HomeMy WebLinkAbout31B - 1830 N BRISTOL ST
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
REQUEST FOR
COUNCIL ACTION
AUGUST 18, 2008
TITLE:
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONDITIONAL USE PERMIT NO. 2008-25 TO
ALLOW AFTER HOURS OPERATION FOR CARL'S
JR. RESTAURANT LOCATED AT 1830 NORTH
BRISTOL STREET - CASPER DEVELOPMENT
RESOURCES INC., APPLICANT
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CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2008-25 as conditioned.
PLANNING COMMISSION ACTION
On July 14, 2008, the Planning Commission adopted a resolution approving
Conditional Use Permit No. 2008-25 as conditioned by a vote of 4:0
(Gartner and Leo absent) to allow after-hours operation for Carl's Jr.
Restaurant at 1830 North Bristol Street in the General Commercial (C2)
zoning district. The Planning Commission made no changes to the
recommended conditions of approval outlined in the attached staff report
(Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
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Jay J>1. Trevino
Executive Director
Planning & Building Agency
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31 B-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
JULY 14, 2008
TITLE:
PUBLIC HEARING - FILED BY CASPER SERVICES
FOR CONDITIONAL USE PERMIT NO. 2008-25 TO
ALLOW AFTER HOURS OPERATION FOR CARL'S JR.
RESTAURANT LOCATED AT 1830 NORTH BRISTOL
STREET
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Matt Foulkes
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." &e6utive Director
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RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2008-25 as
conditioned.
DISCUSSION
Request of Applicant
Casper Services, on behalf of Carl's
approval of Condi t ional Use Permi t No.
operation at 1830 North Bristol Street.
Jr. Restaurant, is requesting
2008-25 to allow after hours
Property Description
The subject site is a 0.7 acre parcel of land located on the west side of
Bristol Street between Seventeenth and Twenty-First Streets. Although
located on an individual parcel, it is part of the Bristol Marketplace
shopping center, a 36 acre multi-tenant commercial development that
contains a mixture of locally and nationally recognized retail and
restaurant uses such as Kohls, Target, Denny's and Subway.
The General Plan land use designation for the site is General Commercial
(GC) , and is located within the General Commercial (C-2) zoning district.
Surrounding land uses include residential to the east, Mendez Fundamental
Intermediate School to the north, a mixture of office and commercial uses
to the west and Santa Ana College to the south (Exhibits 1 and 2) .
EXHIBIT A
31 B-2
Conditional Use Permit No. 2008-25
July 14, 2008
Page 2
Project Description
Carl's Jr. is a nationally recognized fast - food establishment that has
operated at this location since 1990. The Carl's Jr. and adjacent Taco
Bell were constructed as part of Phase II of the master plan for the
Bristol Marketplace shopping center. The applicant is proposing to
obtain a conditional use permit to operate the dining room and drive-
thru on a 24 -hour basis, seven days a week. Both the building and
adjacent drive-thru lane were previously approved under Conditional Use
Permit No. 90-20 in November 1990. The existing restaurant provides
seating for 95 patrons in the dining room with 30 additional seats
provided in an outdoor patio. There are no building enlargements or
modifications proposed as part of the conditional use permit request. A
total of 35 parking spaces are provided on-site; however, parking for
this development is provided as an integrated shopping plaza with more
than 2,000 parking spaces available in the center.
Analysis of the Issues
In January 1994, the City Council adopted Ordinance No. NS-2213 requiring
a conditional use permit for any eating establishment open any time
between the hours of 12:00 a.m. and 5:00 a.m. and is within 150 feet of
any residentially zoned or used property. Since the proposed restaurant
is situated on a parcel of land that is 115 feet and across Bristol Street
from residential property (to the east), a conditional use permit is
required.
In reviewing applications for after hours operation the Planning Division
considers several criteria to determine the feasibility of the request.
These criteria include the crime rate of the area, the nature of the
establishment, the surrounding land uses and options to mitigate any
potentially negative impacts on the nearby residents.
