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HomeMy WebLinkAbout31A - CUP - 1002 E 17TH STREQUEST FOR COUNCIL ACTION D]W911011111,111 15011111111111 Jj14:111 k1lel 07-, 194 JUNE 7, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -13 TO ALLOW A BANQUET FACILITY AND VARIANCE NO. 2016 -03 FOR A REDUCTION IN REQUIRED PARKING FOR CENTRO CULTURAL BANQUET HALL LOCATED AT 1002 EAST SEVENTEENTH STREET, UNIT M - RAUL BALDERRAMA, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MANAGER/ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ET-1-011071ERW ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report denying Conditional Use Permit No. 2016 -13 and Variance No. 2016 -03. PLANNING COMMISSION ACTION At its regular meeting on May 9, 2016, by a vote of 5:0 (McLoughlin and Verino absent), the Planning Commission adopted a resolution denying Conditional Use Permit (CUP) No. 2016 -13 to allow a banquet facility and Variance No. 2016 -03 for a reduction in required parking at Centro Cultural Banquet Hall located at 1002 East Seventeenth Street, Unit M in the Community Commercial (C -1) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Centro Cultural Banquet Hall occupies a 5,699- square foot tenant suite without the required permits on a 3.77 -acre shopping center at the southwest corner of Lincoln Avenue and Seventeenth Street. Two commercial buildings, one of which contains a Hometown Buffet restaurant, are located on the site. The other, larger commercial building contains a mix of restaurant, service, office, and laundry uses, as well as the subject banquet facility, currently operating without permits. The entire site contains 231 parking spaces. The subject facility has been operating without the necessary life safety equipment, permits, and land use entitlements since at least 2011. The tenant and property owner were first notified in 2011 that banquet facilities require approval of a CUP. Following this notification, the tenant and property owner were cited with a notice of violation, which required application for a CUP, a City business 31A-1 CUP No. 2016 -13 & VA No. 2016 -03 — Centro Cultural Banquet Hail -1002 East Seventeenth Street, Unit M May 17, 2016 Page 2 license, a certificate of occupancy, and plan check for the equipment that was installed without permits, After the operator and property owner failed to comply with the City's enforcement efforts, the matter was prosecuted by the City Attorney's Office. Although scheduled for hearing, the court continued the case at the applicants request. However, because of the numerous building code, site, and parking Issues, staff recommended denial of the CUP and variance applications. On May g, 2016 the Planning Commission, after conducting the public hearing, denied Conditional Use Permit No. 2016 -13 and Variance No. 2016 -03 for the subject project, The decision followed evidence submitted at the hearing by staff and extensive input from members of the public who attended and provided testimony describing the impacts of the operations on the single - family neighborhood that surrounds the project site. Full-sized site plans are available for public viewing In the Clerk of the Council Office, STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Objective #2 (create new opportunities for business /job growth development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. �an !/� Y Hass Hag anI Y CP Executive Director Planning & Building Agency AP :rb spVaportNtaff Reports for CCtCUP1 s�18 V,A104 Centro Cultural Sanqutit.co Exhibit: A. Planning Commission Staff Report 31A-2 Economic Development, and encourage private REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 9, 2016 TITLE: PUBLIC HEARING — FILED BY RAUL BALDERRAMA FOR CONDITIONAL USE PERMIT NO. 2016-13 TO ALLOW A BANQUET FACILITY AND VARIANCE NO, 2016 -03 FOR A REDUCTION IN REQUIRED PARKING FOR CENTRO CULTURAL BANQUET HALL LOCATED AT 1002 EAST SEVENTEENTH STREET, UNIT M (STRATEGIC PLAN NO. 3, 2) Prepared by Ali Pezeshkpour �E ecuti Director ������ PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO RECOMMENDED ACTIONS 1. Adopt a resolution denying Conditional Use Permit No. 2016 -13. 