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HomeMy WebLinkAbout2010-18 (2)• RESOLUTION NO. 2010-18 ROH - 11/08/10 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 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 • • ADOPTED this 8th day of November, 2010 by the following vote: AYES: Commissioners: Acosta, Alderete, Betancourt, Yrarrazaval(5) NOES: Commissioners: None (0) ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: ~pganh 1/1/'~Flatrhar City Attnrnav By: Ry< As: Turner, Gartner, Walters (2) None ((" CERTIFICATE OF ATTESTATION AND ORIGINALITY ~J 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. ~~ j Date: ~ ~.S ~~ Secre ary of the Pla ~ miss n City of Santa Ana 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 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 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. C~ J Resolution No. 2010-18 Page 4 of 5 NOVEMBER 8, 2010 • PAGE2OF2 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