HomeMy WebLinkAboutRESO 2019-04_2701 N GRAND AVENUEL51.28.19
RESOLUTION NO. 2019-04
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2018-26 AS
CONDITIONED TO ALLOW DRIVE-THROUGH
WINDOW SERVICE FOR THE PROPERTY
LOCATED AT 2701 NORTH GRAND 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. Amir Houriani, representing Grand Avenue Properties, LLC ("Applicant'), is
requesting approval of Conditional Use Permit No. 2018-26 to allow drive-
through window service for a restaurant in the Arterial Commercial (C5)
zoning district at 2701 North Grand Avenue.
B. Santa Ana Municipal Code (SAMC) Section 41-424.5(e) requires 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 as set forth
by the Santa Ana Municipal Code.
D. On January 28, 2019, the Planning Commission held a duly noticed public
hearing for Conditional Use Permit No. 2018-26.
E. The Planning Commission of the City of Santa Ana has considered the
information and determines that the following findings, which must be
established in order to grant Conditional Use Permit No. 2018-26, for drive-
through window service, have been established as required by SAMC
Section 41-638:
That the proposed use will provide a service or facility which will
contribute to the general well being of 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 project will redevelop a vacant lot with
a new building with a contemporary design with reclaimed wood
plank siding, corrugated metal finishes, metal canopies,
prominent storefront design, an outdoor patio, and enhanced
Resolution No. 2019-04
Page 1 of 7
landscaping which will contribute to the aesthetics of the area.
This will benefit the community by allowing the construction of
a retail building on a vacant lot.
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
closest residential land use is approximately 110 feet to the east
of the site and 175 feet from the drive-through lane itself. The
drive-through lane exceeds the City's stacking requirements
and provides for queuing of approximately 10 vehicles. In
addition, the drive-through lane is situated to reduce the chance
for overflow vehicular queuing onto any public streets. The
menu board and speaker are oriented towards the intersection
to reduce any noise impacts to any nearby residential uses to
the southeast.
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. The site is currently vacant and the new
building will establish a commercial use of the property. 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 generates 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 with the exception of required landscape
setbacks and driveway distances from intersections, which are
under separate consideration in Variance No. 2018-12. 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.
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.
Resolution No. 2019-04
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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
designation which allows for commercial uses such as 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 promotes a balance of land uses to address basic community
needs. Policy 1.10, encourages the location of commercial
centers at arterial roadway intersections in commercial districts.
The project will provide for a new commercial building on two
arterial streets. Land Use Element Goal 2 promotes land uses
that enhance the City's economic and fiscal viability. Policy 2.8,
promotes rehabilitation of commercial properties, and
encourages increased levels of capital investment. The drive-
through will contribute to the viability of the commercial center
in which it is located and the existing building will be
rehabilitated to match the design of the new building. 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. Economic
Development Element Goal 2 maintains and enhances the
diversity of the City's economic base. Policy 2.3 encourages
the development of mutually beneficial and supportive
business clusters within the community. Urban Design Element
Goal 1 improves the physical appearance of the City through
development of districts that project a sense of place, positive
community image and quality environment. Specifically, Policy
1.5 enhances architectural forms, textures, colors, and
materials for all projects.
Section 2. In accordance with the California Environmental Quality Act, the
project is exemptfrom further review per Section 15303 of the Guidelines forthe California
Environmental Quality Act. The Class 3 exemption applies to the construction of small
structures, which in an urbanized area is defined as a building not exceeding 10,000
square feet in floor area, on sites zoned for such use, not using significant amounts of
hazardous substances, where public services are available and the surrounding area is
not environmentally sensitive.
The proposed building contains 1,612 square feet within the Arterial Commercial
(C-5) zoning district, which allows for service, retail and commercial uses. The proposed
tenant is not anticipated to use significant amounts of hazardous substances. There are
public services available through the City of Santa Ana and the Orange County Fire
Resolution No. 2019-04
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Authority and the surrounding area is not environmentally sensitive. As a result,
Categorical Exemption, Environmental Review No. 2017-116 will be filed for this project.
Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2018-26, as conditioned
in Exhibit A, attached hereto and incorporated herein for the project located at 2701 North
Grand 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 January 28, 2019, and exhibits attached thereto; and the public testimony, written
and oral, all of which are incorporated herein by this reference.
ADOPTED this 28th day of January, 2019.
AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Nguyen, Verino
(5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: Alderete, Benavides (2)
Mark McLoughlin
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Byy�' --
Lisa Storck
Assistant City Attorney
Resolution No. 2019-04
Page 4 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2019-04 to be the original resolution adopted by the Planning Commission
of the City of Santa Ana on January 28, 2019.
Date: 112- s hel c9am `5v�"
Recording Secretary
City of Santa Ana
Resolution No. 2019-04
Page 5 of 7
EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2018-26
Conditional Use Permit No. 2018-26 for drive-through window service 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.
1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017-33)
and the staff report exhibits.
2. Any amendmentto this conditional use permit must be submitted tothe Planning Division
for review. At that time, staff will determine if administrative relief is available or the
conditional use permit must be amended.
3. Prior to the issuance of a building permit, a full 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, and shall feature a berm to assist with screening the drive-
through lane from view.
4. 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:
(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.);
Resolution No. 2019-04
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(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, 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.
(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.
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C.
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