HomeMy WebLinkAbout31C - 1526 W. EDINGER AVE.
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REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
0;
JULY 5, 2005
TITLE:
CONDITIONAL USE PERMIT NO. 2005-16
TO ALLOW DRIVE-THROUGH WINDOW
SERVICE AT AN EXISTING MCDONALD'S
RESTAURANT AT 1526 WEST EDINGER
AVENUE - MCDONALD'S CORPORATION,
APPLICANT
f2~;:;tlI2~
CITY MANAGER
APPROVED
D As Recommended
D As Amended
D Ordinance on 1st Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2005-16 as conditioned.
PLANNING COMMISSION ACTION
On June 13, 2005, the Planning Commission approved Conditional Use Permit
No. 2005-16 as conditioned by a vote of 6:0 (Leo absent) to allow drive-
through window service at an existing McDonald's Restaurant located in
the Arterial Commercial (C5) zoning district at 1526 West Edinger Avenue.
The Planning Commission made no changes to the recommended conditions of
approval outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
.../J~---...
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JayM. Trevino
E~~utive Director
Planning & Building Agency
VC:rb
vc\reports\cupOS-16.cc
31 C-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION MEETING DATE:
JUNE 13, 2005
PLANNING COMMISSION SECRETARY
TITLE:
PUBLIC HEARING - CONDITIONAL USE PERMIT
NO. 2005-16 TO ALLOW DRIVE-THROUGH WINDOW
SERVICE AT AN EXISTING MCDONALD'S
RESTAURANT AT 1526 WEST EDINGER AVENUE
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
DENIED
D Applicant's Request
D Staff Recommendation
CONTINUED TO
Prepared by Verny Carvaj al
~~2:t~ctor
/YJA bv1 f-Id~ fvr
Planning Ma ger
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2005-16 as
conditioned.
DISCUSSION
Request of Applicant
Hogle-Ireland Incorporated, on behalf of the McDonald's Corporation, is
proposing to add a 1,300 square foot addition to an existing sit-down
McDonald's Restaurant. Additionally, Section 41-424.5(e) of the Santa Ana
Municipal Code requires a conditional use permit for eating establishments
desiring to operate with drive-through window service in the Arterial
Commercial (C5) zoning district.
Property Description
The project site is a 1.1-acre, rectangular shaped parcel located at the
southwest corner of Edinger and Pacific Avenues. The parcel has a General
Plan land use designation of General Commercial (GC) with a corresponding
zoning designation of Arterial Commercial (C5). The existing building
is a 4,100 square foot drive-through McDonald's Restaurant with a
detached outdoor play place area that was constructed in 1980.
Surrounding land uses include single-family residential uses to the
north and south, commercial to the east, and medical office uses to the
west (Exhibits 1 and 2) .
EXHIBIT A
31 C-2
Conditional Use Permit No. 2005-16
June 13, 2005
Page 2
Project Description
The proposed project involves the removal of an existing railcar and the
relocation of an existing outdoor play area to the interior of an existing
McDonald's Restaurant. The construction of the new 1,300 square foot play
place annex will require various modifications to the site layout,
landscaping and drive-though lane configuration to the existing legal non-
conforming site.
Per Section 41.681.2 of the Santa Ana Municipal Code, the expansion of a
legal non-conforming site is limited to 10 percent of the floor space of
the building as it existed prior to the new construction. Since the new
indoor play place addition will result in an expansion greater than 30
percent, full code compliance for the site is required. Additionally, the
existing drive-through lane was approved prior to the establishment of
regulations for establishments with drive-through window service.
A total of 53 parking spaces are required and have been provided for the
drive-through restaurant based on a parking ratio of 10 parking spaces per
1,000 square feet of gross floor area. As required by code, an 80-foot
separation between the food pick-up window and the order board, and
another 80-foot separation between the order board and entrance to the
drive-through lane have been provided.
