HomeMy WebLinkAboutReso2024-24_1601 N Bristol St (CUP)Resolution No. 2024-24
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RESOLUTION NO. 2024-24
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2024-03 AS CONDITIONED TO ALLOW
THE OPERATION OF A DRIVE-THROUGH WINDOW
SERVICE FOR THE PROPERTY LOCATED AT 1601 AND
1607 NORTH BRISTOL STREET (APN: 405-252-21 AND
405-252-22)
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.Bristol Center Properties, LLC (“Applicant” and “Property Owner”),
representing Better Buzz Coffee Roasters (“Tenant”), is requesting approval
of Conditional Use Permit (“CUP”) No. 2024-03 for the operation of a drive-
through window service at a new eating establishment located at 1601 and
1607 North Bristol Street.
B.Section 41-424.5(e) of the Santa Ana Municipal Code (“SAMC”) requires
approval of a CUP for eating establishments wishing to operate a drive-
through window service.
C.On April 8, 2024, the Planning Commission of the City of Santa Ana held a
duly-noticed public hearing and voted unanimously to find Abandonment
No. 2023-02 to be consistent with the General Plan.
D.On July 16, 2024, the City Council of the City of Santa Ana adopted a
resolution to summarily vacate a portion of Bristol Street and a resolution
declaring the property as exempt surplus land.
E.On October 15, 2024, the City Council of the City of Santa Ana approved the
sale of the 392 sq. ft. land to the Applicant to accommodate for the new
proposed eating establishment.
F.On October 28, 2024, the Planning Commission of the City of Santa Ana held
a duly-noticed public hearing on CUP No. 2024-03.
G.The Planning Commission of the City of Santa Ana has determined that the
following findings, which must be established in order to grant a CUP
pursuant to Section 41-638 of the SAMC, have been established for CUP
No. 2024-03 to allow the operation of a drive-through window service at a
new eating establishment located at 1601 and 1607 North Bristol Street.
Resolution No. 2024-24
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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 operation of a drive-through window service at the subject
site will provide a service to persons that work, go to school, or
reside in the area. The project will revitalize an existing vacant
site with a new, viable commercial use. The project includes
the construction of a new commercial building that will activate
the street and provide a service to the surrounding
community. The architecture of the building has been
designed to maximize the building’s prominence on Bristol
Street and enhance the streetscape of the 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 drive-through window service will not be
detrimental to the health, safety or welfare of those residing or
working in the vicinity as it is designed and intended to generate
the least amount of impacts as possible. The drive-through lane
meets the City’s stacking requirements and will allow for eight
vehicles to queue without disrupting drive aisle or onsite parking
spaces and circulation. In addition, vehicle queuing at the
driveway is not anticipated to exceed, and vehicles queuing in
the drive-through lane will have adequate space to queue within
the project and will not spill over onto Bristol Street.
The drive-through operation is also designed to generate
minimal noise impacts as the speaker boards are facing away
from the nearby residences. Additionally, the project will be
conditioned to plant additional landscape along the east
property line to help buffer any potential noise generated from
the idling of vehicles or the drive-through speakers.
3.That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding the
area.
The introduction of the drive-through window service is poised
to have a positive impact, safeguarding the economic stability
and fostering future economic development in the surrounding
properties. Better Buzz Coffee Roasters, through its
innovative offerings, is set to enrich the local landscape by
providing additional services and dining opportunities. This
not only enhances the area's amenities but also establishes a
commercial business that contributes to the City's revenue
through generated sales tax. In essence, the initiative
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promises to be a mutually beneficial addition, reinforcing
economic vitality and providing a valuable resource for the
community.
4.That the proposed use will comply with the regulations and conditions
specified in Chapter 41 of the SAMC for such use.
With the exception of the minimum front landscape
requirement, for which the project seeks relief through
Variance No. 2024-01 under concurrent review, the project
meets all development standards. Specifically, the applicant
is requesting approval for Variance No. 2024-01 to reduce the
required front-yard landscaped area. The proposed use is
consistent with other stipulations and requirements outlined in
Chapter 41 of the SAMC, encompassing building heights,
setback specifications, and parking provisions. As part of the
conditional use permit, a vital condition has been incorporated
to record a property maintenance agreement against the
property. This measure is designed to guarantee the proper
upkeep of the property and all associated improvements,
ensuring a sustained level of maintenance in accordance with
approved standards. 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.
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 approval of the proposed project will be consistent with the
General Plan land use designation of General Commercial
(GC), which allows for the development of highly visible and
accessible shopping opportunities along arterial corridors.
Additionally, this designation supports the development and
continued operation of recreational, cultural, and entertainment
opportunities near established residential neighborhoods. The
project would provide an added amenity and would promote a
land use that enhances the City’s economic fiscal viability and
mitigates any potential impacts to the surrounding community.