2. Adopt a resolution denying Variance No. 2016 -03 Request of Applicant Planning Manage Raul Balderrama, representing Centro Cultural Banquet Hall, is requesting approval of a conditional use permit (CUP) to allow a banquet facility at 1002 East Seventeenth Street, Unit M. Banquet facilities in the Community Commercial (C -1) zoning district require approval of a CUP pursuant to Section 41- 385,5(j) of the Santa Ana Municipal Code (SAMC). In addition, the applicant is requesting approval of a variance from SAMC Section 41 -1359 to allow a reduction in the number of required parking spaces for the banquet facility. Proiect Location and Site Descriptlon Centro Cultural Banquet Hall occupies a 5,899 - square foot tenant suite without the required permits on a 3.77 -acre shopping center at the southwest corner of Lincoln Avenue and Seventeenth Street. Two commercial buildings, one of which contains a Hometown Buffet restaurant, are located on the site. The other, larger commercial building contains a mix of restaurant, service, office, and laundry uses, as well as the subject banquet facility, currently operating without permits. The entire site contains 231 parking spaces. Surrounding land uses include single - family residences and a multiple - family residence to the west, residential and commercial to the north across Seventeenth Street, commercial uses to the east across Lincoln Avenue, and single - family residences to the south across Dorman Street (Exhibits 1, 2 and 3). The General Plan land use designation for the site is General Commercial (GC), which allows for commercial and office uses. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City. They provide accessible commercial EXHIBIT A 31A-3 CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 2 development along the City's arterials as well as provide supportt facilities and services, including offices, restaurants and various other services. The project is consistent with this General Plan land use designation. The site is located within the Community Commercial (C -1) zoning district. The C -1 zoning district allows for commercial and service uses such as banquet facilities, making the proposed use consistent with the zoning designation. Protect DescrilDtion The applicant is requesting approval of a CUP and a variance to allow a banquet facility to legally operate at the subject property. Pursuant to Section 41 -199.1 of the SAMC, banquet facilities require installation of kitchen facility equipment, including an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter /service facilities. Moreover, the SAMC requires compliance with California Building Code standards, security guards, and adequate exterior lighting. If the discretionary applications are approved, the applicant will need to apply for all required permits to legalize the aforementioned equipment that was installed without the benefit of such permits. Moreover, because the applicant installed the equipment without permits, the applicant will be required to submit detailed plans for plan check to verify conformance to the latest requirements of the California Building Code. This plan check will ensure the structure and public's safety in the event of an incident at the facility. Finally, the applicant will need to submit detailed security plans to provide adequate exterior lighting and security guards at the site, which the site currently lacks. Because the site does not meet the City's current off - street parking standards, the project also requires approval of a variance application for a reduction in required parking for banquet facilities. The integrated development site, including the Hometown Buffet restaurant building, contains 231 parking spaces. Based on the City's off - street parking requirements, 278 parking spaces are required for the existing mix of tenants. Approval of the banquet facility would increase the required parking spaces for the entire center to 491 spaces, which the site is not able to provide. As a result, approval of a variance application is required to allow a 47- percent reduction in required off - street parking, which will continue the negative impacts to the surrounding residential community and to other tenants at the integrated development site. The proposed hours of operation are 4:00 p.m. to 12:00 a.m. (midnight), seven days per week. The operator proposes to utilize the banquet facility for a variety of private events, including family gatherings, weddings, private parties, and reunions. No alcohol sales are proposed at this time. 31A-4 CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 3 The integrated development site was originally developed in 1955 with a freestanding building that contains the Hometown Buffet restaurant. In 1986, the site was further developed with the multi -unit commercial building that contains the subject banquet facility. The center contains a variety of commercial business types, including three eating establishments, office, retail, and service uses, a laundry facility, a fitness studio and a vacant tenant space. Following expansion of the site in 1986 to include the multi -unit commercial building and additional parking spaces, the tenant mix and changes to the City's off - street parking standards resulted in the site becoming legal nonconforming in meeting the number of required off - street parking spaces. Pursuant to the City's nonconforming codes, new tenants that replace existing tenants may do so without the need for approval of a variance if the new tenants' parking