HomeMy WebLinkAbout2008-065 - Approving Conditional Use Permit No. 2008-23
KG- 7/26/08
RESOLUTION NO. 2008-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2008-23 AS CONDITIONED TO ALLOW 2,696
SQUARE FEET OF RESTAURANT SPACE AT THE
PROPERTY LOCATED AT 520 SOUTH HARBOR
BOULEVARD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Applicant is requesting approval of Conditional Use Permit No. 2008-23 to
allow 2,696 square feet of restaurant space at the property located at 520
South Harbor Boulevard which is located in the North Harbor Specific Plan
(SP-2).
B. Mitigated Negative Declaration and Mitigation Monitoring Program,
Environmental Review No. 2006-87, Zoning Ordinance Amendment No.
2008-02 and Conditional Use Permit No. 2008-23 came before the
Planning Commission on August 11, 2008 for a duly noticed public
hearing. By a vote of 7:0, the Planning Commission voted to recommend
the City Council approve Mitigated Negative Declaration and Mitigation
Monitoring Program, Environmental Review No. 2006-87, Zoning
Ordinance Amendment No. 2008-02 and Conditional Use Permit No.
2008-23 as conditioned.
C. The City Council held a duly noticed public hearing on September 2, 2008
and at that time considered all testimony written or oral on Mitigated
Negative Declaration and Mitigation Monitoring Program, Environmental
Review No. 2006-87, Zoning Ordinance Amendment No. 2008-02 and
Conditional Use Permit No. 2008-23.
D. Pursuant to the North Harbor Specific Plan (SP-2), restaurants and other
eating establishments, including take-out, but not including drive-through
facilities are permitted subject to the issuance of a conditional use permit.
E. Santa Ana Municipal Code Section 41-638 authorizes the City Council 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?
Resolution No. 2008-065
Page 1 of 8
The proposed restaurant use will add an additional service to
the existing community by providing an additional location for
existing residents and business to eat. This will provide
patrons with the convenience of purchasing food, while
waiting for medical appointments or shopping at the
proposed retail uses. Policy 2.2 of the Land Use Element
encourages commercial land uses in adequate amounts to
accommodate the City's needs for goods and services.
Additionally, the inclusion of conditions of approval will help
to ensure that the applicant will operate the project in a
manner that will not create additional problems for the
neighboring residents and Police Department. In addition,
the proposed development complies with Policy 5.5 of the
Land Use Element that encourages projects that are
compatible with and supportive of surrounding land uses.
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 restaurant use will not be detrimental to
persons residing or working in the area because of
placement conditions of approval on the project. Policy 5.5
of the Land Use Element encourages projects that are
compatible with and supportive of surrounding land uses.
The restaurant use will be a supportive use and provide
additional dining and eating opportunities for the neighboring
area and will not create any negative impacts to the
surrounding residences and commercial businesses.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The project will not negatively affect the economic stability of
the surrounding area. Policy 2.5 of the Land Use Element
encourages projects that balance economic and fiscal
benefits of commercial development with its impacts on the
quality of life in the City. A restaurant will not affect the
surrounding neighborhood or City. The addition of the
restaurant space will create an additional service for the
surrounding residential and commercial neighborhoods. The
conditions of approval will help to mitigate any potential
problems and will minimize the possibility of the restaurant
affecting the economic stability for the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
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The proposed project is a new development and will be in
complete compliance will applicable regulations and
standards specified in Chapter 41. In addition, conditions of
approval will be placed on the conditional use permit to
ensure compliance with City standards. The proposed
project complies with the intent of the City's codes and the
intent of the North Harbor Specific Plan goals and objectives.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not have adverse affects on the
General Plan as it is permitted in the General Commercial
land use designation. Policy 2.2 and 2.5 of the Land Use
Element encourage commercial land uses in adequate
amounts to accommodate the City's needs for goods and
services and encourages projects that balance economic
and fiscal benefits of commercial development with its
impacts on the quality of life in the City. The proposed use
will give the neighborhood an additional restaurant use to
purchase food. Additionally, Policy 5.5 of the Land Use
Element encourages projects that are compatible with and
supportive of surrounding land uses. The proposed project
is located within an existing commercial corridor and the
addition of the restaurant use will not affect the General Plan
of the City.
