HomeMy WebLinkAbout31B - CUP - 751 S HARBOR BLVDREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 4, 2010
TITLE:
CONDITIONAL USE PERMIT NO. 2010-16
TO ALLOW THE DRIVE-THROUGH WINDOW
FOR ARSENIO'S RESTAURANT TO OPERATE
AFTER HOURS AT 751 SOUTH HARBOR
BOULEVARD - BILL MASON, APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s1 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2010-16 as conditioned.
PLANNING COMMISSION ACTION
On September 13, 2010, the Planning Commission adopted a resolution approving Conditional
Use Permit No. 2010-16 as conditioned by a vote of 7:0 to allow an existing drive-through window
service for Arsenio's Restaurant to operate 24-hours located at 751 South Harbor Boulevard, in
the North Harbor Specific Plan (SP2) zoning district (Exhibit A). The Planning Commission
amended a condition to require the removal of graffiti within 24 hours of occurrence.
FISCAL IMPACT
There is no fiscal impact associated with this action.
J Trevino
Executive Director
Planning & Building Agency
VF:rb
vftreporWcup10-16 Arsenio's Restaurant=
Exhibit: 1. Planning Commission Staff Report
31 B-1
31 B-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
SEPTEMBER 13, 2010
TITLE:
PUBLIC HEARING - FILED BY BILL MASON
FOR CONDITIONAL USE PERMIT NO. 2010-16
TO ALLOW THE DRIVE-THROUGH WINDOW FOR
ARSENIO'S RESTAURANT TO OPERATE AFTER
HOURS AT 751 SOUTH HARBOR BOULEVARD
Prepared by Vince Fregoso
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
Planning Mana r
Adopt a resolution approving Conditional Use Permit No. 2010-16 as conditioned.
DISCUSSION
Request of Applicant
Bill Mason, representing Arsenio's Restaurant, is requesting approval of a conditional use permit to
allow an existing drive-through window service to remain open between the hours of 12:00 a.m.
and 5:00 a.m. at 751 South Harbor Boulevard.
Property Description
The subject site is located within the Riverview West Marketplace development, a 22.5 acre,
rectangular shaped parcel of land located at the southeast corner of Harbor Boulevard and
McFadden Avenue. The site is located within the General Commercial area of the North Harbor
Specific Plan (SP-2) zoning district and has a General Plan land use designation of General
Commercial (GC). Surrounding land uses include commercial and industrial to the north, single-
family and multi-family residential to the south, and commercial uses to the east and west (Exhibits
1 and 2).
The Riverview West Marketplace consists of nine separate parcels containing approximately
274,291 square feet of retail space within nine separate building pads. The project was originally
constructed in 1995 and was expanded by an additional 6,000 square feet in 2006. Wal-Mart is
the primary tenant of the center and is located on the eastern portion of the site. Parking for the
development site is shared, with a total of 1,324 parking spaces provided.
Exhibit A
3
Conditional Use Permit No. 2010-16
September 13, 2010
Page 2
Proiect Description
Arsenio's Restaurant has been at this location within the Riverview West Marketplace since 2003.
Its current operating hours for the restaurant and existing drive-through lane are from 5:00 a.m. to
12:00 a.m. In order to provide expanded service hours, the applicant is proposing to operate the
drive through window function for Arsenio's Restaurant 24 hours a day. No changes are proposed
to the interior or exterior of the building (Exhibits 3 and 4).
The restaurant currently conforms to the provisions of the North Harbor Specific Plan. In 1996, the
City Council approved Appeal No. 1996-01 of Conditional Use Permit No. 1995-09 and allowed a
restaurant pad with drive-through window service at this location.
Analysis of the Issues
In January 1994, the City Council adopted Ordinance No. NS-2213, requiring a conditional use
permit for eating establishments in certain commercial zones (C1, C4, C5 and CR) that are open
between the hours of 12:00 a.m. and 5:00 a.m. and are within 150 feet of any residentially zoned or
used property. Although the zoning for the site (North Harbor Specific Plan) requires a conditional
use permit for restaurants and for drive-through facilities, the document was silent on after hours
operations for restaurant uses. To address issues not covered in the Specific Plan and future zoning
code amendments, Section 8.3.2 was incorporated into the Specific Plan. This section states that
"The Santa Ana Municipal Code shall be used for all issues not addressed by the Specific Plan."
Since the conditional use permit requirement for after hours uses is not specifically listed in the
Specific Plan, Section 8.3.2 is applicable. Therefore, since the property is located in the General
Commercial Land Use District of the Plan, and a conditional use permit to operate a drive-through on
a 24-hour basis is needed in the City's commercial zoning districts, a conditional use permit to allow
Arsenio's Restaurant to operate after-hours is required. The indoor dining area will be closed for
after-hours use and is not part of the conditional use permit request.