Furthermore, approval of this application would be consistent
with several goals and policies of the General Plan, specifically
Goals 2, 3, and 4 of the Land Use (“LU”) Element and Goals 1,
2, and 3 of the Economic Prosperity (“EP”) Element as
discussed below.
•Goal LU-2: Land Use Needs – Provide a balance of
land uses that meet Santa Ana’s diverse needs
Resolution No. 2024-24
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o Policy 2.7 Business Incubator – Support land
use decisions that encourage the creation,
development, and retention of business in Santa
Ana
The project is consistent with Goal LU-2 and Policy 2.7 as it
actively contributes to fostering land use decisions that
promotes the establishment, growth, and sustainability of
business in Santa Ana. The construction of a new café along a
major corridor, near residential, and Santa Ana College will
continue to encourage a wide range of commercial uses that
benefit the existing neighborhood and the surrounding
community. The placement of the proposed café not only
enhances the immediate neighborhood but also positively
impacts the broader community.
•Goal LU-3: Compatibility of Uses – Preserve and
improve the character and integrity of existing
neighborhoods and districts.
o Policy 3.1 Community Benefits – Support new
development which provides a net community
benefit and contributes to neighborhood
character and identity.
The proposed project is consistent with Goal 3 and Policy 3.1
as it is designed to revitalize the currently vacant site,
presenting a tangible improvement that will greatly benefit the
neighboring community. Moreover, the inclusion of a drive-
through window service will enhance the long-term
sustainability of both the lot itself and Better Buzz Coffee
Roasters. This feature not only increase accessibility and
convenience for patrons but also strengthen the commercial
viability and enduring success of the establishment.
•Goal LU-4: Complete Communities – Support a
sustainable Santa Ana through improvements to the
built environment and culture of collaboration.
o Policy 4.1 Complementary Uses – Promote
complete neighborhoods by encouraging a mix
of complementary uses, community services,
and people places within a walkable area.
The proposed project is consistent with Goal 4 and Policy
4.1 as it will contribute to the existing built environment in the
surrounding neighborhood. The development of the
proposed café holds the potential to foster a cohesive
neighborhood, catering to both the residential community in
its vicinity and the commercial corridor along Bristol Street.
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The project not only adheres to planning objectives but also
actively contributes to the creation of a comprehensive and
vibrant community landscape.
•Goal EP-1: Job Creation and Retention – Foster a
dynamic local economy that provides and create
employment opportunities for all residents in the City.
o Policy 1.2 Attract Business – Promote new and
retain existing job-producing businesses that
provide living-wage employment opportunities.
The project is consistent with Goal EP-1 and Policy 1.2, as
the proposed improvements would help generate additional
economic growth and stability in the City by further activating
underutilized parcels and helping generate property and
sales tax revenue. Furthermore, the proposed project would
help create a job-producing establishment thereby providing
employment opportunities to Santa Ana residents.
•Goal EP-2: Diverse Economic Base – Maintain and
enhance the diversity and regional significance of the
city’s economic base.
o Policy 2.2 Deliberate Investment – Pursue
business attraction and retention prospects in
sectors which broaden and strengthen the local
economy
The project is consistent with Goal EP-2 and Policy 2.2 as it
actively contributes to the attraction and cultivation of a new
business within the City of Santa Ana. By introducing a new
café, this initiative is set to not only enhance the local
business landscape but also strengthen the overall
economy. The proposed café is anticipated to improve
economic growth by generating significant property and
sales tax revenue. This infusion of revenue
solidifies the financial health of the business itself and
contributes to the broader economic sustainability of Santa
Ana.
•Goal EP-3: Business Friendly Environment – Promote
a business friendly environment where businesses
thrive and build on Santa Ana’s strengths and
opportunities.
o Policy 3.7 Facilitating Investment – Promote a
solution-based customer focus in order to
facilitate additional development and
investment in the community.
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o Policy 3.8 Comprehensive Analysis of Land Use
–Pursue a balance of fiscal and qualitative
community benefits when making land use
decisions.
The project would be consistent with Goal EP-3 and Policies
3.7 and 3.8, as it provides for redevelopment of existing
underutilized vacant properties and promotes a new cafe
that would provide services to the community. Moreover, the
project would help create a friendly business environment
and help the overall commercial strip along Bristol Street to
enhance their business offerings and compete with nearby
commercial businesses. Lastly, by working on an improved
site design with the applicant, staff ensured that that project
provided a high level of community investment for residents,
workers, and visitors in the area.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, the project is categorically exempt from further review per
Section 15303 (Class 3 – New construction or conversion of small structures) of the
CEQA Guidelines and does not trigger any of the exceptions enumerated by Section
15300.2 of the CEQA Guidelines. Class 3 exemption applies to the construction of new
small structures or conversion of existing small structures from one use to another where
only minor modifications are made in the exterior of the structure. The project proposes
to allow the operation of a drive-through window service at an existing developed site. As
such, a Notice of Exemption, Environmental Review No. 2022-119, 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, referendum, and other proceedings (whether legal,
equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
resolution procedures (including, but not limited to arbitrations, mediations, 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, attack, 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 voters 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
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the defense. City shall promptly notify the Applicant of any Action brought and City shall
cooperate with 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. 2024-03, as conditioned
in Exhibit A, attached hereto and incorporated herein, for the operation of a drive-through
window service at 1601 and 1607 North Bristol Street, based on the findings contained in
Section 1. This decision is based upon the evidence submitted at the above-referenced
hearing, including but not limited to: The Request for Planning Commission Action dated
October 28, 2024, and exhibits attached thereto; and the public testimony, written and
oral, all of which are incorporated herein by this reference.
