Loading...
HomeMy WebLinkAbout1997-04. RESOLUTION NO. 97-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MAKING FINDINGS OF FACT WITH REGARD TO THE APPROVAL OF CONDITIONAL USE PERMIT NO. 97-14 TO ALLOW AFTER HOURS OPERATION OF THE EL GALLO GIRO RESTAURANT LOCATED AT 1442 SOUTH BRISTOL STREET GAS: 711try7 WHEREAS, Conditional Use Permit Application No. 97-14, to allow the after hours operation of the E1 Gallo Giro Restaurant, located at 1442 South Bristol Street, came before the Planning Commission for public hearing on July 14, 1997; and WHEREAS, following said public hearing, the Planning Commission determined to approve Conditional Use Permit No. 97-14 subject to certain conditions; and WHEREAS, the Planning Commission does now desire to approve findings of fact in support of its approval of said Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF mvE CITY OF SANTA ANA that, based upon the aforesaid public hearing and the evidence therein submitted, the Planning Commission does find and determine as follows: I. FINDINGS OF FACT A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? E1 Gallo Giro is a deli and bakery business that services the local businesses and neighborhood residents as well as the community. Business hours between 12:00 a.m. and 5:00 a.m. allows the community, local residents, and night shift workers the opportunity to purchase deli items and fresh baked goods during the hours most neighborhood eating establishments in this area are closed. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare or persons residing or working in the vicinity? E1 Gallo Giro has been successfully operating 24 hours a day in the community for nine plus years and continues to • 1 be patronized by local residents and the community. Conditions of approval proposed by staff requires that E1 Gallo Giro continue to meet specific Police operating conditions such as frequent litter and refuse collection and maintaining security personnel for a safe environment for the employees, patrons, and the local residents and businesses. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? E1 Gallo Giro is the anchor store of an existing strip commercial center that has generated City tax revenue and employment in this community for nine years. The "after hours" approval allows the business to meet the community's need for deli and bakery items locally. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such a use? The use will be in compliance with the applicable sections of the Municipal Code Chapter 41 with an approved conditional use permit for business hours between 12:00 a.m. (midnight) and 5:00 a.m. The conditional use permit conditions of approval require the unpermitted lights to be removed thereby complying with the zoning code. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed after hours operation will not adversely affect the General Plan since E1 Gallo Giro is a commercial business permitted under the General Business District (GBD) land use designation. II. Conditional Use Permit No. 97-14 is hereby approved subject to the following conditions: Conditions of Approval Conditional Use Permit No. 97-14 is approved, subject to comgliance, 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. Additionally, prior to exercising the rights conferred under Conditional Use • Permit No. 97-14, the applicant must comply with the following conditions: A. Planninv Division 1. Replace required landscape materials not impacted by the street widening, repair irrigation systems, mulch and fertilize all planters and perimeter landscape areas. 2. E1 Gallo Giro refuse is to be collected three times daily to minimize trash and odor impacts on the adjacent residences and businesses. 3. Remove unpermitted exterior down light fixtures which are not consistent with the architectural design of the center. 4. Project site must comply with current sign code regulations. Any illegal and non-permitted signage must be removed prior to beginning after hour operations. B. Police Department 1. The existing suite and parking lot within 60 feet of the suite 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. 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. Atimed-access cash controller must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 3 r 9. All pay telephones shall be located inside the premises. l0. The petitioner(s) shall be responsible for maintaining the premises free of litter and graffiti. 11. Background/music provided shall not be audible beyond the area under the control of the applicant or exceeding the "Clearly Acceptable" levels of exposure as specified by the California Department of Health. 12. Conditional Use Permit No. 14 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. 13. "No Loitering/Trespass" signs/placards in both English and Spanish shall be posted in the parking lot. The posted signs must conform to Santa Ana Municipal Code Section 10-96(c). 14. The applicant shall provide two uniformed state licensed security officers on the premises between the hours of 6:00 p.m. and 6:00 daily. • ADOPTED this 14 day of Suly 1997, by the following vote: AYES: Commissioners Nalle, Oliver, Mondo, Doughty, Verino, Hanna, and MacDowell NOES: Commissioners None ABSENT: Commissioners None ABSTENTIONS: Commissioners None ATTEST: ~~ ~+MG~ Kenneth Adams Planning Manager Planning and Building Agency AS TO FORM: ~xcfy A. eatz Deputy Cit t 4