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HomeMy WebLinkAbout2008-15KO- 7/10/08 • RESOLUTION NO. 2008-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-25 AS CONDITIONED TO ALLOW THE OPERATION OF A RESTAURANT BETWEEN THE HOURS OF 12:00 AM AND 5:00 AM WITHIN ONE HUNDRED FIFTY FEET OF A RESIDENTIALLY ZONED PROPERTY FOR THE PROPERTY LOCATED AT 1830 NORTH BRISTOL STREET 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 a Conditional Use Permit No. 2008-25 to operate a restaurant which will be open between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property for the property located at 1830 North Bristol • Street. B. Conditional Use Permit No. 2008-25 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 14, 2008. C. Pursuant to Santa Ana Municipal Code Section 41-377.5, eating establishments open between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property are permitted subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or 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 • Resolution No. 2008-15 Page 1 of 8 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? 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. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 0.7 acre site is in an existing retail shopping development that is suitable for the restaurant use. 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 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 . Resolution No. 2008-15 Page 2 of 8 expansion of the existing use. Categorical Exemption Environmental Review No. 2008-78 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2008-25 as conditioned in Exhibit "A" attached hereto and incorporated herein, to operate a restaurant which will be open between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property for the property located at 1830 North Bristol Street. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated July 14, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of July, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Mill (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Leo (2) • ABSTENTIONS: Commissioners: None (0) Ha ey De La Torre Vice Chairman • Resolution No. 2008-15 Page 3 of 8 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Ott , Assistant ity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 14, 2008. Date: ~ ~ Q U Planning Commission Secretary City of Santa Ana Resolution No. 2008-15 Page 4 of 8 Conditions for Approval for Conditional Use Permit No. 2008-25 • ditional Use Permit No. 2008-25 is a roved sub'ect to com liance to the reasonable Con pp 1 p , satisfaction of the Planning Manager, 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 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 1. The project shall remain in compliance with Site Plan Review (DP No. 08- 24). 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 drive-thru speaker volume shall remain in compliance with the City of Santa Ana noise ordinances. B. Police Department 1. The existing building and parking lot 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. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and • Resolution No. 2008-15 Page 5 of 8 Exhibit A • shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 6. Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises as follows: (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. (b) A minimum of one color camera that views the full length side of a customer at the cash register area. (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If video tape is used, tapes can not be taped over more than six times. • Resolution No. 2008-15 Page 6 of 8 • (f) An audio recording component that will record sounds occurring at the customer counter. 14. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. ~J • Resolution No. 2008-15 Page 7 of 8 ~J • PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2008-15 (Conditional Use Permit No. 2008-25) in this action by p acing a true copy t ereof enc ose in sea a enve opes a ressed as follows: Neal Casper Casper Development Resources Inc. 5360 Jackson Drive, Suite 114 La Mesa, CA 91942 Art M. Nerio 17122 Marina View Place Huntington Beach, CA 92647 Ree Ryan CKE Restaurants, Inc. 401 W. Carl Karcher Way Anaheim, CA 92801 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by EMAIL transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 29, 2008 at Santa Ana, California. y MART A RAM I REZ Resolution No. 2008-15 Page 8 of 8