1. Crime rate of the area - The restaurant is located within an area of
the City considered above average in police related incidents. The
area is located in Reporting District No. 123, which ranks 20th out
of 102 Citywide Districts in total number of police related
incidents. This ranking is based on the total number of calls for
service in that reporting district compared to all other reporting
districts. The Police Department has reviewed the proposal and has
added appropriate conditions of approval to address any potential
concerns regarding the after hours use at this location.
31 B-3
Conditional Use Permit No. 2008-25
July 14, 2008
Page 3
2. Type of establishment (fast-food, sit-down, drive-up window)
Carl's Jr. is a 3,500 square foot fast-food restaurant with an
existing drive-thru service. Seating for 95 patrons is provided in
the dining room area with additional seating for 30 in the outdoor
patio. Carl's Jr. maintains 11 employees during regular operating
hours and is proposing to reduce their staff to four employees
during after hours operation. Although there is a reduced level of
staffing, it will still act as a deterrent and reduce the potential
for criminal activity.
3. Surrounding land uses - The site is surrounded by Mendez Fundamental
Intermediate School to the north, a mixture of commercial and office
uses to the west, Santa Ana College to the south and residential to
the east across Bristol Street. Although several other fast-food
and casual dining restaurants exist in this center including Taco
Bell, Subway and Denny's, Carl's Jr. will be the first restaurant in
this center to offer after hours operation thus serving a need for
late night food service in this area. Additionally, the
restaurant's location adjacent to two major arterial streets as well
as its proximity to Santa Ana College makes this an appropriate
location for an after hours use.
4. Mitigation measures Staff has identified noise and loitering in
the parking lot as two potentially negative impacts associated with
the after hours operation. In order to address these concerns staff
has added conditions requiring the outdoor dining and play area to
be closed at 10:00 p.m., the volume on the speaker box in the drive-
thru to be reduced during after hour's operation, the removal of all
exterior pay phones and the posting of no loitering signs in the
parking lot.
In addition to the mitigation measures outlined above, staff has included
appropriate conditions of approval aimed at further minimizing any
potential impacts on the adjacent properties. Finally, staff has added a
provision that the conditional use permit be reviewed after 90-days, six
months, one year and then annually to make any modifications necessary.
Based upon the analysis of the project, staff recommends that the Planning
Commission approve Conditional Use Permit No. 2008-25 as conditioned.
31 B-4
Conditional Use Permit No. 2008-25
July 14, 2008
Page 4
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15301. This
Class 1 exemption allows the licensing of existing facilities with no
expansion of the existing use. Categorical Exemption Environmental Review
No. 2008-78 will be filed for this project.
Matt Foulkes
Assistant Planner I
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31 B-5
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KO- 7/10/08
RESOLUTION NO. 2008-15
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2008-25 AS CONDITIONED TO ALLOW
THE OPERATION OF A RESTAURANT BETWEEN THE
HOURS OF 12:00 AM AND 5:00 AM WITHIN ONE
HUNDRED FIFTY FEET OF A RESIDENTIALLY ZONED
PROPERTY FOR THE PROPERTY LOCATED AT 1830
NORTH BRISTOL 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 a Conditional Use Permit No. 2008-25
to operate a restaurant which will be open 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 for the property located at 1830 North Bristol
Street.
B. Conditional Use Permit No. 2008-25 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
July 14, 2008.
C. Pursuant to Santa Ana Municipal Code Section 41-377.5, eating
establishments open 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 are permitted subject to the issuance of a conditional use permit.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed after hours operation will provide an additional
amenity to the restaurant and thereby benefit the community
by providing extra hours of food service at the eating
establishment. Conditions have been placed on the
Resolution No. 2008-15
Page 1 of 8
31 B-8
conditional use permit which will mitigate any potential
impacts created by the use and ensure that the eating
establishment 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 late night operation will not be detrimental to
persons residing and working in the area as the use, as
conditioned, will not create any negative or adverse impacts
such as noise or loitering.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The 0.7 acre site is in an existing retail shopping
development that is suitable for the restaurant use. The
allowance of the after hours operation will complement the
economic stability of the area by providing greater
opportunities for generating revenue for the restaurant
through the attraction of additional patrons.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The proposed project will be in compliance with all
applicable regulations imposed on a restaurant with an after
hours conditional use permit 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.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's need for goods and services.
