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HomeMy WebLinkAboutRESO 2021-03_2320 S BRISTOL STREET (AFTER HOURS)jmf 1/27/21 Resolution No. 2021-03 Page 1 of 8 RESOLUTION NO. 2021-03 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.Rose Bacinski (“Applicant”), representing property owner Brian Katz, is requesting approval of two conditional use permit (CUP) applications to facilitate construction of a Tacos Gavilan eating establishment at 2320 South Bristol Street. B.Santa Ana Municipal Code (“SAMC”) Section 41-365.5(f) and 41-377.5(a) requires approval of a CUP for eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property. C.Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve CUP No. 2020-25 for this project as set forth by the Santa Ana Municipal Code. D.On February 8, 2021, the Planning Commission held a duly noticed public hearing for CUP No. 2020-25. E.The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant CUP No. 2020-25, to operate between the hours of 12:00 a.m. and 5:00 a.m. within one hundred fif ty (150) feet of residentially zoned and used property, have been established as required by SAMC Section 41-638: 1.That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed eating establishment with 24-hour operations will provide a service to persons that are working or residing in the area. The project will redevelop an underutilized and vacant site with a new, viable commercial use. The building is A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2020-25 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION UNTIL 2:00 A.M. ON SATURDAYS AND SUNDAYS FOR AN EATING ESTABLISHMENT AT 2320 SOUTH BRISTOL STREET jmf 1/27/21 Resolution No. 2021-03 Page 2 of 8 designed in a Spanish architectural style with tall aluminum storefronts, earth tone color palette, thin stone veneer, smooth stucco finishes, canopies and trim, medallions, complementary light fixtures, landscaping/green screens, and a prominent front entry design. The architecture is designed to maximize the building’s prominence on Bristol Street and enhance the streetscape as a commercial corridor. 2.That the proposed use will not, 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 operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The property to the west is a multiple-family residential development whose nearest structures are approximately 150 feet from the subject site and are separated by an existing eight-foot tall block wall. These conditions will help buffer the residential uses from any light, noise, or traffic impacts that the eating establishment may have on the residents. Moreover, the applicant’s request to only operate the restaurant and drive-through facility until 2:00 a.m. on two nights per week (Friday/Saturday and Saturday/Sunday) will result in minimizing any potential impacts from late-night operations. In addition, the Police Department has determined that although there has been police activity nearby within the last 365-days, it should not reflect negatively on the proposed restaurant or after-hours activity. The Police Department contends that the operational standards applicable to after-hours activity will mitigate any potential impacts to the surrounding community and therefore does not oppose the granting of the conditional use permit. 3.That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The after-hours operations will not adversely affect the economic stability or future economic development of properties in the surrounding area. The site will be redeveloped with a new eating establishment with water efficient landscaping. An eating establishment with after- hours operations will provide additional service and eating opportunities for the area and will provide a commercial business that will generate sales tax revenue for the City. This new business will provide job opportunities and allow jmf 1/27/21 Resolution No. 2021-03 Page 3 of 8 the business to compete with other after-hours businesses within close proximity. 4.That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41, including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 5.That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed eating establishment with after-hours operations will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10 encourages the location of commercial activities at arterial roadway intersections in commercial districts. The project will provide for a new eating establishment on an arterial street. Land Use Element Goal 2 promotes land uses that enhance the City’s economic and fiscal viability. Policy 2.8 encourages increased levels of capital investment. The after-hours operations will contribute to the viability of the site. Policy 2.9 supports developments that create a business environment that is safe and attractive. The condition of approval for property maintenance will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City’s economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environment. Specifically, Policy 1.5 enhances architectural forms, textures, colors, and materials for all projects. jmf 1/27/21 Resolution No. 2021-03 Page 4 of 8 Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15303 (Class 3). The Class 3 exemption consists of the construction of small structures, which in an urbanized area applies to up to four commercial buildin gs not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environm entally sensitive. The proposed building is 2,765 square feet in floor area within the General Commercial zone, which allows for service, retail and commercial uses. The proposed eating establishment is not anticipated to use significant amounts of hazardous substances. There are public services available through the City of Santa Ana and the Orange County Fire Authority and the surrounding area is not environmentally sensitive. As a result, Categorical Exemption, Environmental Review No. 2020 -23 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, m ediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attac k, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the v oters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate wit h Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2020-25, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 2320 South Bristol Street. This decision is based upon the evidence submitted at the above - referenced hearing, including but not limited to: the Request for Planning Commission jmf 1/27/21 Resolution No. 2021-03 Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2020-25 Conditional Use Permit No. 2020-25 for after-hours operations is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply 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. 1.All proposed site improvements must conform to the Site Plan Review (DP No. 2020- 07)and the staff report exhibits. 2.Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3.Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. The landscape plan shall also include landscape planters along the east and west property line, block wall details, note the application of anti-graffiti coating, date palms instead of queen palms where feasible, and the installation of a berm where feasible to screen the drive-through lane from view from Bristol Street. 4.Prior to the issuance of a Certificate of Occupancy, the Applicant shall construct a minimum eight-foot decorative block wall along the southern property line to close the gap in the existing block walls on site. All walls (new and existing) shall be painted and coated with anti-graffiti coating. Vines must be planted at regular intervals along the base of all walls so as to improve the aesthetics of the wall, minimize blank surfaces, and assist with deterring graffiti. 5.Prior to issuance of a Certificate of Occupancy, the non-conforming pole sign on Bristol Street shall be fully removed, and any missing landscaping replanted in its location unless replaced by another freestanding sign in full accordance with applicable development standards. 6.Prior to the issuance of a Certificate of Occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to jmf 1/27/21 Resolution No. 2021-03 Page 7 of 8 review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupo n are properly maintained, Developer/Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which s hall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: a.Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation; adherence to approved project phasing etc.), if applicable; b.Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses) if applicable; c.Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d.Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about and immediately adjacent to the property; the proper and timely removal of graffiti; the timely maintenance , repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvemen ts and the like, as applicable; e.If Developer/Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion th ereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liabl e for compliance with its terms; f.The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or jmf 1/27/21 Resolution No. 2021-03 Page 8 of 8 sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Maintenance Agreement; g.The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 7.At any time that vehicle stacking extends beyond the entrance to the drive through facility, the restaurant shall provide field staff as reasonably required to expedite drive-through operations, assist with onsite parking, and prevent vehicles from blocking onsite parking spaces, drive aisles, the ingress and egress easement onto adjacent properties, and/or queuing onto Bristol Street. A stacking plan illustrating vehicle stacking management in parking areas shall be posted and maintained onsite. – Modified by Planning Commission on February 8, 2021. 8.The business shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 9.A “right turn only” sign shall be posted at the project driveway for outgoing traffic existing the site onto Bristol Street. – Added by Planning Commission on February 8, 2021. 10. The project’s north elevation shall be revised to include additional windows/storefronts adjacent to dining room areas where structurally feasible. – Added by Planning Commission on February 8, 2021. 11. The Planning Division shall review Conditional Use Permit Nos. 2020-24 and 2020- 25 no later than six (6) months after issuance of a Certificate of Occupancy to identify any onsite security and/or Police Department concerns. If determined by the Planning Division, both Conditional Use Permits shall be scheduled for public hearing at the applicant’s full expense for condition modification(s) as needed to require private onsite security. – Added by Planning Commission on February 8, 2021.