Loading...
HomeMy WebLinkAboutRESO 2018-28_301 N TUSTIN AVENUELS 10.8.18 RESOLUTION NO. 2018-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-18 AS CONDITIONED TO ALLOW A DRIVE-THROUGH FOR THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE 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, Richard Finkel, representing Russell Fischer LP, is requesting approval of Conditional Use Permit No. 2018-18 to allow drive-through window service for a restaurant use in the General Commercial (GC) zoning district at 301 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-377.5 (a) and Section 41- 365.5 (e) require approval of a conditional use permit for eating establishments with drive-through window service. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project to as set forth by the Santa Ana Municipal Code. D. On October 8, 2018, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2018-18. E. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Conditional Use Permit No. 2018-18, for drive-through window service, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a servie or facility which will contribute to the general well being tbf the neighborhood or community. The proposed eating establishment with drive-through window service will provide a service to persons that are working or residing in the area. The drive-through lane will support the eating establishment and allow for a variety of service uses to be provided on-site within the multi -tenant building. The site Resolution No. 2018-28 Page 1 of 8 will be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, an outdoor dining area, and an enhanced pedestrian walkway with landscaping and seating areas contributing to the aesthetics of the area. 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 drive-through will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed so the multi -tenant building is the primary view from the street and the drive- through lane meets the City's stacking requirements and provides for queuing of approximately 15 vehicles. In addition, the drive-through lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. The menu board and speaker will be oriented towards the SR -55 freeway to reduce any noise impacts to the nearby commercial uses. In addition, there are no nearby sensitive (residential) land uses. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The drive-through will not adversely affect the economic stability or future economic development of properties in the surrounding area. Since 1965, the property has been a restaurant use. The site will be redeveloped with a new building with a contemporary design and water efficient landscaping. An eating establishment with drive-through service will provide an additional service and eating opportunities for the area and will provide a commercial business that will generate sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. Resolution No. 2018-28 Page 2 of 8 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 eating establishment with drive-through service will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such multi -tenant buildings with retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs, specifically Policy 1.10 to encourage the location of commercial centers at arterial roadway intersections in commercial districts. Land Use Element Goal 2 to promote land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The drive-through will contribute to the viability of the commercial center in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The Condition of Approval for property maintenance will maintain a safe and attractive environment in the community. Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The commercial center and its operations are compatible with the surrounding commercial and professional businesses. Economic Development Goal 2 to maintain and enhance the diversity of the City's economic base. Policy 2.3 to encourage the development of mutually beneficial and supportive business clusters within the community. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects and Policy 1.6 to include plazas, open spaces, and courtyards connecting to public right-of-way to encourage public interaction. Section 2. Mitigated Negative Declaration (Environmental Review No. 2016- 156) and a Mitigation Monitoring and Reporting Program was prepared with respect to this project. The Planning Commission has, as a result of its consideration of the record as a whole 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 Resolution No. 2018-28 Page 3 of 8 CEQA Guidelines, Environmental Review No. 2016-156 meets all the requirements of CEQA and recommends City Council approval. Section 3. Conditional Use Permit No. 2018-18 shall not be effective until the City Council reviews and approves the Mitigated Negative Declaration Environmental Review No. 2016-156, General Plan Amendment No. 2018-05 and Amendment Application No. 2018-08. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 4. 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 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-18, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 301 North Tustin Avenue. 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 October 8, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this b day of 0 C* bfAl� 2018. Commissioners: ALDERETE, CONTRERAS-LEO, MCLOUGHLIN, AYES: REYNA, VERINO (5) NOES: Commissioners: ABSENT: Commissioners: MENDOZA, NGUYEN (2) ABSTENTIONS: Commissioners: C Mak cLoughli Chairperson Resolution No. 2018-28 Page 4 of 8 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-28 to be the originalrQsolution adopted by the Planning Commission of the City of Santa Ana o.. Q �lii7Cr �� �l 2018. Date: � 0 1 g I 1 Recording Secretary City of Santa Ana Resolution No. 2018-28 Page 5 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2018-18 Conditional Use Permit No. 2018-18 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 California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belowrip or to exercising the rights conferred by this conditional use permit. I. 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. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2016- 45) and the staff report exhibits. 2. The Applicant shall comply with the Mitigation Measures within the Mitigation Monitoring and Reporting Program prepared for the project. i 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. Prior to the issuance of a building permit, a reciprocal access and parking agreement shall be approved as to form by the City Attorney & Planning Manager and recorded against the property. 5. Prior to the issuance of a building permit, a landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: Resolution No. 2018-28 Page 6 of 8 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. Resolution No. 2018-28 Page 7 of 8 (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. The site plan shall include all improvements as indicated in the Site Plan Review (DP No. 2016-45) plans dated July 6, 2018. 2. The site plan shall depict and note all easements listed in the title reports for both properties, with Assessor Parcel Number 400-032-02 and 400-032-03. 3. The site plan shall depict all public utilities. 4. Any mitigation measure identified in the Traffic Impact Analysis study shall be depicted and noted on the site plan prior to approval. 5. The site plan shall depict and note a 15 foot by 15 foot sight distance triangle at all driveway entrances. 6. The site plan shall depict and note a 25 foot by 25 foot site distance triangle at all street corners. 7. Separate public water meters shall be installed for individual commercial areas and irrigation systems. The site plan shall have a note for the reviewer indicating so and depict all improvements. 8. A public sewer main shall be constructed along Fourth Street to accommodate the sewer discharge needs of the project. The size, location and limits are to be determined during plan check, including size and location of sewer laterals. The site plan shall have a note for the reviewer indicating so and depict all improvements. Resolution No. 2018-28 Page 8 of 8