HomeMy WebLinkAbout19E - 3810 S. BRISTOL ORD.REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 2, 2004
TITLE:
ORDINANCE - AMENDMENT APPLICATION
NO. 2003-08 TO ALLOW DRIVE-THROUGH
WINDOW SERVICE AT A NEW MCDONALD'S
RESTAURANT
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED [] As Recommended
[] As Amended
[] Ordinance on 1st Reading
[] Ordinance on 2nd Reading
[] Implementing Resolution
[] Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt an ordinance approving Amendment Application No. 2003-08.
Planning Conm%ission Action
Recommended that the City Council adopt an ordinance approving Amendment
OApplication No. 2003-08 at its November 24, 2003 meeting by a vote of
7:0.
DISCUSSION
Hogle-Ireland, on behalf of McDonald's Restaurants, requested approval of
a new drive-through McDonald's restaurant within the Bristol/Sunflower
Plaza located at 3810 South Bristol Street (Exhibit 1 and 2). In order
to allow a drive-through restaurant, an amendment application to change
the zoning of the property to General Commercial (C2) is required.
On January 5, 2004, a public hearing was held for this project, and the
City Council approved the recommended actions. However, a written copy of
the ordinance was inadvertently omitted from the Council Agenda packet,
and was not available for Council or public review. In accordance with
the provisions of the City Charter, the ordinance approving the amendment
application to change the zoning of the property to General Commercial
(C2) is being submitted for formal Council approval.
VC: rb
vc\reports\aa03 -08.02 -02- 04. cc
Page 41 19.E.
AA 03-8/CUP 03-28/VA 03-7 A
McDONALDS RESTAURANT ~
3810 SOUTH BRISTOL STREET _ _ _- ~oo ~,~
A N D B U I L D I N G A G E N C Y
COMMERCIAL/RETAIL
COMMERCIAL/RETAIL
AA 03-8/CUP 03-28/VA 03-7
McDONALDS RESTAURANT
3810 SOUTH BRISTOL STREET
P L A N N I N G A N D B U I L D I N G A G £ N C Y
ORDINANCE NO. NS-2643
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REZONING THE PROPERTY LOCATED AT
3810 SOUTH BRISTOL STREET FROM COMMERCIAL
RESIDENTIAL (CR) TO GENERAL COMMERCIAL (C2) (AA
NO. 2003-08)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
~. The City Council of the City of Santa Ana does hereby find,
determine and declare as follows:
Amendment Application No. 2003-08 has been filed with the City of Santa
Ana to change the zoning district designation of certain real property
located at 3810 South Bristol Street from Commercial Residential (CR) to
General Commercial (C2).
Bo
The Planning Commission of the City of Santa Aha held a duly noticed
public headng on October 27, 2003, and continued the public hearing to
November 24, 2003, on Amendment Application No. 2003-08, and
Conditional Use Permit No. 2003-28. After conducting the public hearings,
the Planning Commission determined that Amendment Application No.
2003-08 is consistent with the General Plan of the City of Santa Aha, and
recommended by a vote of 7:0 that the City Council approve Amendment
Application No. 2003-08 and Conditional Use Permit No. 2003-28.
The City Council, prior to taking action on this ordinance, held a duly
noticed public hearing on January 5, 2004.
Amendment Application No. 2003-08 is hereby found and determined to be
consistent with the General Plan of the city of Santa Aha and otherwise
justified by the public necessity, convenience and general welfare.
~. The City Council has reviewed and considered the information
contained in the initial study and the mitigated negative declaration and mitigation
monitoring program for Environmental Review No. 2002-254 prepared with respect to
this Project. It is determined that, as required pursuant to the California Environmental
Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration
and mitigation monitoring program adequately addresses the expected environmental
impacts of this Project. On the basis of this review, the City Council finds that there is no
evidence from which it can be fairly argued that the project will have a significant adverse
effect on the environment. The City Council hereby certifies and approves the mitigated
negative declaration and mitigation monitoring program and directs that the Notice of
Determination be prepared and filed with the County Clerk of the County of Orang ie,., the
manner required by law.
1
9
Page 43 ·
Pursuant to Title XlV, Califomia Code of Regulations ("CCR") § 735.5(c)(1), the
City Council has determined that, after considering the record as a whole, there is no
evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the ecological habitat upon which wildlife resources depend. The
proposed project exists in an urban environment characterized by paved concrete,
roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and
Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3); the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
~. The real property located at 3810 South Bristol Street in Santa Ana
is hereby reclassified from Commercial Residential (CR) to General Commercial (C2).
Amended Sectional District Map number 35-5-10, shoWing the above described change
in use district designation, is hereby approved and attached hereto as Exhibit "A" and
incorporated by this reference as though fully set forth herein.
~e,_ctioJ:~. This Ordinance shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote
adopting this Ordinance.
ADOPTED this day of ., 2004.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Deputy City Attorney
AYES:
NOES:
19tsE.
CounciJmembers
Councilmembers
Councilmembers
Page 44
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. -b[S:2.C:~ to be the original ordinance adopted by the City
Council of the City of Santa Ana on :, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
EXHIBIT A
MAC ARTHUR
R1 -PED
SUNFLOWER
BLVD.
PREPARED ~Y THE PLANNING DIVISION ' CITY OF SANTA ANA CALIFORI
.., Page 46