Loading...
HomeMy WebLinkAboutRESO 2017-42_200 202 N BroadwayLS 12.11.17 RESOLUTION NO. 2017-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 2013-02 AS CONDITIONED TO ALLOW THE HOURS OF OPERATION TO EXTEND FROM 6:00 A.M. TO 2:00 A.M., AND MODIFICATION TO CONDITIONAL USE PERMIT NO. 2013-07 AS CONDITIONED TO ALLOW A BANQUET FACILITY USE AT C4 DELI LOCATED AT 200 AND 202 NORTH BROADWAY 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. Jeffrey Jensen ("Applicant'), owner of C4 Deli is requesting approval of modification to Conditional Use Permit ("CUP") No. 2013-02 to allow the hours of operation to extend from 6:00 a.m. to 2:00 a.m. as conditioned, and Conditional Use Permit No. 2013-07 to allow a banquet facility as conditioned at the property located at 200 & 202 North Broadway. The modification is to include 202 North Broadway, the neighboring suite into which they are expanding. B. Previously, on May 13, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013-02 and Conditional Use Permit No. 2013-07. C. Santa Ana Municipal Code Section 41-2007(a) requires a conditional use permit to allow any business to operate between the hours of 12:00 a.m. and 7:00 a.m. D. Santa Ana Municipal Code Section 41-199.1 requires a conditional use permit for banquet facilities ancillary to the primary eating establishment use. E. 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 (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2013-02 to allow the after-hours operation of the restaurant: Resolution No. 2017-42 Page 1 of 8 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The after-hours operations will provide an additional amenity to individuals that wish to have a late night meal in Downtown Santa Ana. This will thereby benefit the community by providing a food -related amenity offering service past 12:00 midnight, which is consistent with that of other restaurants in the Downtown area. Conditions have been placed on this operation to mitigate any potential problems created by the after-hours operation to ensure that service past 12:00 midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain a complete food menu past midnight, disallowing outdoor restaurant activity, and limiting amplified sound to within the building. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The after-hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. The after -hour conditions limit operations to indoor activities after the midnight hour, therefore mitigating any outside ambient noise, as well as limiting the amplified sound within the building. 3. That the proposed use will not 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 extended business hours of operation to their guests and other visitors. Moreover, the offering of after-hours will allow C4 Deli, an existing locally -owned restaurant, to remain economically viable and compete with nearby full-service restaurants in the vicinity and contributes to the overall success of the City of Santa Ana. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. Resolution No. 2017-42 Page 2 of 8 The proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment operating after-hours pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to qualify as an eating establishment, and operational standards applicable to the proposed after-hours operation that will prevent or mitigate any impacts from the restaurant onto adjacent properties. 5. That the proposed use will not 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. Furthermore, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. C4 Deli is located in the Downtown and its operation will be compatible with the surrounding commercial businesses. F. 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 (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2013-07 to allow the banquet facility: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The banquet facility will provide an ancillary service to individuals that wish occupy the eating establishment for the purpose of meetings, parties, ceremonious gatherings, or dining. This will thereby benefit the community by providing another eating establishment that offers the same services, which is consistent with that of other restaurants in the Downtown area. The Santa Ana Municipal Code has established operation standards to mitigate any potential problems created by the banquet facility that will not negatively impact the surrounding community, such as requiring a full suitable kitchen and provide exterior lighting in compliance with police department requirements. Resolution No. 201742 Page 3 of 8 2. That the proposed use under the circumstances of the particular f case will not be detrimental to the health, safety, or general welfare l of persons residing or working in the vicinity. The proposed banquet facility will not be detrimental to those living or working in the area as the business operations will mitigate any negative impacts on the community. In addition conditions are imposed such that noise will be mitigated so that noise is not audible beyond 20 feet from the exterior of the premises in any direction 3. That the proposed use will not 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 the banquet facility to their guests and other visitors. Moreover, the banquet facility expansion will allow C4 Deli, an existing locally -owned restaurant, to remain economically viable and compete with nearby full-service restaurants in the vicinity and contributes to the overall success of the City of Santa Ana. 4. That the proposed use shall 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 imposed on banquet facilities pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to qualify as an eating establishment, and operational standards applicable to the proposed banquet facility expansion will prevent or mitigate any impacts from the restaurant onto adjacent properties. 5. That the proposed use will not 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 a banquet facility offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 5.5 of the Land Use Element encourages development that is compatible with and Resolution No. 2017-42 Page 4 of 8 supporting of surrounding land uses. C4 Deli is located in the Downtown and its operations will be compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the after-hours operation and the banquet facility at a full-service restaurant within an existing structure. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and that no expansion of square footage of the building is proposed. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves modification to Conditional Use Permit No. 2013-02 as conditioned in Exhibit A, attached hereto and incorporated herein, and modification to Conditional Use Permit No. 2013-07, as conditioned in Exhibit B, attached hereto and incorporated 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 December 11, 2017, and exhibits attached thereto all of which are incorporated herein by this reference. ADOPTED this 11`h day of December, 2017 by the following vote: AYES: Commissioners: BACERRA, MCLOUGHLIN, MENDOZA, NGUYEN (4)` NOES: Commissioners: ALDERETE, CONTRERAS-LEO, VERINO (3)' ABSENT: Commissioners: ABSTENTIONS: Commissioners: 4?nA"-� M4W McLoughlin Chairperson Resolution No. 2017-42 Page 5 of 8 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By, Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-42 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 11, 2017. Date: a�'�Vv Recording Secretary City of Santa Ana "By a vote of 4:3, the Planning Commission modified Condition No. 1 and No. 3 of Exhibit A and B to extend the hours of outdoor business activity from 12:00 a.m. until 1:45 a.m. Due to public noticing requirements, the extension of outdoor business activity hours is not permitted. A Public Hearing for extending the hours of outdoor business activity beyond 12:00 a.m. is required and will be scheduled at a later date. Please refer to Planning Commission meeting Minutes from December 11, 2017. Resolution No. 2017-42 Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2013-02 Modification Conditional Use Permit No. 2013-02 for after-hours operations 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 belowrigor 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. Outdoor business activity in any approved outdoor dining areas shall cease by 12:00 a.m. (midnight). 2. Any and all existing or new lighting on the building's exterior must be maintained in good working order. 3. All exterior lighting will be directed towards the restaurant and/or sidewalk and not towards other properties. 4. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction at all times. Resolution No. 2017-42 Page 7 of 8 EXHIBIT B 0 Conditions of Approval for Conditional Use Permit No. 2013-07 Modification Conditional Use Permit No. 2013-07 for a banquet facility 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 belowrip 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. Exterior patio and required rails are subject to a Public Works Agency Outdoor Dining Permit, and Planning and Building Department approval. 2. This establishment shall comply with Santa Ana Municipal Code Section 18-312 regarding exterior noise standards. 3. Outdoor business activity in any approved outdoor dining areas shall cease by 12:00 a.m. 4. Music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction at all times. Resolution No. 2017-42 Page 8 of 8