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 development or operational conditions to
address any potential concerns to nearby residents.
Crime rate of the area - The restaurant is located within Reporting District No. 145, which
ranks 8t out of 102 Citywide Districts and is an area that is above average in police related
incidents. This ranking is based on the total number of calls for service in the reporting district
compared to all other reporting districts. The Police Department has reviewed the proposal
and has noted that this business has generated minimal service calls in the past. However,
conditions of approval are proposed that are intended to minimize impacts associated with an
after-hours use at this location.
Conditional Use Permit No. 2010-16
September 13, 2010
Page 3
2. Type of establishment (fast-food, sit-down drive-up window) - Arsenio's Restaurant is an
existing 2,600 square foot fast-food restaurant with drive-through window service. Indoor
seating for 55 patrons is provided as well as another 56 spaces within the outdoor dining
area. The drive-through service will operate 24-hours a day while the indoor seating area will
close by 12:00 a.m. The reduction of service to drive-through only during the late night hours
and the after-hours personnel for the restaurant will serve as a deterrent and reduce the
potential for criminal activity.
3. Surroundinq land uses - The site is surrounded primarily by commercial to the north, east and
west, with single-family and multi-family residential to the south. Several other fast-food and
casual dining restaurants exist in the immediate area, including Kentucky Fried Chicken,
Starbucks, Tortas Sinoloa and Dragon Bowl, and do not offer after-hours service.
McDonalds, located near the subject site, does operate its drive through window 24 hours a
day. The restaurant's location adjacent to two major arterial streets as well as the limited late
night dining opportunities in the area makes this an appropriate location for an after-hours
use.
4. Potential areas of concern - Staff has identified the area as a high activity area for prostitution
related offenses and noise impacts due to its close proximity to residences as two potential
areas of concern with the after-hours operation. The security conditions (increased lighting,
no loitering and restrictions on pay phones) requested by the Police Department will assist in
mitigating prostitution related offenses. Further, the Planning Division is requesting conditions
to mitigate noise related concerns. Although the speaker box is located on the north side of
the restaurant, and the building is separated from the residential uses by a six-foot high block
wall and carports, staff has added conditions of approval requiring the closure of the outdoor
dining area by 10:00 p.m. and the speaker box at 12:00 a.m.
The approval of after-hours operation at this site will support Policy 2.2 of the Land Use Element of
the General Plan, which encourages land uses that accommodate the City's needs for goods and
services by providing an after-hours dining option for motorists and residents of the area. Further,
staff has included several conditions of approval that will help minimize potentially negative impacts
on the adjacent properties. Finally, staff has added a provision that the conditional use permit be
reviewed at six months, one year and then annually to make any modifications necessary. Based on
the analysis of the project, the findings of fact, conditions of approval and compatibility of the
proposed use with the General Plan and applicable development standards, staff recommends that
the Planning Commission approve Conditional Use Permit No. 2010-16 as conditioned.
31 B-5
Conditional Use Permit No. 2010-16
September 13, 2010
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 permitting and licensing,
such as conditional use permits, for public and private structures. Categorical Exemption
Environmental Review No. 2010-75 will be filed for this project.
Vince Fregoso, I
Principal Planner
VF:jm
of/reports/cupl0-16 Arsenio's Restaurant.pc
31 B-6
Rt ii -----/ Al ?? ., a II I I I
1 'I f - R2 R2 R2 R2 R2 R2 / if II u ii I
.. _____?'.----'`-='1 SP -2 S? R2 R1•PRD ,? III U M1 l i_I j 1
--,1
yqp C2 I -.v SP-2 SR2 SP•2 c2 ll l?l
-- FIRST ST
C2 LC2 I7=il 11C?jr=SP-2 17 , `SP-2 nR2 2
SD-32 R2
. SD-49
Mt n i' ii iR N j , ___=??••? if^ ?!,?ri=--=,- pl II 1
II 1; 11 1/ ----,
I" I I
D + I I' II 1' 'fie SP- R °? ------' /c r/ I, Ir---- R II 11 I
11_1-__JI_J/e
5434 == y7? I Ir---M? _-?? 2 R2 R21' iiRlii i
I Rai 7?
1?flU1 'L----- -'? I----•"`
I
f rlr i i' til I? ii ii
-------'? R2 R2 i_R2/D
i?
R2 - r ,? r' '/ I' II I' II II
-------I I l"?I ?L=== _?_?? SP-2 IIIl` rf ?r !' II efll n 11 II
___ _Il_I1??'?? l
R2 R2 R2 R2 ---
i i_ iiS2 - - R1 Rt
R2 I---11---' Ir--r?r-_r-ter R2 i
1'-- II -- 1 II II II II II Pf1VHvV R2 1 R2
--
Al '-"--_J II II II ?I II R1
l? worts m.
-- ?? -- II_!I_ II 11 II ?I, Al
SP-2 ' -
R2 t55 5-?;??11__ ii - - - Al /y R1 Rl r2n
R2 i ?i 11 ii -=?1 R2 Rt R1 0 Lu ' I-
ii
Al I Al A+ R1 R1 a -
- -. " R1
AV R1
I R1 R1 "`"" ` I SP-2 -
11 SP-2 "\ I I SP-2 I 1
R1i,Ri R1 R1 I R1
R3
ii R1 R1 R1 Ri R1
R1 ? ' R1 Rt
"oecme S R1 odWr SP-2 R1 R1 S R1 Ry j Rl
oa \ x / Rl C4
Rt R1 R1 R1 / Rt
0 R1 /I R1
R1 R1 R1 R SP-2 SP-2 ^+ Rt
,.. Rt
r
.:,.) R1 RI IL R1 Al
Rt --II-- i _--u--,, -, R1
I? a 11 R1 R1 t
e
R1 0
to
R1
l 5
? i /
/ R1 R1 R1 R1 R1
Ciry of Fountain
vaaeY R1
i i R2R' C1
Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE FAMILY RESIDENTIAL
-B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO FAMILY RESIDENCE
C-SM COMMERCIAL SOUTH MAIN Ml LIGHT INDUSTRIAL R3 MULTIPLE FAMILY RESIDENCE
Cl COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS
C1-MD COMM. COMMERCIAUMUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE
C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT
C3 CENTRALBUSINESS P PROFESSIONAL SP SPECIFIC PLAN
C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT
C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT
C5 ARTERIAL COMMERCIAL
CUP 10-16
ARSENIO'S RESTAURANT
751 SOUTH HARBOR BOULEVARD - - = 500 FEET
1"= 1000 FEET
F L A N N I N G A N D B J T -L D I N G -7 -El E N C Y
VICINITY MAP
EXHIBIT 1
0% A m E7
%01 1 1-F 0
31 B-8
I N D U S T R I A L
S C H O O L
C O M M E R C I A L m i s c .
COMMERCIAL
MC FADDEN AVENUE
0
oC
W
J
e COMMERCIAL
m
v PROJECT SITE
w
SINGL FAMILY SINGLE FAMILY SINGLE AMILY SINGLE ILY
S. R S. R R S.
w w w W W W W y
m MULTI ¢ H a a a ¢ 'mow ¢ ¢
O J y J J N J
Q FAMILY C a Q Y i i W W c a O y
RESIDENTIAL w 3 w W W W
W J J J J V
H IL ? ? m ? ? ? ? 7
CUP 10-16
ARSENIO'S RESTAURANT
751 SOUTH HARBOR BOULEVARD
P L A N N I N G A N D B U I L D I N G A G E N C Y
LAND USE MAP
EXHIBIT 2
31 B-10
U')
o
_ J ?' yilKCf'.
A
It lI ;ritid
e lil,° I? 'I,, -
°7 ?PfS
SN3NNI1 °
S,VNNV FF
- - - H39ZIZ - F
N ?
N I
°
?/)0 J
el
W
OC
p of
UIIIIIIIIIIIIIIIIIII?LJ I
I
S014 ma
YOVwaW °i
K
5 °'
50 of
0
W ?.AdI 1 '(?I
1 °I V ' 14
u• fi
C
CI I
°I I
N
I
w
I
I
-
;?7 J e ? f, f 9 as ? :,
bi }'J 1 ? F.f F' s F j3 ? a , # J
3 i
Cz I
2 I
--'
7N'J
SNIW°NDIS'I? ? I
O-W _'P.:)
SJ4HOf VdYd
5 /
OY l
3
I I
11?L ?
? °WPaOA
I
F -sdn
I
°V Wod
I - O7/1H I
I G I i
0
3
i
i r
I J® ?
I
i
i iy I F ?! ?
I[ e -,
I?ai???flt ?
I n
:WSW".
1
al
I a
I
I
I>i??? l?SIE i 9 ,? 1; #+ N
i ?,.. ??il • h F, li ?
3
? .F
?,iili;
'11111 inn, i.
cup 10-16
EXHIBIT 3
31 B-12
n
s ?
?
g
?
a
?
g
Y
i ? N
?
Q ?
s
: z
Q
IL
+
$ _ w ? ? B P .