F. Mitigated Negative Declaration and Mitigation Monitoring Program for
Environmental Review No. 2006-87 came before the City Council on
September 2, 2008 with the ordinance adopting ZOA 2008-03. This
resolution incorporates by reference, as though fully set forth herein, the
ordinance and resolutions and said Mitigated Negative Declaration and
Mitigation Monitoring Program for Environmental Review No. 2006-87 in
support of this resolution.
Section 2. The City Council after conducting the public hearing hereby
approves Conditional Use Permit No. 2008-23 as conditioned in Exhibit "A" attached
hereto and incorporated herein, to allow the operation of 2,696 square feet of restaurant
space at the property located at 520 South Harbor Boulevard. The approval of the
restaurant does not include a drive-through facility. This decision is based upon the
evidence submitted at the above said hearing, which includes but is not limited to: the
Request for City Council Action dated September 2, 2008 and exhibits attached thereto;
and the public testimony, all of which are incorporated herein by this reference.
Section 3. This Resolution shall take effect thirty (30) days after its adoption
by the City Council; provided however, that if Ordinance No. NS-2773 is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
Resolution No. 2008-065
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or otherwise do not go into effect for any reason, then this resolution shall be null and
void and have no further force and effect.
ADOPTED this 2nd day of September, 2008.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
AYES: Councilmembers: Alvarez. Benavides. Bustamante, Martinez,
Pulido. Sarmiento, Tinaiero (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2008-065 to be the original resolution adopted by the City
Council of the City of Santa Ana on September 2, 2008.
Date:
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Patricia E. Healy
Clerk of the Council
City of Santa Ana
Resolution No. 2008-065
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Conditions for Approval for Conditional Use Permit No. 2008-23
Conditional Use Permit No. 2008-23 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 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. Planning Division
1. The project shall remain in compliance with Site Plan Review (DP No. 06-
43).
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. Prior to final issuance of a building permit, a sign program shall be
submitted to the Planning Division for review and approval.
4. Construction areas shall receive appropriate routine maintenance to
reduce unnecessary debris piles.
5. Construction areas shall have appropriate erosion and dust control
programs in place.
6. Construction lighting shall be limited to safety and security and directed to
minimize light and glare impacts to any adjacent sensitive receptors.
7. The proposed project will comply with the design standards outlined in the
City of Santa Ana's North Harbor Specific Plan.
8. For the proposed commercial building, subterranean parking, and surface
parking lot, all lighting shall comply with all City zoning, building, and
NHSP design guidelines and will utilize directional and/or shielded lighting
in order to minimize spillover effects to adjacent vicinities. The applicant
will provide the City, for their approval, a lighting plan with a photometric
study that shows the point-by-point foot-candle layout to 20 feet outside
the property line (NHSP 6.2.3). Additionally, all new projects shall provide
an ornamental night lighting plan, prepared by an electrical engineer, and
approved by the building, planning, and police departments (NHSP 6.2.3).
Exhibit A
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9. The applicant shall apply soil stabilizers to inactive areas; water exposed
surfaces two times a day to reduce air quality impacts from construction
related activities.
10. The applicant shall apply position equipment staging areas away from the
sensitive receptors to reduce air quality impacts from construction related
activities.
11. If human remains are unearthed during construction, work shall cease
immediately and the County Coroner shall be contacted to make
necessary findings as to the origin and disposition pursuant to Public
Resources Code Section 5097.98. If the remains are determined to be of
Native American decent, the NAHC shall be notified. The NAHC will
identify the ancestry of the remains and determine which course of action
should be taken in addressing the findings.
12. If the temporary structures are to be demolished, then as a condition of
approval for the project, an asbestos containing materials survey will be
performed by a qualified environmental professional before any demolition
permit is issued. Said survey will adhere to federal, state, and local
regulations and will be sent to the City for approval. If the survey finds
ACMs in the temporary structures, then those materials containing ACMs
will be removed and disposed of in accordance with federal, state, and
local laws and regulations.
13. If lead-based paint is discovered during on-site investigations, all building
materials containing lead-based paint will be removed, transported, and
disposed of at landfills that meet acceptance criteria for the waste being
disposed. Demolition and removal shall be performed in conformance
with federal, state, and local laws and regulations pertaining to lead based
paint.
