Loading...
HomeMy WebLinkAboutRESO 2019-22_815-907 N BRISTOL STREET (WINDOW SERVICE)LS 5.28.19 RESOLUTION NO. 2019-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-13 AS CONDITIONED TO ALLOW DRIVE -THROUGH WINDOW SERVICE AND CONDITIONAL USE PERMIT NO. 2019-17 TO ALLOW WALK-UP WINDOW SERVICE FOR AN IN-N-OUT BURGER RESTAURANT LOCATED AT 815, 827, 829, AND 907 NORTH BRISTOL 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. Katie Sanchez, with In-N-Out ("Applicant'), is requesting approval of Conditional Use Permit No. 2019-13 to allow drive -through window service and Conditional Use Permit No. 2019-17 to allow a walk-up window service for a new restaurant located at 815, 827, 829, and 907 North Bristol Street. B. Bristol Street Specific Plan designates commercial uses based on the C-5, Arterial Commercial Zoning district found in Section 41-424 and 41-424.5 of the Santa Ana Municipal Code ("SAMC"). Furthermore, all development standards are designated under the C-1, Community Commercial Zoning District found in Section 41-367 through 41-373 of the SAMC. C. Pursuant to SAMC Section 41-424.5(e), eating establishments with drive - through and walk-up window service require approval of a conditional use permit. D. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permits for this project as set forth by the Santa Ana Municipal Code. E. On May 13, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit Nos. 2019-13 and 2019-17 respectively. At the request of staff, the item was continued to the May 28, 2019 Planning Commission meeting. F. On May 28, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit Nos. 2019-13 and 2019-17 respectively. G. 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. 2019-13 for drive - Resolution No. 2019-22 Page 1 of 9 through window service and CUP No. 2019-17 for a walk-up window service, have been established as required by SAMC Section 41-638: 1. 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 the site with a new building that is compatible with the architectural style of the existing In-N-Out currently in operation on the subject site. The site will include metal roof panels, brick, smooth stucco finishes, and fabricated canopy. In addition, the outdoor patio cover will provide the community with an additional amenity and dining experience The walk-up window will provide an additional service to that of the drive -through by allowing pedestrians and bicyclists to visit and purchase items at the restaurant. The In-N-Out company was founded in an era where walk-up service was common. The design of this location is proposing to replicate the same experience that customers experienced in the past. 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 project site is in close proximity to sensitive uses such as residential properties to the east, but has been designed and will be conditioned to prevent negative impacts to those in the vicinity. The drive -through is designed to generate the least amount of off -site impacts possible. SAMC requires an on -site stacking lane of at least 160 feet to accommodate approximately ten vehicles. The proposed drive -through lane is designed with a double entry lane that is about 300 feet in length combined and will accommodate approximately 34 vehicles within both lanes. In addition, the drive -through lane is situated to reduce the chance for overflow vehicular queuing onto any public streets or into the adjacent parking lot. Conditions have been added to monitor all on -site vehicle circulation in the event that the vehicles extend outside of the drive -through lanes. The menu boards and speakers are oriented as far possible to the south in order to reduce any noise impacts. In addition, a landscape berm with trees and shrubs will be planted along the drive -through lanes and the parking lot to create a visual buffer between the Resolution No. 2019-22 Page 2 of 9 cars and the public right-of-way. The walk-up window will not cause harm to any future customers as the design for the order area will provide sufficient space for customers to stand as they wait for their food orders. Conversely, the window service will help activate the street presence of the restaurant which is also a goal of the Bristol Street Corridor Specific Plan, and it will remain open during the same hours as the drive - through. 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 and walk-up window service will not adversely affect the economic stability or future economic development of properties in the surrounding area. 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. The walk-up window service is expected to generate a higher volume of pedestrian traffic than those with indoor sit-down customer areas. 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 development standards and regulations contained in Chapter 41 of the SAMC. A condition of approval has been added to the conditional use permits to require 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. The proposed eating establishment with drive -through and walk-up window 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. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes Resolution No. 2019-22 Page 3 of 9 rehabilitation of commercial properties, and encourages increased levels of capital investment. The drive -through will contribute to the viability of the commercial site and the new building is designed to match the architectural style of the existing building in order to illustrate the importance of the car culture for which southern California is known. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval 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 the development of districts that project a sense of place, positive community image and quality environment. The project is in the Bristol Street Corridor Specific Plan and is designed to meet all additional development standards designated in the Community Commercial zoning district. Section 2. In accordance with the California Environmental Quality Act, the project is exempt pursuant to CEQA Guidelines Section 15302, Class 2, Replacement or Reconstruction. This exemption applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure it replaced and will have substantially the same purpose and capacity as the structure it replaced. The proposed project would replace the existing commercial building with the same purpose and capacity and would be located on the same site. Based on this analysis, a Notice of Exemption, Environmental Review No. 2018-43 will be filed for this project. Section 3.The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to Resolution No. 2019-22 Page 4 of 9 approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-13 and Conditional Use Permit No. 2019-17, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 815, 827, 829, and 907 North Bristol Street. 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 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 May, 2019. AYES: Commissioners: Alderete, Cano Contreras -Leo, McLoughlin, Nguyen, Rivera (6) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Benavides (1) M r McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 'k, Lisa Storck Assistant City Attorney Resolution No. 2019-22 Page 5 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-22 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 28, 2019. f 1 Date: iI�� Recording Secretary City of Santa Ana Resolution No. 2019-22 Page 6 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit Nos. 2019-13 and 2019-17 Conditional Use Permit No. 2019-13 for drive -through window service and Conditional Use Permit No. 2019-17 for walk-up 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, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by these conditional use permits. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permits. Failure to comply with each and every condition may result in the revocation of the conditional use permits. 1. All proposed site improvements must conform to Development Project Review (DP No. 2018-10) and the staff report exhibits. 2. Any amendment to the conditional use permits 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. 3. Prior to submittal into building plan check, 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 landscape buffer to assist with screening the drive -through lane from view. Additionally, the landscape plan must incorporate, through design, landscape plant species to assist in the visual screening of the adjacent residential properties from the subject site. 4. Prior to issuance of a building permit, the Applicant is required to submit for review and approval by the Planning Manager, a traffic management plan designed to minimize any potential overnow onto Bristol Street. 5. Speaker volumes for the drive -through and walk-up window services must comply with the allowed decibel levels indicative per Santa Ana Municipal Code Sec. 18-312. 6. In-N-Out Burger is required to provide an attendant to manage all traffic and on -site circulation in the event that the vehicle queue extends outside of the designated drive - through lanes. This shall include redirecting on -site traffic as necessary to prevent spill- over onto Bristol Street. 7. 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 Resolution No. 2019-22 Page 7 of 9 Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (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.); (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 Applicant 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 Resolution No. 2019-22 Page 8 of 9 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. Resolution No. 2019-22 Page 9 of 9 (� C (_