is in compliance with the regulation identified in the zoning code. The project is not located in any specific plan of the City. E. 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 , Class 1 because it is a minor alteration to an existing structure and will be in conformance with all city codes and requirements. Categorical Exemption Environmental Review No. 2010-59 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. 2010-20 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This Resolution No. 201 O-? 7 Page 2 of 5 31 B-16 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 27, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of Ser?tember 201 O by the following vote: AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Turner, Walters, Yrarrazaval (7) NOES: Commissioners: None (O) ABSENT: Commissioners: None (O) ABSTENTIONS: Commissioners: None (O) 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. 20? 0-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 27. 200 Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2010-? 7 Page 3 of 5 31 B-17 31 B-18 EXHIBIT A Conditions for Aaaroval of Conditional Use Permit No. 20? 0-20 Conditional Use Permit No. 2010-20 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 orior 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 All proposed site improvements must conform to the Site Plan Review approval of DP No. 201 O-6. 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 banquet facility shall comply with the following development and operational standards: a. The banquet facility shall provide a kitchen facility, including but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter/service facilities. b. The banquet facility shall provide sanitation facilities in compliance with the California Building Code building standards. c. Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one guard/100 attendees, with a minimum of one security guard, or other security measures as approved by the Chief of Police. The guards shall be present until all attendees have left the premises. Resolution No. 200-77 Page 4 of 5 31 B-19 SEPTEMBER 27, 200 PAGE 2 OF 2 d. The banquet facility shall provide exterior lighting in compliance with the Police Department requirements. B. Police Department Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on your submitted set of plans. See commercial or residential supplement. Discretionary action conditions (if applicable) must be printed on your set of plans. 2. In addition to the number of guards required by SAMC 41 -1 99.1 (c), the applicant shall provide a minimum of one State licensed uniformed security guard to ensure patron safety when going to and from the detached parking lot. Said guard is specifically assigned to this function until all activity on the premises has ceased and patrons have cleared the parking area. 3. This 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. 4. Existing building and required parking within 60 feet 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. Lighting standards cannot be located in required landscape planters- Resolution No. 2010-17 Page 5 of 5 31 B-20