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HomeMy WebLinkAbout31C - 1526 W. EDINGER AVE. /' REQUEST FOR COUNCIL ACTION ~~I ~;~- ~ 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~---... .PI '"" JayM. Trevino E~~utive Director Planning & Building Agency VC:rb vc\reports\cupOS-16.cc 31 C-1 REQUEST FOR Planning Commission Action ~--- -''', /~~~~\ .!.~ }li ~~~~ /. ~\lcation 1 -~ ~.~4,; Sf": , '. ) ~, - - 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 BROOK ST. :.J R1 ~lR1 Rl R1 Rl R2~ R2 _R2 R:,'[j~Gtt GORGE R1 83LJ GBGBG CUB8QN S1. Rl Rl R1 R1 lINGAN IN USSELl AV_ R1 R1 o ~ p~2 ~ R2 ~ E R1 ~ ~ ~ o o IR1l A1 -B C-SM C1 Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM, COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 R4 RE SO SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN ~ ~--~ CUP 05-16 McDONALD'S DRIVE THRU 1526 WEST EDINGER AVENUE A G{' - = 500 FEET 1" = 1000 FEET P LAN N N G AND BU LD EXHIBIT 1 31 C-5 N G AGE N C Y ..... ..... ..... ..... ~ ~ t- ~ '<l: j::: ~ l.ij w Lfi ~ g a W g ~ ~ ~ a: (f) [J - ~ t- ~ ::> 3: C( CJ) C( )>.. )>.. )>.. )>.. )>.. c:( ..... ..... ~ ~ ..... ~ ~ ~ W ~ 0 ~ J \ Ll.. ~ 0 ~ ~ u:: ~ llJ ~ a: I llJ ..... ::::) ~ ~ 0 ..... ..... a: (!) ~ ~ (!) 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I/grm IlJ ~ ~ ..( \f) -I (3 [L U::Z~ -'l<1- zl:V ~lit~ 8~~ ~ ~~I~e r-- - r-- '--- r-- '--- r--- a '---- Z ill ~ -ill -1 ~ Z I- Z -<t ..J {l 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