requirements are below or match the existing tenants' parking requirements. Because banquet facilities require more parking than what was required by the previous tenant in Unit M, approval of a variance application to allow a 47- percent parking reduction in tandem with the CUP application is required. The subject facility has been operating without the necessary life safety equipment, permits, and land use entitlements since at least 2011. The tenant and property owner were first notified in 2011 that banquet facilities require approval of a CUP. Following this notification, the tenant and property owner were cited with a notice of violation, which required application for a CUP, a City business license, a certificate of occupancy, and plan check for the equipment that was installed without permits, After the operator and property owner failed to comply with the City's enforcement efforts, the matter was prosecuted by the City Attorney's Office. After a hearing, a judge reviewing the matter provided the applicant time to apply for the required entitlements to attempt to legalize the land use. However, because of the numerous building code, site, and parking issues, staff recommends denial of the CUP and variance applications. In August 2015, the applicant submitted plans to the City for review by the Development Review Committee. Analysis at the time indicated a lack of required parking, the inability to pursue a shared parking strategy, and the lack of conformance to the California Building Code. As a result, Site Plan Review was denied. The applicant elected to proceed with the current CUP and variance applications in March 2016. Project Analysis Approval of the subject CUP and variance applications would enable the applicant to pursue applications for a City business license, certificate of occupancy, and permits and plan check. However, using the required findings of fact contained within the RAMC, staff has prepared the following analysis to recommend that the Planning Commission adopt respective resolutions denying the proposed project. 31A-5 CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 4 The surrounding community has been experiencing the negative impacts of the banquet hall, which has operated without permits since at least 2011. These impacts, including life safety concerns, noise, insufficient parking, economic impacts, and congestion, are detailed in the following subsections. If the CUP and variance applications are approved, these negative impacts at the project site and in the surrounding community will continue. CUP No. 2016 -13 (Banquet Facility Use Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community; that the proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; that the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area; that the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use; and that the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. Because all of these findings cannot be made for the subject application, staff recommends denial of the CUP application, Staff is unable to make all the necessary findings to support the banquet facility due to adverse impacts to the adjacent single - family neighborhood, the significant building upgrades that are necessary to permit the facility to address noncompliance with health and safety codes, and insufficient parking. Location of the Proposed Facilit The banquet facility is located in a multi -unit shopping center that is located in close proximity to a residential neighborhood. High- impact land uses such as banquet halls generate a multitude of negative impacts to the surrounding community, including noise, traffic, and parking impacts when located in areas with insufficient parking, perimeter walls, and setbacks. The site on which the facility is proposed was developed with a commercial building built with a five - foot setback from the adjacent residences. A five -foot setback between the commercial building and adjacent residences is insufficient to provide an adequate buffer between a high - impact land use such as a banquet hall and sensitive land uses such as single - family homes, especially in the event of an emergency at the site. Moreover, the perimeter block wall separating the commercial building from the residences is less than five feet in height. This low wall cannot adequately block the noise generated by the banquet hall and does not afford the surrounding single - family homes adequate privacy when individuals congregate outside the building near the homes. 