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HomeMy WebLinkAbout95-079 - Approving Conditional Use Permit No. 95-21301 REL: 11/7/95 RESOLUTION NO. 95-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 95-21 TO ALLOW DRIVE- THROUGH SERVICE AT A RESTAURANT TO BE LOCATED AT 1325-1331 EAST SEVENTEENTH STREET WHEREAS, this Council held a public hearing on November 6, 1995, on Conditional Use Permit Application No. 95-21, to allow drive-through service at a restaurant to be located at 1325-1331 East Seventeenth Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing, this Council finds and determines as set forth in Exhibit A, attached hereto and incorporated herein. 2. Conditional Use Permit NO. 95-21 is hereby approved subject to the conditions set forth in Exhibit B, attached hereto and incorporated herein, (except that Police condition C.4. is deleted), and subject to the following additional conditions: Fumes from the restaurant shall be vented toward the street and away from neighboring residences; The trees on the northern boundary of the subject site shall be replaced by mature (24-inch box) trees; This conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the City Council, at which times the conditions of approval may be modified or new conditions may be added, as determined appropriate by the City Council. ADOPTED this 4th ATTEST: COUNClLMEMBERS: day of December , 1995. Pulido Aye Richardson Aye Espinoza Aye Lutz Ave McGuigan Aye Mills Ave Moreno Aye APPROVED AS TO FORM: City Attorney 30Z CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange [, IANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~"~ O 7 ~ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the C6unci/~/ City of Santa Ana RESOLUTION 95-079 Conditional Use Permit No. November 6, 1995 Page 1 of 2 95-21 Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The drive-through service window will provide a service to restaurant customers by allowing them to order food without leaving their automobiles. The general rehab of the vacant building and the upgrades to the site will bring the property into complete conformance with the City's Commercial Development Standards. These building and site improvements will help contribute to the general well being of the neighborhood and the community. Will the proposed use, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? It is not anticipated that any proposed activity or use will have a negative or detrimental effect on the health, safety or general welfare of people or property in the surrounding area. Potential noise impacts caused by the drive-through lane have been mitigated by placing the entrance to the drive-through lane 50 feet back from the rear property line of the adjacent residential and restricting the hours of operation for the drive-through lane. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? This site is currently a viable project that is in character with the surrounding area. The project adds to the economic viability and future economic development of the surrounding area by redeveloping an older site. The restaurant facilities will continue to provide a much needed service to the neighborhood as well as citizens throughout the community. Will the proposed use comply with the regulations and conditions specified in this chapter for such a'use? The proposed project will bring the conformance with the regulations and in the Santa Ana Municipal Code. entire property into conditions specified EXHIBIT A RESOLUTION 95-079 Conditional Use Permit No. November 6, 1995 Page 2 of 2 95-21 Will the proposed use adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use? This project will bring the use of the buildings on this property, the zoning and the General Plan into conformance with one another. Therefore, the proposal will not adversely affect the General Plan of the City. RESOLUTION 95-079 305 Conditional Use Permit No. November 6, 1995 Page 1 of 3 95-21 conditions for A~proval Should Conditional Use Permit No. 95-21 be approved, the project must comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. In addition, it shall meet the following conditions: A. Planninq Division The drive-through lane is only for the building located at 1325 East Seventeenth Street. The drive-through lane must be setback a minimum of 50 feet from the north property line. The drive-through lane must not operate between the hours of 9:00 p.m. and 8:00 a.m. Monday through Sunday. A decorative wrought i~on fence (minimum five foot in height) to be approved by Police Department and Planning Division must be provided around the perimeter of the outdoor seating area with access only from the interior of the restaurant. J The outdoor seating area must close no later than 10:00 p.m. Monday through Sunday. An eight foot high block wall must be provided around the perimeter of the property adjacent to property zoned or used for residential purposes. a) A survey must be conducted to determine on which property the wall is located. b) tf the wall is located on the commercial property, the existing wall must be raised to eight feet in height or the existing wall must be demolished and a new eight foot high block wall constructed. c) If the wall is located on the residential property, written permission must be obtained from the property owners to increase the height of the existing wall or to demolish the existing wall. If written permission is not obtained, a new eight foot high block wall must be constructed.. EXHIBIT B RESOLUTION 95-079 Conditional Use Permit No. November 6, 1995 Page 2 of 3 95-21 Be Fire Department 1. Ail kitchen hood systems shall be upgraded to current standards. Police Department 1. Install a silent armed robbery alarm. 2. Ail pay telephones must be located inside the building. The petitioner(s) shall be responsible for maintaining the premises free of litter and graffiti. The Cenditicnal U=c Permit sh~-!! be revia.::cd ut mix months, The existing building and parking lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 6. The petitioner(s) shall place a placard prohibiting loitering on the premises. The posted sign must conform to SAMC Section 10-96(c). Menu order box volume may not exceed 50 db(a). SAMC Section 18-312(a). Fublic Works Agency Prior to issuance of a building permit, complete the following: Relocate the on-site power poles to be cleared from the proposed 10 foot wide drive-through lane. NOT~: Work to be performed by Edison Company at owner or developer expense. Prior to release of occupancy, complete the following: 1. Seventeenth Street a) Reconstruct the damaged drive approach to be per City Standard ~1112, Case 2 (W=34', A=44', X=3') and per approved improvement plan. RESOLUTION 95-079 Conditional Use Permit No. 95-21 November 6, 1995 Page 3 of 3 b) Relocate the existing street light pole to be a minimum of six feet from the drive approach ("top of X") per approved improvement plan. c) Construct the proposed westerly drive approach to be per City Standard #1112, Case 2 (W=12', A=12', X=3') and per approved improvement plan. d) Install "EXIT ONLY DO NOT ENTER" and "RIGHT TURN ONLY" sign at the proposed westerly driveway approach on Seventeenth Street. e) Relocate the 2' X 3" Edison vault per approval from Edison Company and per the approved improvement plan. NOTE: Work to be performed by Edison Company at owner or developer expense. f) Paint a right-turn arrow on the driveway pavement per approved plan. On-site a) Remove existing valley-gutter and construct new valley-gutter per approved surface drainage and grading plan. b) Repave on-site parking per surface drainage and grading plan.