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Home My WebLink About97-026 - Approving Conditional Use Permit No. 97-10177 RESOLUTION NO. 97- 026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 97-10 TO ALLOW DRIVE- THROUGH SERVICE AT A RESTAURANT TO BE LOCATED AT 1935 EAST SEVENTEENTH STREET WHEREAS, this Council held a public hearing on May 19, 1997, on Conditional Use Permit Application No. 97-10, to allow drive- through service at a restaurant to be located at 1935 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 follows: A. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The inclusion of drive-through service in the project will provide a needed convenience to the community by making meals available quickly and conveniently for those whose schedules do not permit a sit down meal. B. 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 provision of a drive-through lane will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The drive through lane has been designed to mitigate the noise, lighting and aesthetic considerations generally associated with drive through operations. Specifically, it is separated from residences by approximately 400 feet and the anchor tenant on the site. Adverse visual impacts are mitigated by the bermed landscaping on the front of the project. C. That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area. The proposed use will not adversely affect the present economic stability or future economic development of property in the area. Rather, the drive-through will contribute to the economic viability of the restaurant, and in turn, of the entire project. The inclusion of a food use enhances the diversity of services on the site and therefore the economic viability of the project. RESOLUTION 97-026 D. That the proposed use will comply with the regulations and conditions specified in this chapter for such use. Approval of the applicant's associated requests for an amendment application and a variance for the project site will bring the project site into compliance with all zoning regulations. Staff supports approval of these actions. As proposed, the project exceeds code requirements in perimeter buffering to mitigate potential impacts to adjacent properties. In the area of parking, where the site does not meet strict code requirements, a parking analysis has been conducted that supports a reduction in parking based upon the mixture and timing of uses in the center. E. That the proposed general plan of the city or area of the proposed use. use will not adversely affect the any specific plan applicable to the Approval of an associated request for a general plan amendment will bring the proposed project into consistency with the Land Use Element of the General Plan. Construction of a shopping center is compatible with the land use pattern of Seventeenth Street as well as policies in the General Plan to support projects that provide economic benefit and enhance commercial services to the community. 2. Conditional Use Permit No. 97-10 is hereby approved subject to the following conditions: A. Plannina Division 1. The project must be developed in accordance with the approved site plan for DP 96-77R. 2. Construction drawings for site and building work on Pad A, the proposed drive-through restaurant site, must be submitted for final review and approval by the Planning Division prior to submittal into Building Plan Check. 3. The restaurant shall not operate between the hours of 12:00 a.m. and 5:00 a.m. without an approved conditional use permit. 4. Secondary signage for Orchard Supply Hardware (Retail Building 1), if approved by the Planning Commission in Variance 97- 07, is limited to the wording "Garden Center." 5. The project is subject to the attached Phasing Plan (Attachment A), should construction of the entire project not proceed concurrent with or within 60 days of construction of Phase I as reflected in Exhibit $ of the preceding staff report. 6. The project shall comPly with all mitigation measures as set forth in the Mitigation Monitoring Program. RESOLUTION 97-026 179 7. Parking lot sweeping or outdoor clean up activity in parking areas to the north of the front building elevations for buildings 1, 2, and 3 shall be limited to the hours of 7:00 a.m. to 10:00 p.m. 8. Parking lot sweeping or outdoor clean up activity in parking areas to the south of the front building elevations for buildings 1, 2, and 3 shall be limited to the hours 6:00 a.m. to 1:00 a.m. 9. The final landscaping plan shall indicate stepping stones as necessary on the east property line to prevent degradation of the landscaping from foot traffic between the Home Place shopping center and the property east of the site. 10. The final landscaping plan for the easterly portion of the project shall be submitted for Planning Commission review prior to its approval. B. Police Department 1. The project applicant will be required to provide parking area security patrols, but only at such time as parking spaces are actually striped and available for public use on the west side of Retail Building 3 north of the building storefront. Such patrols will be required only during the hours from sundown until one half hours after the stores close. Six months after implementation and annually thereafter, this mitigation measure will be reviewed by the Santa Ana Police department for possible modifications based upon observations by the property owner and review of the Police Department incident reports. C. Public Works Aqency Prior to release of utilities, complete the following: 1. Improve Seventeenth Street per approved improvement plan, as follows: a) Modify and construct a new traffic signal at the easterly drive approach. b) Construct a new 10 foot full width sidewalk, curb, and gutter along the frontage. c) Construct two wheelchair ramps at the easterly drive approach. d) Construct new drive approach at the westerly drive approach, (W-30', A-40', X-3') per city Standard. e) Plant a minimum 24 inch box street trees per city Standard #1124 at locations in accordance with approved improvement plans. RESOLUTION 97-026 f) Furnish ornamental street lighting on Seventeenth Street with underground service as directed by the City Lighting Engineer. g) Install "No Stopping Anytime" zone on Seventeenth Street. h) Install signage and street striping per approved channelization plan. i) Remove and reconstruct the curb, gutter, sidewalk per the approved improvement plans. j) Install storm drain per the approved improvement plans. ADOPTED this COUNCILMEMBERS: 19th day of May , 1997. Pulido Ave Richardson Absent Espinoza Aye Lutz Aye McGuigan Aye Franklin Aye Moreno / Jonah W. Fi~ !81 CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. '~7-~24' to be the original resolution adopted by the City Coya~fil of the City of Santa Ana on Date: k,. / Cldfl~f th~Council of Santa Ana