31A-6 CUP No. 2016 -13 Variance No. 2016 -03 May J, 2016 Page 5 Finally, banquet halls generate large groups of patrons who congregate before and after events. Because of the site's design and the location of the banquet facility, groups that congregate before and after events generate additional negative impacts to the surrounding community. These impacts often include trash and dumping; noise, and loitering during late hours after banquet events. Because the site is insufficiently parked, these impacts occur both at the project site and on surrounding streets in residential areas. Building Code and Life Safes Issues Significant upgrades are required to the site and subject tenant space, Unit M, to accommodate the proposed banquet facility. To implement these upgrades, the project will require substantial investments in fire and life safety equipment such as alarms and the existing sprinklers, additional fire -rated wall separations between units, and possibly new emergency exits to meet the latest requirements of the California Building Code. The changes to the building will require significant investment resulting in major alterations to the building. In addition, a new grease interceptor will need to be installed to prevent fats, oils, and grease from entering the City's sewer system. Depending on the occupant load and capacity of the fire sprinklers, the subject location could require additional emergency exits that would allow evacuation to the rear of the property adjacent to single- family neighborhood. Moreover, the installation of necessary alarms would exacerbate noise impacts to the surrounding community in the event of an emergency or mass evacuation. These building - related improvements will degrade the quality of life for residents in the area if the banquet facility were to operate even with the required permits. Variance No. 2016 -03 (Parking) Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings; that the granting of the variance is necessary for the preservation and enjoyment of substantial property rights; that the granting of the variance will not be detrimental to the public or surrounding property; and that the granting of the variance will not adversely affect the General Plan. Because all of these findings cannot be made for the subject application, staff recommends denial of the variance application. The integrated development site at which the banquet facility currently operates contains 231 parking spaces. Pursuant to the off - street parking standards in the SAMC, the site is already deficient by 57 parking spaces given the current tenant mix at the center, which includes three restaurants and a mixture of office, service, and retail tenants. Although one of the tenant suites currently contains a tax preparation service that is seasonal in nature, the parking requirements are equal to those of a year -round service /retail use in case another service /retail business were to occupy the tenant suite in the future. If the banquet facility CUP were approved at the subject site, 491 parking spaces would be required to meet the demands of the existing tenants and the banquet facility, resulting in a parking deficiency of 260Syrl5ing� paces CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 6 The City, in tandem with efforts by the Orange County Transportation Authority (OCTA) and the LOSSAN railroad corridor, has plans to construct a grade separation at Seventeenth Street, Lincoln Avenue, and the LOSSAN tracks. Construction of the separation will result in significant Impacts to the center, with the loss of approximately 18 additional parking spaces. This loss will further exacerbate the off- street parking requirement deficiency at the center; introduction of a high - impact land use such as a banquet facility at the center will result in additional impacts to surrounding street parking and residential communities as patrons of the center seek parking off the project site. On -Site Parkina Deficienc As part of the applicant's request, staff conducted an analysis of the existing tenant mix and parking scenario to determine if a shared parking approach is possible for the site. Banquet facilities hold the majority of events during evening hours, which are also the peak times for eating establishments. The site currently contains three eating establishments; Super Antojitos Express (Unit A), Cholulas Restaurant (Unit F), and Hometown Buffet. If only these three tenants and the proposed banquet facility remained open at night, and all other tenants ceased business activity in the evening hours, the center would require 361 parking spaces to satisfy the off - street parking demands generated by these tenants. Because the 361 parking spaces required to satisfy their demands exceeds the existing 231 parking spaces currently provided on the site, a shared parking approach is not feasible at this location. Moreover, the loss of approximately 18 parking spaces in the future will reduce this figure to 213, further exacerbating the inability to share parking among tenants during evening hours. Approval of the variance application will negatively affect the multi - tenant center. The tenants, already facing