HomeMy WebLinkAbout1999-47RESOLUTION NO. 99-47
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 99-21 TO
ALLOW THE TAQUERIA GUADALAJARA
RESTAURANT, LOCATED AT 1904 WEST FIRST
STREET, TO OPERATE 24 HOURS A DAY
WHEREAS, Conditional Use Permit No. 99-21 came before the
Planning Commission for a public hearing on November 5, 1999, to
allow the Taqueria Guadalajara restaurant, located 1904 West First
Street, Santa Ana, to operate 24 hours a day; and
WHEREAS, following said public hearing, the Planning
Commission determined to approve Conditional Use Permit No. 99-21,
subject to conditions, based upon the findings.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA AS FOLLOWS:
1. Based upon the evidence submitted at the abovesaid
hearing, the Planning Commission finds and determines as follows:
A. Will the proposed use provide a service or facility which
will contribute to the general well being of the
neighborhood or community?
The extended hours of the restaurant serves the
community by providing an eating establishment that is
safe and convenient for patrons desiring to dine after
midnight. It also serves the community by being a late
night gathering place for those residing in the
neighborhood.
B. 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?
Although the area surrounding the restaurant is
considered above average in crime, the restaurant
employs security guards during the evening hours which
has kept specific police related incidents at a minimum
at the subject restaurant. It is not anticipated that
the extended hours of operation of the restaurant will
be detrimental to the health, safety and general
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welfare of persons residing or working in the area due
to the presence of on-site security guards and the
conditions that have been placed upon the project by
the Planning Commission.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The 0.4 acre site is an existing restaurant that has
operated for approximately 15 years on this site. The
daytime operation of the restaurant has not been
detrimental to the economic stability of the area. It
is not anticipated that the extended hours of operation
of the restaurant between 12:00 midnight and 5:00 am.
will be detrimental to the economic stability of the
area.
D. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The proposed project, as conditioned, would be in
compliance with the regulations specified in Chapter 41
of the Santa Ana Municipal Code.
E. 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. Restaurant uses are permitted within the
General Commercial (GC) land use designation of the
General Plan.
2. Conditional Use Permit No. 99-21 is hereby approved, as
conditioned.
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ADOPTED this 8th day of November 1999, by the
following vote:
AYES: Commissioners Mondo, Nalle, Doughty, :6olorio, Cribb, and
Richardson
NOES: Commissioners Verino
ABSENT: Commissioners N~fne
ABSTENTIONS: Commissioners None
ATTEST:
Kenneth Adams
Planning Manager
Planning and Building Agency
APE&lJVED AS TO FORM:
Gary/A \Shea~'z
Assistan C'ty At rney
Lynnette Verino
Chairperson
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RESOLUTION NO. 99-47
NOVEMBER 8, 1999
PAGE 1 OF 3
Conditions for Approval
Conditional Use Permit No. 99-21 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 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
Remove or relocate the existing wall on First Street from the east
side of the driveway to the northeast corner of the building the
behind required front yard setback. Landscape this area per the
City's commercial development standards. If the fence is relocated
wrought iron is required for visibility.
B. Police Department
1. The existing restaurant and parking lot must conform with 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.
2. The applicant shall be responsible for maintaining the premises
free of graffiti. All graffiti shall be removed within 24 hours
of occurrence.
3. Cash register must be visible from the street at all times and
shall not be obstructed at any time by temporary or permanent
signage.
4. Window displays must be kept to a minimum for maximum visibility
and shall not exceed 25 percent of window coverage.
ATTACHMENT A
RESOLUTION NO. 99-47
NOVEMBER 8, 1999
PAGE 2 OF 3
5. Window displays and racks must be kept to a maximum height of
three feet including merchandise and cannot obstruct the cashiers
view to the outside.
6. Install a silent armed robbery alarm.
7. All pay telephones shall be located inside the premises.
8. The applicant(s) shall be responsible for maintaining free of
litter the area adjacent to the premises under the control of the
licensee.
9. The Conditional Use Permit shall be reviewed at ninety days, six
months, at one year and then annually thereafter by the Police
Department for any modification to the conditions of approval.
10. "No Loitering/Trespass" signs/placards shall be posted in the
parking lot. The posted signs must conform to Penal Code Section
602.
11. There shall be no fixed bar on the premises maintained for the
service or consumption of alcoholic beverages directly to
patrons.
12. The sale of beer and/or wine for consumption off the premises is
prohibited.
13. There shall be no live entertainment; amplified music or public
dancing permitted on the premises at any time.
14. Any background music or noise shall not be audible beyond 20 feet
from the exterior of the premises in any direction.
15. There shall be no exterior advertising of any kind or type,
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic beverages.
16. No alcoholic beverages shall be consumed on any property adjacent
to the licensed premises under the control of the licensee.
17. There shall be no pool tables or coin-operated games maintained
upon the premises at any time.
18. The quarterly gross sales of alcoholic beverages shall not exceed
the gross sales of food during the same period.
19. 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.
RESOLUTION N0.99-47
NOVEMBER 8, 1999
PAGE 3 OF 3
20. The petitioner(s) shall post a placard prohibiting loitering,
pursuant to California Penal Code section 602, on the exterior of
the premises.
21. It shall be the petitioner(s) responsibility to ensure that
California Penal Code section 602 is complied with at all times
that the premises is in operation.
22. From dusk to dawn the petitioner(s) shall provide a minimum of
one uniformed, state licensed security guard in the parking lot
who shall maintain order therein and prevent any activity which
would interfere with the quiet enjoyment of their property by
nearby residents.
23. Neither the licensee, nor any person or entity operating the
premises with the permission of the licensee, shall violate the
City's adult entertainment ordinance contained in Santa Ana
Municipal Code section 12-1 and 12-2.
24. The premises shall not be operated as an adult entertainment
business as such term defined in Santa Ana Municipal Code section
41-1701.6