ADOPTED this 28th day of October, 2024.
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
ABSTENTIONS: Commissioners:
_______________________
Jennifer Oliva
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
Carl Benninger, Jennifer Oliva, Christopher Leo, Isuri
Ramos, Bao Pham, Alan Woo (6)
Manuel J. Escamilla (1)
Resolution No. 2024-24
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2024-24 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on October 28, 2024.
Date: ________________ ____________________________________
Nuvia Ocampo
Recording Secretary
City of Santa Ana
10/28/2024
Resolution No. 2024-24
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2024-03
Conditional Use Permit (“CUP”) No. 2024-03 allowing the operation of a drive-through
window service 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.
The Applicant must comply with each and every condition listed below in order to exercise
the rights conferred by this CUP.
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 CUP.
1.All proposed site improvements must conform to the Development Project Review
(DP No. 2022-39) and the staff report exhibits.
2.Any amendment to this CUP must be submitted to the Planning Division for review.
At that time, staff will determine if administrative relief is available or if the CUP must
be amended.
3.Prior to the issuance of a building permit, the Applicant shall submit a full landscape
and irrigation plan to the Planning Division for review and approval. The landscape
plan shall conform to the commercial landscape standards, Citywide Design
Guidelines, and the City’s Water Efficient Landscape Ordinance, and shall note that
all landscape planted along the east property line shall be mature and sufficiently tall
to buffer any potential noise; all landscape along Bristol Street shall be enhanced to
screen the drive-through vehicle queue; and decorative pavers or an alternative
concrete design deemed appropriate by Planning Division staff, shall be required to
be installed at the proposed driveway.
4.Prior to the issuance of a building permit, the Applicant shall submit the recorded Lot
Line Adjustment ensuring that the 392 square feet previously designated as public
right-of-way is included as part of the property at 1601-1607 N. Bristol Street.
5.All landscaping shall be installed per the approved landscape and irrigation plan. In
addition, all landscaping along the east property line and in parking lot planters shall
be evergreen, be required to be maintained throughout the lifetime of the CUP, and
shall be required to be maintained in a healthy manner. Moreover, any unhealthy or
dead landscaping shall be required to be removed and replaced in-kind.
6.Site illumination levels must remain in compliance with Section 8-211 (Special
Commercial Building Provisions) of the Santa Ana Municipal Code at all times.
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7.All on-site trees proposed to be used shall be selected from the City of Santa Ana
Designated Tree Species Guide (“Guide”) recommended tree list and will be verified
as part of the Landscape plan that will be reviewed by Planning Staff. Added by the
Planning Commission on October 28, 2024.
8.Along the east property line abutting the single-family residences, install 26 to 29
Pacific Wax Myrtle (Myrica Californica) screen shrubs 5 to 6 feet apart optimize
privacy along the east property line. The shrubs shall be 24-inch box at time of
installation.
9.The business owner shall maintain and adhere to a “Good Neighbor Policy,”
implementing measures to ensure patrons comply with applicable noise, parking,
and outdoor smoking regulations, and removing litter and preventing loitering in
the areas in the immediate vicinity of the business.
10.The applicant shall maintain the site as necessary, including but not limited to: the
repair and upkeep of the property; cleanup of trash and debris; repair and upkeep
of any damaged and/or weathered components of the building; repair and upkeep
of exterior paint; parking striping, lighting and irrigation fixtures; landscaping and
related landscape, furnishing, and hardscape improvements.
11.At any time that vehicle stacking extends beyond the entrance to the drive through
facility, the restaurant shall provide field staff 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
on site to satisfy this condition shall be posted and maintained onsite.
12.Violations of the Conditional Use Permit as contained in Section 41-647.5 of the
Santa Ana Municipal Code will be grounds for permit suspension and/or revocation
as described in Section 41-651 of the Santa Ana Municipal Code.
13.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.
14.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 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 thereupon 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 shall 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:
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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 improvements 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 thereof),
both the Applicant and the owner of the property shall be signatories to the
Maintenance Agreement and both shall be jointly and severally liable 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 leas
g.e, sublease, license or sublicense, unless the prospective assignee agrees
in writing to assume all of the duties, obligations and responsibilities set
forth under the Maintenance Agreement;
h.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
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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.