insufficient parking for employees and patrons, will be unable to provide enough parking to clients during daytime and evening hours. This will result in difficulty leasing spaces to other potential tenants, leading to increased vacancy at the site and to increased blight. Finally, impacted parking at the center will result in negative impacts to the ability of emergency responders to quickly and safety service incidents at the center. Negative Impacts to the Surrounding Community The insufficient parking provided on the site continues to negatively impact the surrounding community. Due to a lack of parking availability at the site, patrons of restaurants and /or the banquet facility seek other parking options on local streets and in residential neighborhoods. Patrons of all businesses at the center who park in the surrounding community are constricting the supply of street parking for the local residents, resulting in reduced quality of life for the residents in the surrounding neighborhood. These impacts will continue if the variance and CUP applications are approved. 31A-8 CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 7 The congestion generated by patrons parking in the surrounding community poses safety hazards to motorists, cyclists, and pedestrians using those streets. Congestion creates an unsafe environment for cyclists and pedestrians who are negatively impacted by excessive vehicular traffic and street parking on residential streets that are not designed to accommodate high - impact land uses such as banquet facilities. Moreover, patrons returning to vehicles after banquet events during late hours generate noise that degrades the quality of life for residents in the area. Finally, the Impacted on- street parking negatively impacts the abilities of emergency responders to quickly and safely service the area. Emergency vehicles will not be able to locate sufficient parking areas to respond to incidents in the residential community adjacent to the project site. General Plan Impacts As a result of the project site's location and the insufficient parking provided on the site, the proposed use will adversely affect the General Plan. Land Use Element Policy 2.5 supports balancing economic and fiscal benefits of commercial development with impacts on the quality of life in the City. The proposed use will negatively impact the surrounding community by creating detrimental parking impacts and congestion. Because no additional parking options are available on site, the project does not support Policy 2.10, which supports new development that is harmonious in scale and character with existing development in the area. In addition, the proposed applications do not support numerous policies in Goal 5 of the Land Use Element, to ensure that the impacts of development are mitigated. These include Policy 5.2, to protect the community from incompatible land uses; Policy 5.5, to encourage development that is compatible with surrounding land uses; and Policy 5.7, to anticipate that the intensity of new development does not exceed available infrastructure capacity. Public Notification Staff has been in communication with residents of the surrounding residential community and other tenants at the center since the project was first submitted to the City for review in August 2015. These individuals have expressed concern about the current operations of the banquet facility and the potential for the project to seek the required land use entitlements and permits to operate. These individuals also provided details about the negative impacts generated by the high - impact land use; these details are included in the preceding Project Analysis section. The project is not located within the boundaries of an established Neighborhood Association. However, staff contacted the presidents of the nearby Fairhaven, Park Santiago, and Grand Sunrise neighborhood associations to ensure that they were notified of this project and to identify any areas of concern with the project. The presidents did not identify any areas of concern with staff's negative recommendation. One of the individuals contacted by staff expressed his support for staff's negative recommendation, citing the deleterious impacts of the banquet facility's operations to neighbors in the vicinity. 31A-9 CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 8 The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received. e In accordance with the California Environmental Quality Act the recommended action is not subject to CEQA as staff is recommending denial of both the CUP and variance applications. If the project is denied, no further CEQA analysis will be required. 