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HomeMy WebLinkAbout2007-30 KO- 6/26/07 RESOLUTION NO. 2007-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-09 AS CONDITIONED TO ALLOW THE AFTER HOURS OPERATION OF THE RESTAURANT LOCATED AT 2800 NORTH MAIN STREET, SUITE 868 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. 2007-09 to allow the after hours operation of the restaurant located at 2800 North Main Street, Suite 868. B. Conditional Use Permit No. 2007-09 came before the Planning • Commission of the City of Santa Ana for a duly noticed public hearing on June 25, 2007. C. Pursuant to Santa Ana Municipal Code Section 41-365.5 properties within the C1 district allows, with a conditional use permit, eating establishments open at any time 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, measured from property line to property line." D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. 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 license 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 • Resolution No. 2007-30 Page 1 of 7 • 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 after hour license at EI Torito will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The extended hours will be in conjunction with the sit-down eating establishment that will be completely enclosed. Additionally, the adjoining residential developments are separated from the eating establishment by a surface parking lot and an arterial street. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is a large regional mall that is suitable for the proposed use. The additional hours of operation for EI Torito should increase the patronage to the restaurant, thereby • enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. The use will help to further emphasize North Main Street as a commercial district. 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 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 needs 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 District Center (DC) general plan land use • Resolution No. 2007-30 Page 2 of 7 • designation which emphasizes the area as a major commercial corridor for the City. 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. 2007-9 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-09, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow the after hours operation of the restaurant located at 2800 North Main Street, Suite 868. 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 June 25, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25th day of June, 2007 by the following vote: • AYES: Commissioners: Alderete, Betancourt, Leo, Mill (4) NOES: Commissioners: None (0) ABSENT: Commissioners: De La Torre, Munoz (2) ABSTENTIONS: Commissioners: Gartner (1) c f Christo er Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant Ci Attorney • Resolution No. 2007-30 Page 3 of 7 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-30 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 25, 2007. Date: ~ /~ _ y Planning Commission Sec City of Santa Ana • Resolution No. 2007-30 Page 4 of 7 • Conditions for Approval for Conditional Use Permit No. 2007-09 Conditional Use Permit No. 2007-09 is approved subject to compliance, to the reasonable 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. 07- 4). 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 hours of operation for the facility shall not extend past 1:00 a.m., seven days a week. B. Police Department 1. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 2. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 3. 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. 4. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti must be removed within 24 hours of occurrence. • Resolution No. 2007-30 Exhibit A Page 5 of 7 • 5. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 6. There shall be no live entertainment, amplified music or dancing permitted on the premises at any time. 7. Noise/music shall not be audible beyond 20 feet from the exterior of the premises in any direction. 8. Existing restaurant 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. 9. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 10. Window displays and racks must be kept to a maximum height of three feet including merchandise. • 11. Atimed-access cash controller or drop safe must be installed. 12. Interior displays and racks must be kept to a maximum of five feet including merchandise. 13. Install a silent armed robbery alarm. 14. 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. • Resolution No. 2007-30 Page 6 of 7 C PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I 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 2"d Santa Ana, California 92702. served the foregoing document described as: Resolution No. 2007-30 (Conditional Use Permit No. 2007-09) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Art Rodriguez & Associates 709 East Colorado Boulevard, #200 Pasadena, CA 91101 Deepa Patel MainPlace Shoppingtown, LLC 2800 North Main Street, Suite 775 Santa Ana, CA 92705 Sofia Gonzales Real Mex Restaurants 5660 Katella Avenue, Suite 100 Cypress, CA 90630 [ ] 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 facsimile 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 10, 2007 at Santa Ana, California. MAR A RAMIREZ • Resolution No. 2007-30 Page 7 of 7