HomeMy WebLinkAbout1997-02GA9: ]!18/9]
RESOLUTION NO. 97-2
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. 97-13 TO
ALLOW THE 24 HOUR OPERATION OF THE EL
COMAL RESTAURANT LOCATED AT 1515 EAST
FIRST STREET
WHEREAS, Conditional Use Permit Application No. 97-13, to
allow the 24 hour operation of the E1 Comal Restaurant, located at
1515 East First 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. 97-13
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
THE 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?
The restaurant will provide a service to the
surrounding properties, the community, and
commuters in the area. There are few late night
restaurants in the area and this would provide a
service to individuals in the area during this time
period.
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?
The proposed late night operation will not be
detrimental to persons residing and working in the
area. The restaurant is located away from
residential uses, and most of the other uses in
this area are closed during late night hours. In
addition, the use, as conditioned, will not create
any negative or adverse impacts such as noise or
loitering.
• C. Will the proposed use adversely affect the present
economic development of property in the surrounding area?
The restaurant could assist in the economic
viability of the area by providing a service to
residents, business owners, and commuters. This is
one of the few sit down eating establishments in
this area.
D. Will the proposed use comply with the regulations and
conditions specified in this chapter for such use?
The restaurant complies with all regulations and
conditions specified in the Santa Ana Municipal
Code.
E. Will the proposed use adversely affect the General Plan
of the City or any specific plan applicable to the area
of the proposed use?
The restaurant zoning, use, and other applicable
items are in compliance with the General Plan.
II. CONDITIONS OF APPROVAL
Conditional Use Permit No. 97-13 is hereby approved subject to
the following conditions:
Conditions of Aooroval
Conditional Use Permit No. 97-13 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. Additionally, prior to exercising the
rights conferred under Conditional Use Permit No. 97-13, the
applicant must comply with the following conditions:
A. Planning Division
1. All signs must comply with Chapter 41, Article 11,
of the Santa Ana Municipal Code.
B. Police Department
1. The existing restaurant and parking lot within 60
feet of the proposed use 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 and litter. All
graffiti and litter 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 cashier's 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 or pool
tables maintained on the premises at any time.
9. All pay telephones shall be located inside the
premises.
10. 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.
11. "No Loitering/Trespass" signs/placards in both
English and Spanish shall be posted in the parking
lot. The posted signs must conform to California
Penal Code Section 602.
12. The 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.
ADOPTED this 14 day of Julv , 1997, by the
following vote:
CITY OF SANTA ANA PLANNING COMMISSION
Alexander Nalle, Chairman
•
COMMISSIONERS:
Nalle Ayes
Oliver No
Mondo des
Doughty Ayes
Verino Ayes
Hanna Aves
MacDowell No
ATTEST:
~'~~~~
Kenneth Adams
Planning Manager
CJ
APPROVED AS TO FORM: