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KO- 6/26/07
RESOLUTION NO. 2007-30
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2007-09 AS CONDITIONED TO ALLOW
THE AFTER HOURS OPERATION OF THE RESTAURANT
LOCATED AT 2800 NORTH MAIN STREET, SUITE 868
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. 2007-09 to
allow the after hours operation of the restaurant located at 2800 North
Main Street, Suite 868.
B. Conditional Use Permit No. 2007-09 came before the Planning
• Commission of the City of Santa Ana for a duly noticed public hearing on
June 25, 2007.
C. Pursuant to Santa Ana Municipal Code Section 41-365.5 properties within
the C1 district allows, with a conditional use permit, 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, measured from property line to property line."
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 license 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
• Resolution No. 2007-30
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• 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 after hour license at EI Torito will not be
detrimental to persons residing or working in the area
because the use, as conditioned, will not create any negative
or adverse impacts. The extended hours will be in
conjunction with the sit-down eating establishment that will
be completely enclosed. Additionally, the adjoining
residential developments are separated from the eating
establishment by a surface parking lot and an arterial street.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project site is a large regional mall that is suitable for the
proposed use. The additional hours of operation for EI Torito
should increase the patronage to the restaurant, thereby
• enhancing the profitability of the business and identifying the
use and site as economically stable and viable for the
surrounding properties in the area. The use will help to
further emphasize North Main Street as a commercial
district.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions 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 needs 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 District Center (DC) general plan land use
• Resolution No. 2007-30
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• designation which emphasizes the area as a major
commercial corridor for the City.
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. 2007-9 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2007-09, as conditioned in Exhibit "A" attached
hereto and incorporated herein, to allow the after hours operation of the restaurant
located at 2800 North Main Street, Suite 868. 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 June 25, 2007 and exhibits attached thereto; and
the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 25th day of June, 2007 by the following vote:
• AYES: Commissioners: Alderete, Betancourt, Leo, Mill (4)
NOES: Commissioners: None (0)
ABSENT: Commissioners: De La Torre, Munoz (2)
ABSTENTIONS: Commissioners: Gartner (1)
c f
Christo er Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee Otto
Assistant Ci Attorney
• Resolution No. 2007-30
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•
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2007-30 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 25, 2007.
Date: ~ /~ _ y
Planning Commission Sec
City of Santa Ana
• Resolution No. 2007-30
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• Conditions for Approval for Conditional Use Permit No. 2007-09
Conditional Use Permit No. 2007-09 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 rip or 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. 07-
4).
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 hours of operation for the facility shall not extend past 1:00 a.m.,
seven days a week.
B. Police Department
1. The premises shall be maintained as a bona fide eating establishment and
shall provide a menu containing an assortment of foods normally offered
in restaurants.
2. The applicant(s) shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
3. 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.
4. The petitioner(s) shall be responsible for maintaining the premises free of
graffiti. All graffiti must be removed within 24 hours of occurrence.
• Resolution No. 2007-30
Exhibit A Page 5 of 7
• 5. There shall be no pool tables, coin-operated games, or video machines
maintained upon the premises at any time.
6. There shall be no live entertainment, amplified music or dancing permitted
on the premises at any time.
7. Noise/music shall not be audible beyond 20 feet from the exterior of the
premises in any direction.
8. Existing restaurant and required parking within 60 feet 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.
9. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage.
10. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
• 11. Atimed-access cash controller or drop safe must be installed.
12. Interior displays and racks must be kept to a maximum of five feet
including merchandise.
13. Install a silent armed robbery alarm.
14. 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.
• Resolution No. 2007-30
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C
PROOF OF SERVICE
(C.C.P. SECTION 1013(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
2"d Santa Ana, California 92702.
served the foregoing document described as: Resolution No. 2007-30
(Conditional Use Permit No. 2007-09) in this action by placing a true copy thereof
enclosed in sealed envelopes addressed as follows:
Art Rodriguez & Associates
709 East Colorado Boulevard, #200
Pasadena, CA 91101
Deepa Patel
MainPlace Shoppingtown, LLC
2800 North Main Street, Suite 775
Santa Ana, CA 92705
Sofia Gonzales
Real Mex Restaurants
5660 Katella Avenue, Suite 100
Cypress, CA 90630
[ ] 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 facsimile 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 July 10, 2007 at Santa Ana, California.
MAR A RAMIREZ
• Resolution No. 2007-30
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