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HomeMy WebLinkAbout2003-39r~ ~J RESOLUTION NO. 2003-39 Koo - 10/14/03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-24 FOR AN ADULT DAY CARE AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2003-25 FOR A BANQUET FACILITY AS CONDITIONED FOR THE PROPERTY LOCATED AT 4717 WEST FIRST 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. Conditional Use Permit No. 2003-24 and Conditional Use Permit No. 2003-25 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 13, 2003. 4717 West First Street • B. The applicant is requesting approval of Conditional Use Permit No. 2003- 24 for an adult day care for the property located at 4717 West First Street. 1. Santa Ana Municipal Code Section 41-377.5 (a) of the Santa Ana Municipal Code allows adult day care facilities subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. The proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed use is a service use operating within an existing restaurant. The adult day care facility provides adult support service to the senior community. The program assists adults 55 years or older with basic activities or daily living. The proposed project complies with Policy 1.7 of the Land Use Element, which encourages the development of service facilities. This service will benefit the surrounding community. • Resolution No. 2003-39 Page 1 of 5 ~~ ~J ii. The proposed use, under the circumstances of the particular case, will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The proposed adult day care facility will not negatively affect the surrounding neighborhoods. The property is currently commercially zoned and used and no traffic impacts will be generated by this use since access to the site is from First Street, a major arterial street. The 139 parking spaces on the site will satisfy the parking requirements of the weekday operation of the adult day care facility. The proposed project meets Policy 5.1 of the Land Use Element, which looks for projects that have a net community benefit. iii. The proposed use will not adversely affect the present economic development of property in the surrounding area. The adult day care facility is a service use that will not affect the economic viability of the surrounding residential and commercial properties. The facility will serve seniors who need supervision during the day and will create new jobs for those who will be assisting them. • iv. The proposed use will comply with the regulations and conditions specified in this chapter for such use. Prior to exercising the conditional use permit, the applicant must comply with the California Building Code handicap and building safety requirements. Additionally, the Planning Division and the Public Works Agency have conditions that must be met prior to releasing the certificate of occupancy. Once the improvements have been completed, the proposed use will be in compliance with the regulations and conditions in the Santa Ana Municipal Code, the conditional use permit will be valid. • v. The proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. The proposed adult day care use is consistent with the General Plan's Land Use Element Policy 2.2 that requires commercial land uses that accommodate the City's needs for services. This project provides a service that is beneficial to seniors and support to families with adult members requiring supervised care and recreational activities. Resolution No. 2003-39 Page 2 of 5 • C. The applicant is requesting approval of Conditional Use Permit No. 2003- 25 for a banquet facility for the property located at 4717 West First Street. 1. Santa Ana Municipal Code Section 41-377.5 (a) of the Santa Ana Municipal Code allows banquet facilities subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. The proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed use will provide an added amenity to the existing restaurant and catering service, thus providing a beneficial advantage to the community through a local banquet and meeting venue. 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 or be injurious to the surrounding community. ii. The proposed use, under the circumstances of the particular • case, will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. The proposed banquet facility use 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 banquet and private events will occur inside of the existing structure. Moreover, conditions are imposed to mitigate any potential impacts to the surrounding properties. iii. The proposed use will not adversely affect the present economic development of property in the surrounding area. The 1.78-acre site is a commercial establishment that is suitable for the proposed use. The addition of a banquet facility use at the Regent West Restaurant should increase the patronage to the business, thereby enhancing profitability and identifying the use and site as economically stable and viable for the surrounding properties in the area. This use complies with Policy 2.5 of the Land Use Element which asks businesses to balance the economic benefits with • their impacts on the quality of life for the City's residents. Resolution No. 2003-39 Page 3 of 5 • iv. The proposed use will comply with the regulations and conditions specified in this chapter 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. v. The proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. The proposed use will not adversely affect the General Plan. Banquet facilities are permitted within the General Commercial (GC) General Plan designation and the General Commercial (C2) zoning district. Additionally, the use as conditioned is in compliance with the regulations identified in the zoning code. