HomeMy WebLinkAbout31A - CUP - 3835 WEST FIRST STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 6, 2010
TITLE:
CONDITIONAL USE PERMIT NO. 2010-21
TO ALLOW A SUBWAY RESTAURANT AT
3835 WEST FIRST STREET, UNIT D-1 -
GREWAL FOODS, APPLICANT
btu
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15f Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2010-21 as conditioned.
PLANNING COMMISSION ACTION
On November 8, 2010, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2010-21 as conditioned by a vote of 5:0 (Gartner and Walters absent) to allow a
Subway Restaurant at 3835 West First Street, Unit D-1 within the North Harbor Specific Plan (SP-
2) 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.
Ja . Trevino
Executive Director
Planning & Building Agency
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viVeports\cup10-21 Subway=
Exhibit: A. Planning Commission Staff Report
31A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
NOVEMBER 8, 2010
TITLE:
PUBLIC HEARING - FILED BY WILL FESLER
FOR CONDITIONAL USE PERMIT NO. 2010-21
TO ALLOW A SUBWAY RESTAURANT AT
3835 WEST FIRST STREET, UNIT D-1
Prepared by Vince Fregoso
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicants Request
? Staff Recommendation
CONTINUED TO
-- ? 0 4, J"el?
Executive Director Planning Manager
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2010-21 as conditioned.
DISCUSSION
Request of Applicant
Mr. Will Fesler, representing Grewal Foods, is requesting approval of a conditional use permit to
allow a Subway Restaurant to occupy a vacant space at 3835 West First Street, Unit D-1.
Specifically, the applicant is requesting a conditional use permit to operate a restaurant within the
North Harbor Specific Plan (SP-2) zoning district.
Property Description
The subject site is an 8.2 acre, square shaped parcel of land located at the northwest comer of First
Street and Harbor Boulevard. The site currently contains approximately 109,021 square feet of retail
and restaurant uses within six separate buildings. A total of 502 parking stalls are provided on the
property.
The site has a current zoning designation of North Harbor Specific Plan/General Commercial (SP-
2/GC) and a General Plan land use designation of General Commercial (GC). Surrounding land uses
include commercial and residential to the north, and commercial to the south, east and west
(Exhibits 1 and 2).
Proiect Description
Subway is proposing to operate a new sandwich shop within a vacant, 1,020 square foot tenant
space located within an existing building. Subway is intending to make modifications to the tenant
space to facilitate their restaurant design. Improvements will primarily consist of interior partitions to
create a new kitchen, restrooms and a seating area to accommodate seating for approximately 16
patrons (Exhibit 3).
1
0101 A -'9
Conditional Use Permit No. 2010-21
November 8, 2010
Page 2
The restaurant, which is planning a late spring/early summer 2011 opening, will be open for
breakfast, lunch and dinner. Operating hours for the restaurant will be from 7:00 a.m. to 10:00 p.m.
seven days per week.
Analysis of the Issues
The applicant is proposing to remodel and reoccupy a vacant tenant space as a restaurant use
within the General Commercial district of the North Harbor Specific Plan. Section 3.5.2 of the
Specific Plan requires a conditional use permit for restaurants and other eating establishments.
The intent of the conditional use permit is to ensure that uses comply with the general concepts
and policies of the North Harbor Specific Plan.
The proposed restaurant use is consistent with the concepts and policies of the Specific Plan.
First, the restaurant is consistent with Goal Two of the plan, which promotes uses that enhance
and support the residential uses surrounding Harbor Boulevard. The Subway restaurant will
further this goal by providing another food option in the corridor, thereby assisting in promoting a
variety of neighborhood serving activities along the corridor. Second, the project is consistent with
Goal Five, which supports the enhancement of the economic viability of the Harbor Boulevard
area. The restaurant will further this goal as it will occupy a vacant space within a major
commercial center, thereby identifying this center as a viable and successful economic center.
One of the findings that must be made when considering a recommendation of approval for a
conditional use permit of this type is whether the proposed use would, in any way, be detrimental
to the surrounding area. To this end, staff has included several conditions of approval in order to
ensure that the project provides an asset to the center and the neighborhoods it serves. Standard
conditions such as graffiti removal, increased lighting, and maintaining visibility into the restaurant
will assist in reducing Police related calls for service. In addition, staff is proposing a condition of
approval that clarifies the use of signage for the business to ensure that such signage does not
create a safety hazard for the public, as well as to prevent the potential for visual blight due to
excessive signage. This condition is specific to the use of so-called "human signs" and will be
described in more details as follows.
Article XI of the Santa Ana Municipal Code (SAMC) contains standards regulating on-premise
signs. There are provisions within this portion of the code that prohibit signs that may be
dangerous or confusing to motorists; that may impede the safe and efficient flow of traffic; that
project into the public right-of-way; that incorporate movement; and that are A-frame, sandwich
board or are another portable, temporary advertising display. These standards are meant to both
ensure the public's safety, as well as to ensure that excessive signage does not create a visual
blight in the city.
