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Home My WebLink About2006-29RESOLUTION NO. 2006-29 KO- 11 /6/06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT N0.2006-18 AS CONDITIONED TO OPERATE BETWEEN THE HOURS OF 12:00 A.M. TO 5:00 A.M. FOR THE PROPERTY LOCATED AT 2791 NORTH MAIN 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 Conditional Use Permit No. 2006-18 to operate a restaurant between the hours of 10:00 a.m. to 2:00 a.m., seven days a week for the property located at 2791 North Main Street. B. The Specific Development No. 59 (SD-59) zoning designation requires a conditional use permit for restaurants open between the hours of 12:00 ® a.m. and 5:00 a.m. C. On November 13, 2006, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2006-18. 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 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 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. 2006-29 Page 1 of 6 The proposed after hour license at McCormick and • Schmick's Seafood Restaurant 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 existing sit-down eating establishments. Additionally, the residential component of the development is separated from the eating establishment by the surface parking lot. 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 commercial multi-tenant development that is suitable for the proposed use. The additional hours of operation for McCormick and Schmick's Seafood Restaurant will 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 subject site is located in a commercial area near the Main Place Mall and helps 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 designation which emphasizes the area as a major commercial corridor for the City. E. In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 2004-01. Section 2. The Planning Commission of the City of Santa Ana after conducting • the public hearing hereby approves Conditional Use Permit No. 2006-18 as conditioned Resolution No. 2006-29 Page 2 of 6 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 November 13, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of November, 2006 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Benavides, Lutz (2) ABSTENTIONS: Commissioners: None (0) d r,~ ~ ~ ~ ~~ ~ ~~ /. ~ Christo er Leo Chairman • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney n By: ~: -~~ ; ~ . Kylee O. o Assistant ty Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2006-29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 13, 2006. Date: _ '~ ~V S etary of the tannin mmission City of Santa Ana r: Resolution No. 2006-29 Page 3 of 6 • Conditions for Approval of Conditional Use Permit No. 2006-18 Conditional Use Permit No. 2006-18 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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. 06- 35). 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 2:00 a.m., seven days a week. B. Police Department 1. The existing suite must conform with the provisions of Chapter 8, Article II, and 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 • shall not exceed 25 percent of window coverage. Resolution No. 2006-29 Page 4 of 6 5. Windows shall be kept clear of any advertising materials between three • and six feet in height. 6. 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. 7. Atimed-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. 8. Install a silent armed robbery alarm. 9. There shall be no coin-operated games maintained on the premises at any time. 10. All pay telephones shall be located inside the premises and restricted to outgoing calls only. 11. The petitioner(s) shall be responsible for maintaining the premises free of litter. 12. 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. 13. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. Resolution No. 2006-29 Page 5 of 6 • 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 2nd, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2006-029 for Conditional Use Permit No. 2006-18 in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Susan Thompson McCormick & Schmick's 720 SW Washington Street, Suite 550 Portland, OR 97205 [ ] 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 November 28, 2006 at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2006-29 Page 6 of 6