The architecture of the new addition has been designed to complement the
features of the existing building utilizing various shades and textures of
plaster, stone veneer and wooden trellis features. Landscaping will be
upgraded to meet current code requirements and will include 19 new trees
to be added to the interior and perimeter the site. Addi tionally, a
landscaped berm with shrubs will shield light spillover impacts from the
drive-through lane to the motorists traveling along Edinger Avenue
(Exhibits 3, 4 and 5) .
Analysis of the Issues
This conditional use permit request has been reviewed based on the
criteria established by the City and has been found to be consistent with
the operational standards for drive-through establishments. To avoid
impacts to the health, safety and general welfare of persons working or
residing in the area, numerous mitigation measures have been incorporated
into this project. The existing on-site vehicular circulation system has
been updated and improved to avoid conflicts between vehicles in the
31 C-3
Conditional Use Permit No. 2005-16
June 13, 2005
Page 3
parking lot and the drive-through lane. Also, the ability for cars to
stack onto Edinger Avenue and Pacific Avenue has been eliminated through
the location and design of the stacking lane. Finally, the aesthetic
issues related to drive-through lanes have been addressed by locating the
drive-through lane at the rear of the site and by the installation of
additional landscaping to reduce light and glare imposed on traffic.
Policy 2.2 of the Land Use Element of the General Plan supports the
development of commercial land uses to accommodate the need for goods and
services within the area. The existing McDonald's Restaurant has been in
operation for over 25 years and has had no known calls for service or
violations. The enhanced drive-through establishment will serve to
complement an existing sit-down restaurant that will provide additional
seating, access, and landscaping that will result in an upgrade to the
neighborhood and surrounding community. The drive-through window will
continue to provide additional convenience for the fast-food restaurant
customers, thereby contributing to the long-term success of the facility
and additional service to the community.
Based upon the above analysis of the project and the project's
compatibili ty with the City I S General Plan and applicable development
standards, it is recommended that the Planning Commission approve
Conditional Use Permit No. 2005-16 as conditioned (Exhibits 6 and 7) .
CEQA Compliance
This proj ect was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15332. This Class 32 exemption
allows in-fill developments on properties of less than five acres that
meet applicable General Plan and zoning regulations. Categorical
Exemption Environmental Review No. 2004-107 will be filed for this
proj ect.
--7~...._'_
~~ -----...."....
Verny Carvajal
Associate Planner
vince Fregoso
Senior Planner
VC:JM
vc\reports\cup05-16,pc
31C-4
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McDONALD'S DRIVE THRU
1526 WEST EDINGER AVENUE
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P LAN N
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EXHIBIT 1
31 C-5
N G
AGE N C Y
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Conditional Use Permit No. 2005-16
June 13, 2005
Page 1 of 2
Findings of Fact
A.
will the proposed
contribute to the
community?
use provide a
general well
service or
being of
facility which will
the neighborhood or
The proposed restaurant expansion will provide a safer
integrated play area and additional outdoor seating for the
fast food restaurant customers, thereby contributing to the
long-term success of the facility and providing additional
service to the community.
B. 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?
The circulation design and layout, which will include
landscaping to screen the drive-through lane, will not create
an adverse impact or be detrimental or injurious to the overall
site or neighborhood.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The drive-through restaurant and expansion provides a visual
upgrade and new economic activity for this area of West Edinger
Avenue. The economic viability of the fast food restaurant and
the overall development is increased with the addition of the
proposed drive-through window and removal of an outdoor play
area. The overall economic stability of the area will be
strengthened with commercial services in the area.
D.
will the proposed use comply with the regulations
specified in Chapter 41 of the Santa Ana Municipal
use?
and condi t ions
Code for such
The proposed restaurant and drive-through window operation will
be in compliance with all applicable provisions of Chapter 41
of the Santa Ana Municipal Code and design standards for such
facilities.
31~.1:
Conditional Use Permit No. 2005-16
June 13, 2005
Page 2 of 2
E. will the proposed use adversely affect the General Plan or any
specific plan of the City?
The drive-through lane at the
consistent with the General Plan
General Commercial as support
restaurants, are permitted.