31A-3
Conditional Use Permit No. 2010-21
November 8, 2010
Page 3
It is clearly the intent of a "human sign," to draw attention to the advertised business from the
public right-of-way. In most cases this involves a person holding a large placard and incorporating
movement into the display of the sign in order to draw motorists' attention. In some cases, the sign
holder swings the sign into the roadway or otherwise blocks the sidewalk, creating an unsafe
condition for both the sign holder and members of the public. As such, this type of signage is
prohibited under the provisions of signs that are confusing to motorists and that may impact traffic
safety. It is recommended that such signs be prohibited.
Based upon the analysis of the project and the project's compatibility with the City's General Plan
and applicable development standards, staff recommends that the Planning Commission approve
Conditional Use Permit No. 2010-21 as conditioned.
CEQA Compliance
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. This
Class 1 exemption applies to a project that involves the operation and licensing of an existing
structure with little or no expansion involved. Categorical Exemption Environmental Review No.
2010-114 will be filed for this project.
Vince Frego o, AI
Principal Planner
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ROH - 11/08/10
RESOLUTION NO. 2010-18
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2010-21 AS CONDITIONED TO ALLOW
A RESTAURANT ON THE PROPERTY LOCATED AT 3835
WEST FIRST STREET, UNIT D-1
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. 2010-21 to
operate a restaurant for the property located at 3835 West First Street,
Unit D-1.
B. The North Harbor Specific Plan (SP-2) section 3.5.2(4) requires a
conditional use permit for any restaurant or other eating establishment
located in the general commercial zone of the North Harbor Specific Plan
(SP-2).
C. On October 25, 2010, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2010-21. Upon the motion of the
Planning Commission, the hearing was continued to the next regularly
scheduled Planning Commission meeting on November 8, 2010.
Thereafter, the Planning Commission held the continued public hearing on
Conditional Use Permit No. 2010-21 on November 8, 2010.
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:
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 Subway Restaurant will provide a service to
the community by providing an additional dining option along
the Harbor Boulevard corridor.
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. 2010-18
Page 1 of 5
31A-8
The proposed restaurant 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. All business
activities will occur within the building, which will reduce the
potential for negatively impacting the surrounding
businesses and residents. Further, a condition of approval
has been added that prohibits "human signs," which affects
vehicular traffic and promotes visual blight.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project site contains several commercial buildings that
are suitable for the proposed project. Numerous restaurants
are currently located at and adjacent to the canter. The
reoccupation of a vacant tenant space identifies this site as a
stable, viable location for businesses to exist.
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 and conditions of Chapter 41 of the
Santa Ana Municipal Code and the North Harbor Specific
Plan.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed project will not adversely affect the General
Plan as restaurants are permitted within the General
Commercial (GC) General Plan land use designation.
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. 2010-114 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. 2010-21 as conditioned
in Exhibit A attached hereto and incorporated as though fully set forth herein. This
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
October 25, 2010 and exhibits attached thereto; and the public testimony, all of which
are incorporated herein by this reference.
Resolution No. 2010-18
Page 2 of 5
31A-9
ADOPTED this 8th day of November, 2010 by the following vote:
AYES: Commissioners:
Acosta, Alderete,
Yrarrazaval(5)
None (0)
Gartner, Walters (2)
None (0)
Betancourt, Turner,
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
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. 2010-18 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on November 8. 2010.
Date:
Secretary of the Planning Commission
City of Santa Ana
31 A-10
Resolution No. 2010-18
Page 3 of 5
Conditions for Approval of Conditional Use Permit No 2010-21
Should Conditional Use Permit No. 2010-21 be approved, the project shall comply with all
applicable sections of the Santa Ana Municipal Code, the California Administrative Code,
the California Building Standards Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior 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 with the Site Plan Review
approval of DP No. 2010-26.
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 use of hand-held portable advertising, i.e. "human signs," shall be
prohibited as a means of advertising any business aspect of the
conditionally permitted eating establishment both on and off the premises
of the subject property identified as 3835 West First Street, Unit D-1.
B. Police Department
The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under control of the licensee.
2. The applicant(s) shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
3. The existing restaurant and required parking within 60 feet of the building
must conform to the provisions of Chapter 8, Article II, Division 3 of the
Santa Ana Municipal Code. These code conditions will require that the
existing project's lighting, door/window locking devices and addressing be
upgraded to current code standards. Light standards cannot be located in
required landscape planters.
4. The cash register must be visible from the street at all times and shall not
be obstructed at any time by temporary or permanent signage.
Resolution No. 2010-18
Page 4 of 5
31 A-11
NOVEMBER 8, 2010
PAGE 2OF2
5. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
6. Window displays and racks must be kept to a maximum height of three
feet including the merchandise.
7. A timed access cash controller or drop safe must be installed.
8. Install a silent armed robbery system.
Resolution No. 2010-18
Page 5 of 5
31 A-12