Loading...
HomeMy WebLinkAbout2001-09• RESOLUTION NO. 2001-09 Kdo/4/13/02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 00-152 AND MODIFYING THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 88-19 FOR THE PROPERTY LOCATED AT 305 EAST FOURTH STREET, SUITE 104 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. The Negative Declaration for Environmental Review No. 00-152 and Conditional Use Permit No. 88-19, modification of the conditions, came • before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on April 9, 2001. B. On July 25, 1988, Conditional Use Permit No. 88-19 was granted approval with conditions. Within the last year, an increase in police related calls to the establishment has prompted the Police Department to request modification to the conditions of approval for this establishment. C. 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 that will contribute to the general well being of the neighborhood or the community? The arcade use with appropriate conditions of operation provides a recreation amenity in an orderly manner thereby reducing the criminal activity within the area for the downtown. 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. 2001-09 Page 1 of 4 • The addition of security related conditions to the arcade would enhance the safety of their employees, customers, and the surrounding neighborhood. The additional conditions will continue to allow the arcade use to operate in a safer manner. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The revised conditions will help to secure the site from criminal activity and behavior thereby, enhancing the safety of the employees, customers, and neighborhood; and allowing further patronage of the arcade and the surrounding commercial uses. The addition of safety related conditions would help to alleviate a presence of illegal activity. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The arcade as newly conditioned will continue to comply with the previous conditions of approval. The added conditions will help to curb the criminal activity and behavior present at • the site. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The arcade use, with the added conditions of approval, will continue to be consistent with the General Plan land use designation of District Center. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there • is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The Resolution No. 2001-09 Page 2 of 4 • proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. After conducting the public hearing, the Planning Commission hereby approves and adopts the Negative Declaration for Environmental Review No. 00-152. Section 4. Based upon the complete record presented to it, including all public testimony and environmental information, and in the exercise of its sound discretion, the Planning Commission hereby approves Conditional Use Permit No. 88-19 as conditioned in Exhibit "A" attached hereto and incorporated herein ADOPTED this 9th day of April, 2001. Glenn Mondo Chairperson • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kyle dette De u City Attorney AYES: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, Richardson, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: ABSTENTIONS: Commissioners: None (0) None (0) Resolution No. 2001-09 Page 3 of 4 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2001-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 9, 2001. Date: Z U Wing C fission S Ci of Sa Ana Resolution No. 2001-09 Page 4 of 4 • Conditions for Approval for Conditional Use Permit No. 88-19 Conditional Use Permit No. 88-19 is approved subject to compliance to the reasonable satisfaction of the Planning Manager, with 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 revocation of the conditional use permit. A. Planning Division 1. The applicant shall not request a liquor license for this use. B. Police Department 1. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. • (Modified by the Planning Commission on April 9, 2001). 2. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage to allow patrol unobstructed visibility to the rear of the arcade from the street. The existing tinting on the exterior windows must be removed. (Modified by the Planning Commission on April 9, 2001). 3. Window displays, games, and racks must be kept to a maximum height of three feet in the front window. (Modified by the Planning Commission on April 9, 2001). 4. No pay telephones shall be located inside the Arcade or immediately adjacent to the exterior of the arcade. (Modified by the Planning Commission on April 9, 2001). 5. The Conditional Use Permit shall be reviewed at 90 days, six months, at one year, and then annually thereafter by the Police Department for any modification to the conditions of approval. (Modified by the Planning Commission on April 9, 2001). 6. The business hours of the arcade are to be restricted to coincide with other businesses in the immediate area. Those hours are to be restricted • Exhibit "A" • to no later than curfew seven days a week. (Modified by the Planning Commission on April 9, 2001). 7. The exterior of the suite shall be illuminated to a minimum maintained one foot-candle of light. (Modified by the Planning Commission on April 9, 2001). 8. A state licensed uniformed security officer must be on site between the hours of 3:00 p.m. until closing Sunday through Thursday and 12:00 noon until closing Friday and Saturday. The Chief of Police, or his designate shall first approve every security guard employed by the Arcade owner. If there is marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase my be determined by the Chief of Police, the applicant(s) shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. (Modified by the Planning Commission on April 9, 2001). 9. The rear restroom must be kept locked at all times. The onsite security guard or attendant must be equipped with the key for the restroom and ensure that it is locked at all times. (Modified by the Planning Commission on April 9, 2001). 10. The applicant shall post a sign prohibiting loitering on the premises pursuant to California Penal code section 602(j). A Police Department 602 waiver must be submitted to the Police Department and must be kept current. It is the applicant(s) responsibility to monitor the area under their control in an effort to prevent the loitering of person about the premises. (Modified by the Planning Commission on April 9, 2001). 11. The noise generated from the Arcade cannot exceed the levels specified in Santa Ana Municipal Code Section 18-312. (Modified by the Planning Commission on April 9, 2001). 12. At no time, shall there be an event at which any type of admission fee, donation, or cover charge is collected to enter the premises. (Modified by the Planning Commission on April 9, 2001). 13. Any background music or noise shall not be audible beyond 20 feet from the exterior of the Arcade in any direction. (Modified by the Planning Commission on April 9, 2001). 14. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the owner of the arcade. (Modified by the Planning Commission on April 9, 2001). • EXHIBIT "A"