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HomeMy WebLinkAbout2010-17 RESOLUTION NO. 2010-17 ROH - 09/27/10 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 110. 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. 2010-17 Page 1 of 5 • 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. 2010-17 Page 2 of 5 • 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 September 2010 by the following vote: AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Turner, Walters, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) i~ Alderete Chairman u APPROVED AS TO FORM: Joseph W~Fletcher, City Attorney gy. Ryan O. odge( Assistan itv A CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2010-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 27, 2010 Date: ~Q~`~~ ~/~ Secretary of the Planning ommi n City of Santa Ana Resolution No. 2010-17 Page 3 of 5 • EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2010-20 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 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2010-6. 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. 2010-17 Page 4 of 5 • SEPTEMBER 27, 2010 PAGE 2 OF 2 d. The banquet facility shall provide exterior lighting in compliance with the Police Department requirements. B. Police Department 1. 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 41-199.1 (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. r~ u Resolution No. 2010-17 Page 5 of 5