5trateaic Plan Alignment Denial of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Staff recommends denial of both the CUP and variance applications to encourage a healthy tenant mix at the project site that is supported by sufficient amounts of off - street parking. Approval of the project will be detrimental to the economic health of the center and discourages additional private investments in other tenant suites at the site due to the impacts of insufficient off - street parking. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission deny Conditional Use Permit No. 2016 -13 and Variance No. 2016 -03. �r Ali Pezeshkpour, AICP Senior Planner AP:jm aplreporis \Staff Reports for PC \CUP16 -13 VA16 -3 Centro Cultural 6anquet.pe Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit A — Site Plan Exhibit 5 — Floor Plan 31A -10 HD r2r al 1 ' O Rz i Rl RI '� al CS Rl Rz + Rl 9 Rl RI Rl Rl c 2 tens der Rl Rl : t. 82 'PA Ri Al I x, 81 R O L4 R2 z R2 dii R1 RI.fl ,mzn. _ Hs RI C4 Y 50-73 \ F CS Clce .... s L�.... 4 "� Ili Ilil Rd 93 ae"n1 •° R1 E RI r ft1 a Ci giv n s'n w m ❑u nz Nt C2 a `I CDD �Q PRQJE R1 Rl 5 Mt YY`�4v. /sSq Rl °� I sP m sj w nt n 0 ; AAi �T,y 2 nr_;s. CS P M2 £ I cz m nt q` ° R1 f „5 a Si,.3 s?I u .� _ M1 m fiR�Fh R1 a U a Sp-3 .'.« M2 R2 0 SP-3 I , V. 6e fl2�x nMa hii D Pi li� 1 B SF 3 sp ❑fieew \ \��mP) n G 'a 0 O \. \ f Al GENERALAGRCULTIRALt CR COMMEROALPSUWTAL RI 9NCIEFAMILYFSGWRAL -B H\RMGM0DRCAi1ON GC. GOVBNMWFCW1Bi R2 MOFAMILYRODWCE Goat ODMMER3ALS1UIH MAIN Mi UC3iTINDUSRdAL W MULTIPLUENSlYMULTR.E 01 COMMUNROOMMMIAL M2 HEAWINOUSRtAL FAMILYFODWCE GI�MD CCMM. COMMOOAUMU',.i.UM O"M MO MIUTARYOPEPATONS Rt WW484NAFARTMWM C2 ( ERALCOMM90AL O OFEN S'ACE 1S RSDWTALE WS C3. CENMLDLSNEM A R�OFMSONAL. GD MRCDEVIOWWr alA CNiRALGU9NMARREFMLWGE FIX} RANNEDOOMMUN17YOWaDWENT S' M90RAN CA RANNEDEHORRNGCENTER Rai RANNEDR'.BDaML DEVFIORMENT 05 ARIEIALOOMME CAL CUP 2016 -13 &VA 2016 -3 4, CENTRO CULTURAL BANQUET HALL 1002 EAST SEVENTEENTH STREET, UNIT M - _ =500 F9T r = I ODa FEEL P L A N N I N G A N D G U I L D I N G A G E N C Y w'Er4, CUP 2016 -13 &VA 2015 -3 CENTRO CULTURAL BANQUET HALL 1002 EAST SEVENTEENTH STREET, UNIT M w' 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 31A -12 CUP 2016 -13 & VA 2016 -3 CENTRO CULTURAL BANQUET HALL 1002 EAST SEVENTEENTH STREET, UNIT M SITE PHOTO A Tf3 L-2v= ---------- ----J 19AXIS HI L I I — . al 11J Et �-FTI fito V, Goa: - la o RAI f�] Gli-�IILIAII-j J-01J. I I I I I i I 1 11 1111 Isa-dis NVMOG N Ra�� -,M�V g HAI H. o �l nm M _ �94(F MJ'VM Va%Y9 Ogm�r..n AAJWBfIE "'°,,• •Q - VINVNNBQ'1VII7�1]Y2[ OE ° NOIS.9N i --7 ° P�IIOed c 3 J ..� Y �.-�'" � Q €� j it g4 F x�� UP; � r sKi iH o .._....! 0 aaa in; 7 d y 5 v C �y UL - 3I ACV N�Ii�T 5 OD -D-', \�l a w I LS 5.9.16 RESOLUTION NO.2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2016 -13 TO ALLOW A BANQUET FACILITY AND DENYING VARIANCE NO. 2016 -03 TO ALLOW A REDUCTION IN REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1002 EAST SEVENTEENTH STREET, UNIT M 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. 2016 -13 to allow a banquet facility in the Community Commercial (C -1) zoning district pursuant to Section 41 -365.5 (j) of the Santa Ana Municipal Code (SAMC) at the property located at 1002 East Seventeenth Street, Unit M. B. Applicant is also requesting approval of Variance No. 2016 -03 to allow a reduction in required parking pursuant to SAMC Section 41 -1359 for a banquet facility proposed at the property located at 1002 East Seventeenth Street, Unit M. C. On April 25, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -13 and Variance No. 2016- 03. At the hearing, following a request by the property owner, the Planning Commission voted to continue the item to the May 9, 2016 regular meeting. D. On May 9, 2016, the Planning Commission held duly noticed public hearing on Conditional Use Permit No. 2016 -13 and Variance No. 2016- 03. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to deny this Conditional Use Permit (CUP) pursuant to Santa Ana Municipal Code Section 41 -365.5 Q), have been established for Conditional Use Permit No. 2016 -13 for the proposed banquet facility: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. Resolution No. 2016 -xx 31A-16 Page 1 of 7 The proposed banquet facility will not provide a service to the community. The commercial center in which the facility is proposed is insufficiently designed to accommodate a high - impact use such as a banquet facility. The low perimeter block wall that separates the commercial building from the adjacent residential land uses is insufficient to mitigate the Impacts from noise and congregation activities generated by a banquet facility. Moreover, the minimal setback between the commercial building and the adjacent residential land uses does not provide an adequate buffer between a high - impact land use such as a banquet facility and sensitive land uses such as the single- family residences that surround the project site. In addition, substantial upgrades required to the building for the banquet facility, including additional emergency exits near sensitive land uses and emergency alarms, will negatively impact the well -being of the neighborhood in which it is proposed. 