'?II '1'lilW'JW hDi`M NVIlTM / ?Y!1 pO
C ('? a pp
? y 3{ E$ { LL
up
'W III
1w III
ID
I f e
3 :??? o? ? ? I ?auww
; j
®o?
i
i
i
o,
?D'
mg 11111 d
16
n ® l %I
g e B ii x? its ?
g4g
10A as LL
CUP 10-16
EXHIBIT 4
31 B-14
ROH - 09/13/10
RESOLUTION NO. 2010-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010-16
AS CONDITIONED TO ALLOW AFTER HOURS OPERATION FOR
THE PROPERTY LOCATED AT 751 SOUTH HARBOR BOULEVARD
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 Conditional Use Permit No. 2010-16 to operate a
restaurant between the hours of 12:00 a.m. to 5:00 a.m. for the property located at
751 South Harbor Boulevard.
B. The North Harbor Specific Plan (SP-2) sections 3.5.1 and 8.3.2 require all permitted
uses within the district to comply with all applicable sections of the Santa Ana
Municipal Code. Santa Ana Municipal Code section 41-377.5(a) requires a
conditional use permit for any use in the C2 district that would require a conditional
use permit in the C1 district. Santa Ana Municipal Code section 41-365.5(f) requires
a conditional use permit for restaurants open between the hours of 12:00 a.m. and
5:00 a.m. and located within one-hundred and fifty (150) feet of residentially zoned
property.
C. On September 13, 2010, the Planning Commission held a duly noticed public hearing
on Conditional Use Permit No. 2010-16.
D. 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 Section 41-638, have been established:
1. Will the proposed use provide a service or facility which will contribute to the
general well being of the neighborhood or the 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 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?
Resolution No. 2010-16
Page 1 of 5
31 B-15
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 and
will provide an after-hours dining option for motorists. The Police
Department has added appropriate conditions to the project that will
prevent it from becoming an attractive nuisance in the future.
3. Will the proposed use adversely affect the present economic stability or future
economic development of properties surrounding the area?
The 22.5-acre site is currently being used as a retail center and
contains fast-food restaurants with drive-through service. 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 the North Harbor Specific Plan and 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 expansion of the existing use. Categorical
Exemption Environmental Review No. 2010-75 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting the public
hearing hereby approves Conditional Use Permit No. 2010-16 as conditioned in Exhibit A attached
hereto and incorporated as though fully set forth 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 September 13, 2010 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
Resolution No. 2010-16
Page 2 of 5
31 B-16
ADOPTED this 13th day of September. 2010 by the following vote:
AYES: Commissioners:
Acosta, Alderete, Betancourt,
Walters, Yrarrazaval (7)
None (0)
None (0)
None (0)
Gartner, Turner,
NOES: Commissioners
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
Eric Alderete
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the
attached Resolution No. 2010-16 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on September 13. 2010.
Date:
Secretary of the Planning Commission
City of Santa Ana
Resolution No. 2010-16
Page 3 of 5
31 B-17
Conditions for Approval of Conditional Use Permit No 2010-16
Should Conditional Use Permit No. 2010-16 be approved, the project shall comply 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. Planninq Division
The project shall remain in compliance with Site Plan Review (DP No. 10-23).
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 speaker box for the drive-through window service shall cease operation between
the hours of 12:00 a.m. and 5:00 a.m. The ordering of food service during the after-
hours operation shall be made from the pick-up window.
4. The outdoor dining area for the restaurant shall be closed by 10:00 p.m.
B. Police Department
1. Any graffiti painted or marked upon the premises or on any adjacent area under
control of the licensee(s) shall be removed or painted within 7-2 24 hours of being
applied (Amended by the Planning Commission on September 13, 2010).
2. Cash register must be visible from the street at all times and shall not be obstructed
at any time by temporary or permanent signage.
3. Window displays must be kept to a minimum for maximum visibility and shall not
exceed 25 percent of window coverage.
4. Window displays and racks must be kept to a maximum height of three feet including
merchandise.
5. A timed-access cash controller or drop safe must be installed.
Resolution No. 2010-16
Page 4 of 5
31 B-18
SEPTEMBER 13, 2010
PAGE 2 OF 2
6. Install a silent armed robbery alarm.
7. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under control of the licensee.
8. There shall be no public telephones located on the exterior of the
premises. All interior pay phones must be designed to allow outgoing
calls only.
9. The conditional use permit shall be reviewed at six months, at one year
and then annually thereafter by the Police Department for any modification
to the conditions of approval.
10. The existing restaurant and required parking within 60 feet of the building
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.
Light standards cannot be located in required landscape planters.
11. The petitioner(s) shall post a placard prohibiting loitering, pursuant to
California Penal Code Section 602, on the exterior of the premises.
12. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is
complied with at all times that the premise is in operation.
13. Amplified music may not be played outside.
14. No ambient music, noise or sound may be audible beyond 20 feet from
the exterior of the premises in any direction.
15. The south door(s) shall be kept closed at all times during the operation of
the premises except to permit deliveries. Deliveries may not be made
between the hours of 12:00 a.m. and 7:00 a.m.
16. The south door(s) shall not consist solely of a screen or ventilated security
door.
31 B-19
31 B-20