HomeMy WebLinkAbout20131209_2013-30_300NMainStIss - 12/4/13
RESOLUTION NO. 2013 -30
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2012 -18 AS CONDITIONED TO ALLOW
THE HOURS OF OPERATION TO EXTEND TO 2:00 A.M.,
FOR THE PROPERTY LOCATED AT 300 NORTH MAIN
STREET
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. 2012 -18 to
allow the restaurant's hours of operation to extend to 2:00 a.m. as
conditioned, for the property located at 300 North Main Street.
B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use
permit for: businesses operating between the hours of 12:00 a.m. and
7:00 a.m.
C. On December 9, 2013, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2012 -18.
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 for Conditional Use Permit No. 2012 -18 to allow for after -
hours operation:
1. 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 after -hours operation will provide a service to
the restaurant customers by allowing the ability to offer
meals after 12:00 a.m., thereby providing an additional
dining option within the downtown area. This will benefit the
community by providing a restaurant with an additional and
complementary food - related amenity. The after -hours
operation is consistent with that of other restaurants in the
area. Conditions have been placed on the after -hours permit
Resolution No. 2013 -30
Page 1 of 5
that will mitigate any potential impacts created by the use
and ensure that the use will not negatively affect the
surrounding community.
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?
The proposed hours of operation at this location will not be
detrimental to persons residing or working in the vicinity
because conditions have been placed on the permit that will
mitigate any potential negative or adverse impacts created
by the use, and the proposed after -hours operation is
consistent with other restaurants operating in the downtown.
Additionally, the building location faces Main Street which is
an arterial with significant public and commercial activity.
Specific conditions address the potential for noise and light
intrusion, as well as for security.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed use will not adversely affect the economic
stability of the area, but will instead allow the restaurant to
compete with other nearby restaurants that also offer after -
hours meals to their patrons. The extension of operating
hours will enable the restaurant to continue operations for a
longer period of time, thereby allowing the business to
generate revenue to ensure its continued economic viability.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
restaurant open after midnight pursuant to Chapter 41 of the
Santa Ana Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
The granting of this conditional use permit supports several
policies contained in the General Plan. Policy 2.2 of the
Land Use Element encourages land uses that accommodate
the City's needs for goods and services. Providing a variety
of full - service restaurants with extended hours of operation
offers additional dining options for Santa Ana residents and
visitors. Policy 2.8 of the Land Use Element promotes the
rehabilitation of commercial properties, and encourages
Resolution No. 2013 -30
Page 2 of 5
increased levels of capital investment. Further, Policy 2.9 of
the Land Use Element supports developments that create a
business environment that is safe and attractive. The
rehabilitation of the building has created an attractive corner
on Third and Main Streets, and remaining open until 2:00
a.m. promotes commercial activity in the area. Policy 5.5 of
the Land Use Element encourages development that is
compatible with and supporting of surrounding land uses.
The Little Sparrow is located in a commercial area,
compatible with the surrounding commercial businesses.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15061(b)(3)
because it has no possibility of having a significant impact on the
environment as this is a permitted land use per the Santa Ana Municipal
Code and in compliance with the City's General Plan. Categorical
Exemption Review No. 2012 -18 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. 2012 -18 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 above said hearing,
which includes but is not limited to: the Request for Planning Commission Action dated
December 9, 2013 and exhibits attached thereto; and the public testimony, all of which
are incorporated herein by this reference.
ADOPTED this 9th day of December 2013 by the following vote:
AYES: Commissioners: Alderete, Crespo, Gartner, Mill, Nalle, Yrarrazaval
(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: Bacerrn M
Chairman
Resolution No. 2013 -30
Page 3 of 5
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Laura Sheedy
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. 2013 -30 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on December 9, 2013 .
Date:
C�
Se �c-etary of the lannfng-Commission
City of Santa Ana
Resolution No. 2013 -30
Page 4 of 5
EXHIBIT A
Conditions for Approval of Conditional Use Permit No. 2012 -18
Conditional Use Permit No. 2012 -18 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 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.
1. The premises shall at all times be maintained as a bona -fide eating
establishment as defined in Section 23038 of the California Business and
Professions Code and shall provide a menu containing an assortment of
foods normally offered. The premises must have suitable kitchen facilities
and supply an assortment of foods commonly ordered at various hours of
the day.
2. There will be no outdoor restaurant activity after midnight.
3. All exterior lighting will be directed towards the restaurant and /or sidewalk
and not towards other properties.
4. There shall be no amplified sound outside the building.
5. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, is subject to compliance with Santa Ana
Municipal Code ( "SAMC") Chapter 11 and shall comply with all of the
standards contained therein. Notwithstanding this requirement,
music /noise shall not be audible beyond 20 feet from the exterior of the
premises in any direction.
Resolution No. 2013 -30
Page 5 of 5