McDonald's restaurant is
land use designation of
commercial, including
31 C-11
JUNE 13, 2005
PAGE 1 OF 1
Conditions for Approval
Should Conditional Use Permit No. 2005-16 be approved, the project shall
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.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this conditional use
permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with
each and every condition may result in the revocation of the conditional
use permit.
A. Planning Division
1. All proposed site improvements must conform to the Site Plan
Review approval of DP No. 04-30.
2. Any amendment to this conditional use permit must be submitted
to the Planning Division and Police Department for review. At
that time, staff will determine if administrative relief is
available or the conditional use permit must be amended.
ife~1t~
KO - 6/20/05
RESOLUTION NO. 2005-14
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SANTA ANA
APPROVING CONDITIONAL USE PERMIT NO.
2005-16 AS CONDITIONED TO ALLOW A DRIVE-
THROUGH WINDOW FOR THE PROPERTY
LOCATED AT 1526 WEST EDINGER 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. Conditional Use Permit No. 2005-16 has been filed with the City of Santa
Ana seeking to allow a drive-through window service for the property
located at 1526 West Edinger Avenue.
B. Conditional Use Permit No. 2005-16 came before the City Council of the
City of Santa Ana for a public hearing June 13, 2005.
C. Santa Ana Municipal Code Section 41.424.5 permits eating
establishments with drive-through service with a conditional use permit.
D. Santa Ana Municipal Code Section 41-638 authorizes the City Council to
grant a conditional use permit upon making certain findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed restaurant expansion will provide a safer
integrated play area and additional outdoor seating for the
fast food restaurant customers, thereby contributing to the
long-term success of the facility and providing additional
service to the community.
2. 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?
The circulation design and layout, which will include
landscaping to screen the drive-through lane, will not create
an adverse impact or be detrimental or injurious to the
overall site or neighborhood.
31 C-13
Resolution No. 2005-14
Page 1 of 3
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The drive-through restaurant and expansion provides a
visual upgrade and new economic activity for this area of
West Edinger Avenue. The economic viability of the fast
food restaurant and the overall development is increased
with the addition of the proposed drive-through window and
removal of an outdoor play area. The overall economic
stability of the area will be strengthened with commercial
services in the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 of the Santa Ana Municipal Code for such
use?
The proposed restaurant and drive-through window
operation will be in compliance with all applicable provisions
of Chapter 41 of the Santa Ana Municipal Code and design
standards for such facilities.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The drive-through lane at the McDonald's restaurant is
consistent with the General Plan land use designation of
General Commercial as support commercial, including
restaurants, are permitted.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The action is exempt from further
review pursuant to Section 15332. This Class 32 exemption allows in-fill
developments on properties of less than five acres that meet applicable
General Plan and zoning regulations. Categorical Exemption
Environmental Review No. 2004-107 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2005-16 as conditioned
in Exhibit A attached hereto and incorporated herein as though fully set forth. This
decision is based upon the evidence submitted at the abovesaid hearing, which
includes but not is not limited to: the Staff report and exhibits attached thereto; and the
public testimony all of which are incorporated herein by this reference.
31C-14
Resolution No. 2005-14
Page 2 of 3
ADOPTED this 13th day of June, 2005 by the following vote:
AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Leo (1)
ABSTENTIONS: Commissioners: None (0)
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
K ylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No.2005-14 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on June 13, 2005.
Date:
Clerk of the Planning Commission
City of Santa Ana
31 C-15
Resolution No. 2005-14
Page 3 of 3
Conditions for Approval for Conditional Use Permit No. 2005.16
Conditional Use Permit No. 2005-16 is approved subject to compliance, to the
reasonable satisfaction of the City Council, 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.
The applicant must comply in full with each and every condition listed below prior
to exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below
throughout the life of the conditional use permit. Failure to comply with each and
every condition may result in the revocation of the conditional use permit.
A. Plannina Division
1 . All proposed site improvements must conform to the Site Plan
Review approval of DP No. 04-30.
2. Any amendment to this conditional use permit must be submitted to
the Planning Division and Police Department for review. At that time,
staff will determine if administrative relief is available or the
conditional use permit must be amended.
Exhibit A
31 C-16