2. That the proposed use will not, 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 banquet facility will be detrimental to persons residing or working in the vicinity because the banquet facility's location and off - street parking requirements contribute to negative impacts to the health, safety, and general welfare of persons in the vicinity. The constricted parking supplies on the project site result in negative impacts to the surrounding community that will pose risks to motorists, cyclists, pedestrians, and emergency response vehicles in the neighborhood. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will adversely affect the economic stability of the area because it reduces the viability of the site to accommodate other businesses and their parking requirements. The construction of a high - impact use such as a banquet facility at a center that is already deficient in parking reduces the economic viability of the area, causing negative impacts to the existing and potential tenants at the integrated development site and causing nuisances and risks to the surrounding residential community. The inability of existing tenants to meet the needs of their patrons, the difficulty in leasing existing vacant tenant suites due to Resolution No, 2016 -xx 31A-17 page 2 of 7 reduced parking, and the negative impacts to the surrounding residential neighborhoods will continue to result in negative impacts to property values and the possibility of increased blight. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will not be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code because the site on which the project is located is already deficient in meeting the City's off- street parking requirements. Adding a high - impact land use such as the proposed banquet facility, and the future loss of approximately 18 parking spaces at the integrated development site to accommodate the proposed grade separation of the LOSSAN railroad corridor tracks at Seventeenth Street, will exacerbate this parking deficiency. No additional site improvements are proposed to bring the site into compliance with the zoning code. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed use will adversely affect the General Plan. Land Use Element Policy 2.5 supports balancing economic and fiscal benefits of commercial development with impacts on the quality of life in the City. The proposed use will negatively impact the surrounding community by creating detrimental parking impacts and congestion. Because no additional parking options are available on site, the project does not support Policy 2.10, which supports new development that is harmonious in scale and character with existing development in the area. In addition, the proposed applications do not support numerous policies in Goal 5 of the Land Use Element, to ensure that the impacts of development are mitigated. These include: Policy 5.2, to protect the community from incompatible land uses; Policy 5,5, to encourage development that is compatible with surrounding land uses; and Policy 5.7, to anticipate that the intensity of new development does not exceed available infrastructure capacity. F. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to deny this Variance application pursuant to Santa Ana Municipal Code (SAMC) Resolution No. 2016 -xx 31A-18 Page 3 of 7 Section 41 -1359, have been established for Variance No. 2016 -03 for the proposed reduction in required parking: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance Is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The project site has no special circumstance related to its location and surroundings. The proposed use is located on a parcel that is surrounded by commercial and residential land uses. Due to its location in a built -out center, no opportunities to provide additional parking on the project site exist. In addition, the existing tenant mix at the multi- tenant integrated development site does not generate the possibility for a shared parking approach as the site is already deficient in meeting the City's off - street parking requirements. As a result, approval of a parking variance will continue the negative impacts to the surrounding community and to existing tenants whose patrons are unable to find adequate parking spaces on the site and who have to seek on- street parking in surrounding residential areas. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is not necessary for the preservation and enjoyment of substantial property rights, The site is already developed with two commercial buildings: a freestanding restaurant building and a multi -unit commercial building with a varied mix of commercial tenants, including eating establishments, offices, service uses, and retail stores. Approval of the variance will continue the negative impacts to already - constricted parking supplies at the site, resulting in detrimental impacts to other tenants on the site and to the surrounding community. These negative impacts will result in additional nuisances, constricted parking and circulation, resulting in the reduction of property values, and blight. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will be materially detrimental to the public welfare and will be injurious to surrounding property. Banquet facilities hold the majority of events during evening hours, which are also the peak times for eating Resolution No. 20116 -xx 31A-19 Page 4 or 7 establishments. The site currently contains three (3) eating establishments: Super Antojitos Express (Unit A), Cholulas Restaurant (Unit F), and Hometown Buffet, if only these three tenants and the proposed banquet facility remained open at night, and all other tenants ceased business activity in the evening hours, the center would require 361 parking spaces to satisfy the off - street parking demands generated by these tenants. Because the 361 parking spaces required to satisfy their demands exceeds the existing 231 parking spaces currently provided on the site, a shared parking approach is not feasible at this location. Moreover, the loss of approximately 18 parking spaces in the future will reduce this figure to 213, further exacerbating the inability to share parking among tenants during evening hours. The insufficient parking provided on the site will negatively impact the surrounding community. Due to a lack of parking availability at the site, patrons of restaurants and /or the banquet facility will continue to seek other parking options on local streets and in residential neighborhoods. Patrons of all businesses at the center who park in the surrounding community will continue to constrict the supply of street parking for the local residents, which results in reduced quality of life for the residents in the surrounding neighborhood, The congestion generated by patrons parking in the surrounding community poses safety hazards to motorists, cyclists, and pedestrians using those streets. Congestion creates an unsafe environment for cyclists and pedestrians who are negatively impacted by excessive vehicular traffic and street parking on residential streets that are not designed to accommodate high - impact land uses such as banquet facilities. Moreover, patrons returning to vehicles after banquet events during late hours generate noise that degrades the quality of life for residents in the area. Finally, the impacted on- street parking negatively impacts the abilities of emergency responders to quickly and safely service the area. Emergency vehicles will not be able to locate sufficient parking areas to respond to incidents in the residential community adjacent to the project site which is detrimental to public welfare. 4. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No. 2016 -xx 31A-20 Page 5 of 7 The proposed use will adversely affect the General Plan. Land Use Element Policy 2.5 supports balancing economic and fiscal benefits of commercial development with impacts on the quality of life in the City. The proposed use will negatively impact the surrounding community by creating detrimental parking impacts and congestion. Because no additional parking options are available on site, the project does not support Policy 2.10, which supports new development that is harmonious in scale and character with existing development in the area. In addition, the proposed applications do not support numerous policies in Goal 5 of the Land Use Element, to ensure that the impacts of development are mitigated. These include: Policy 5.2, to protect the community from incompatible land uses; Policy 5.5, to encourage development that is compatible with surrounding land uses; and Policy 5.7, to anticipate that the intensity of new development does not exceed available infrastructure capacity, E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is not subject to CEQA as staff is recommending denial of both the CUP and variance applications. If the project is denied, no further CEQA analysis will be required. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit No. 2015 -13 and Variance No. 2016 -03 for the project located at 1002 East Seventeenth Street, Unit M. 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 May 9, 2016, and exhibits attached thereto and the public testimony, written and oral, all of which are incorporated herein by this reference, Resolution No. 2016 -xx 31A-21 Page 6 of 7 ADOPTED this Wh day of May, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 9, 2016, Date: Acting Recording Secretary City of Santa Ana Resolution No, 2016 -xx 31A-22 Page 7 of 7