14. As part of the design for the proposed project, a Water Quality
Management Plan (WQMP) will be prepared and implemented. The
WQMP will include structural and nonstructural Best Management
Practices (BMPs), which will avoid or minimize, to the greatest extent
possible, the impacts associated with the daily operation of the project
site.
15. The proposed project will require a National Pollution Discharge
Elimination System (NPDES) permit and will require the preparation of a
Stormwater Pollution Prevention Plan (SWPPP) incorporating BMPs to
reduce stormwater impacts during construction.
16. Construction activities shall comply with the applicable local jurisdiction's
construction noise requirements. The City of Santa Ana Noise Ordinance
prohibits construction activities between the hour of 8:00 p.m. and 7:00
a.m. Monday through Saturday, anytime on Sundays, and federal
holidays.
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17. All noise-producing project equipment and vehicles using internal
combustion engines shall be equipped with mufflers and air-inlet silencers,
where appropriate, in good operating condition that meet or exceed
original factory specifications. Mobile or fixed "package" equipment (e.g.,
arc-welders, air compressors) shall be equipped with shrouds and noise
control features that are readily available for that type of equipment.
18. All mobile or fixed noise producing equipment used on the project, which
is regulated for noise output by a local, state, or federal agency, shall
comply with such regulation while in the course of project activity.
19. All material stockpiles and mobile equipment staging, parking, and
maintenance areas shall be located as far as practicable from noise
sensitive receptors.
20. The applicant shall locate fixed noise generating equipment as far from
noise sensitive land uses as practical to avoid unnecessary annoyance
from construction noise.
21. The hours of construction, including noisy maintenance activities, shall be
restricted to the periods and days permitted by the City of Santa Ana
Noise Ordinance.
22. The loudest construction activities, such as concrete breaking and jack
hammering, shall be limited to the middle of the day when the sensitivity to
such noises will be at its lowest.
23. Noise producing signals, including horns, whistles, alarms, and bells shall
be used for safety warning purposes only.
24. No project related public address or music systems shall be audible at any
adjacent receptor.
25. If complaints arise, the contractor shall initiate a construction noise-
monitoring plan to ensure the construction noise levels at the nearest
noise sensitive land uses are within the limits of the noise ordinance.
26. Use of temporary noise barriers shall be considered where project
activities and equipment is unavoidably close to noise sensitive receptors.
27. The use of on-site trailers and containers as temporary barriers between
any fixed construction noise source and nearby sensitive receptors shall
be used to avoid unnecessary annoyance from construction noise.
28. The proposed project will implement a Traffic Management Plan (TMP) to
be prepared, in consultation with the City of Santa Ana, prior to
construction. The TMP shall consist of prior notices, adequate sign-
postings, detours, and temporary driveways, if required. Adequate access
shall be maintained at all times to and from existing driveways serving
Resolution No. 2008-065
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adjacent land uses. Proper detours and warning signs shall be established
to ensure public safety. The TMP shall be devised so that construction
will not interfere with any emergency response or evacuation plans. The
TMP shall specify construction routes so that construction workers and
vehicles will travel non-residential street, as practical.
B. Police Department
1. Subterranean parking to be equipped with a rolling overhead grille equipped
with an Emergency Knox Access System.
2. Parking garage design: Each door within the structure leading into a
stairwell, lobby, and storage area must be outfitted with a 100 square inch
rated window. Convex mirrors minimum of 12-inch in diameter must be
provided at each stairwell landing and at each comer along a walkway. The
area underneath the last flight of each stair must be fully enclosed at its
base. Elevator lobbies must be glass encased (glass entry doors) to
provide the user with maximum visibility. Elevations of the glass-encased
lobby are to be submitted for review and approval prior to installation.
Elevator lobbies must open directly into the parking garage. Elevators are
to be equipped with a minimum 12-inch shatterproof convex mirrors or are
to have mirrored backing.
3. One State licensed uniformed security guard will be required of the exterior
of the property seven days a week, twenty-four hours a day.
4. Underground parking garage elevator lobby to be glass encased to
provide maximum ViSibility.
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