The extended hours of operation will provide a dining service
to the residents of Santa Ana. Additionally, the property is
located within the General Commercial general plan land
use designation which permits restaurant uses.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15301.
This Class 1 exemption allows the licensing of existing facilities with no
Resolution No. 2008-15
Page 2 of 8
31 B-9
expansion of the existing use. Categorical Exemption Environmental
Review No. 2008-78 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2008-25 as conditioned in Exhibit "A" attached
hereto and incorporated herein, to operate a restaurant which will be open 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 for the property located at 1830 North Bristol Street.
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 July
14, 2008 and exhibits attached thereto; and the public testimony, all of which are
incorporated herein by this reference.
ADOPTED this 14th day of July, 2008 by the following vote:
AYES: Commissioners: Alderete, Betancourt, De La Torre, Mill (4)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Gartner, Leo (2)
ABSTENTIONS: Commissioners: None (0)
Harvey De La Torre
Vice Chairman
Resolution No. 2008-15
Page 3 of 8
31 B-1 0
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2008-15 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on July 14, 2008.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2008-15
Page 4 of 8
31 B-11
Conditions for Approval for Conditional Use Permit No. 2008-25
Conditional Use Permit No. 2008-25 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.
The applicant must comply in full 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.
A. Plannina Division
1. The project shall remain in compliance with Site Plan Review (DP No. 08-
24).
2. Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended.
3. The drive-thru speaker volume shall remain in compliance with the City of
Santa Ana noise ordinances.
B. Police Department
1. The existing building and parking lot must conform to 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. All graffiti 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
Resolution No. 2008-15
Page 5 of 8
Exhibit A
31 B-12
shall not exceed 25 percent of window coverage. Windows shall be kept
clear of any advertising materials between three and six feet in height.
5. Window displays and racks must be kept to a maximum height of three
feet including merchandise and cannot obstruct the cashiers view to the
outside.
6. A timed-access cash controller or a money drop safe capable of easily
providing the cashier the ability to quickly deposit money into it must be
installed.
7. Install a silent armed robbery alarm.
8. There shall be no coin-operated games maintained on the premises at any
time.
9. All pay telephones shall be located inside the premises.
10. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
11. The conditional use permit shall be reviewed at ninety days, six months, at
one year and then annually thereafter by the Police Department for any
modification to the conditions of approval.
12. "No LoiteringlTrespass" signs/placards shall be posted in the parking lot.
The posted signs must conform to Penal Code Section 602.
13. Provide a Closed Circuit Television System capable of viewing and
recording events inside the premises as follows:
(a) A minimum of one color camera at each cash register that views
the front of a customer, from the waist to the top of the head.
(b) A minimum of one color camera that views the full length side of
a customer at the cash register area.
(c) A color camera recorder capable of recording events on all
cameras simultaneously.
(d) A tape or disc storage library of recorded cameras kept for a
minimum of 60 days.
(e) If video tape is used, tapes can not be taped over more than six
times.
Resolution No. 2008-15
Page 6 of 8
31 B-13
(f) An audio recording component that will record sounds occurring
at the customer counter.
14. Clearly distinguishable height markers shall be installed on the inside door
jamb of all doors used by the public to access the store. Horizontal marks,
one-inch wide by three-inch long, in different colors, and in a contrasting
color to the background, shall be placed every six inches beginning at five
feet and ending at six feet six inches.
Resolution No. 2008-15
Page 7 of 8
31 B-14
PROOF OF SERVICE
(C.C.P. SECTION 1 013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
Second Floor, Santa Ana, California 92701.
Neal Casper
Casper Development Resources Inc.
5360 Jackson Drive, Suite 114
La Mesa, CA 91942
Art M. Nerio
17122 Marina View Place
Huntington Beach, CA 92647
Ree Ryan
CKE Restaurants, Inc.
401 W. Carl Karcher Way
Anaheim, CA 92801
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[] The document was transmitted by EMAIL transmission and was reported as complete
and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on (date) at Santa Ana, California.
MARTHA RAMIREZ
Resolution No. 2008-15
Page 8 of 8
31 B-15
31 B-16