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program prepared with respect to this Project. As a result of this consideration and the evidence presented at the hearing on this matter, the Planning Commission has determined that, as required pursuant to the California Environmental • Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission of the City of Santa Ana hereby, approves Conditional Use Permit No. 2003-24 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 4. The Planning Commission of the City of Santa Ana hereby, approves Conditional Use Permit No. 2003-25 as conditioned in Exhibit "B" attached • hereto and incorporated herein. Resolution No. 2003-39 Page 4 of 5 ADOPTED this 13th day of October, 2003 by the following vote: • AYES: Commissioners: De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Cribb (1) ABSTENTIONS: Commissioners: None (0) f'~ ~~' ~`~ ~~-~ 'Alexander Nalle ~'-~ Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney . ' ,.- By: ~ ~. • ~ Kylee O. ~ Deputy Cif ttorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSH BARELA, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2003-39 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 13, 2003. Date: % (.~ ~ ~~1 ~ ~~ -~ Clerk of the Planning Commission City of Santa Ana ~_J Resolution No. 2003-39 Page 5 of 5 • Conditions for Approval for Conditional Use Permit No 2003-24 Conditional Use Permit No. 2003-24 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: 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. Comply with all conditions and requirements as stated in DP No. 01-70 and the exhibits of this conditional use permit. 2. Construct a client drop-off/loading zone. • 3. The adult day care hours of operation shall be limited to 8:00 a.m. and 5:00 p.m., Monday through Friday. B. Building Division 1. Compliance with the California Building Code for change in occupancy classification. C. Police Department 1. The existing building and parking lot, within 60 feet of the building, must conform with the provision of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code. C, EXHIBIT A • Conditions for Approval for Conditional Use Permit No 2003-25 Conditional Use Permit No. 2003-25 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: 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. Planningt Division 1. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The banquet facility shall comply with the following development and operational standards. • a. All banquet facilities require 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. All banquet facilities require sanitation facilities in compliance with the California Building Code building standards. 3. The project shall remain in compliance with Site Plan Review (DP No. 01- 70). • B. Police Department 1. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 2. There shall be no amplified music on the premises at any time. 3. Music shall not be heard beyond 20 feet from the exterior of the premises in any direction. 4. There shall be no public dancing permitted on the premises at any time. EXHIBIT B Page 1 of 3 r~ • r~ ~_J 5. There shall be no public telephones located on the exterior of the premises. 6. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 7. It is the applicant(s) responsibility to monitor the area under their control in an effort to prevent the loitering of persons about the premises. 8. It is the applicant(s) responsibility for maintaining adequate security guard service for each function held on the premises. The security guard requirement shall be noted in every rental contract. 9. At any time that the premises is hosting a private event the applicant(s) shall provide a minimum of one uniformed, licensed security guard for every 100 persons in attendance, or portion thereof. 10. The banquet facility hours of operation shall be limited to: Monday through Friday - 6:00 p.m. to 12:00 a.m. (midnight), and Saturday and Sunday - 7:00 a.m. to 12:00 a.m. (midnight). 11. The Chief of Police, or his designate, shall first approve every security guard employed by you. If there is marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant(s) shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. 12. The applicant is responsible for providing to the Chief of Police, or his designate, a monthly schedule of events scheduled for the premises. This schedule must include, but is not limited to, the number of security guards assigned, hours of the event, anticipated attendance, name of the responsible party, and whether alcoholic beverages will be sold or consumed on the premises. 13. The proposed use shall be evaluated after 90 days, six months and annually thereafter in order to determine compliance with the above conditions and for the potential for modification of a condition. 14. The existing structure 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. 15. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. EXHIBIT B Page2of3 • 16. Window displays and racks must be kept to a maximum height of three feet including merchandise. • • EXHIBIT B Page 3 of 3