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HomeMy WebLinkAbout31B - CUP - 3531 S FAIRVIEW STREETREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 6, 2009 TITLE: CONDITIONAL USE PERMIT NOS. 2009-03 AND 2009-04 AND VARIANCE NO. 2009-O1 TO ALLOW A DRIVE-THROUGH, AFTER-HOURS OPERATION AND A REDUCTION IN LANDSCAPING FOR SONIC RESTAUR.AN'r LOCATED AT 3531 SOUTH FAIRVIEW STREET - COAST TO COAST COMMERCIAL, LLC, APPLICANT C~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Arriended ^ Ordinance on 15t Reading ^ Ordinance on 2rd Reading ^ Implernenting Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2009-03 as conditioned, Conditional Use Permit No. 2009-04 as conditioned and Variance No. 2009-01 as conditioned. PLANNING COMMISSION ACTION On March 9, 2009, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2009-03 as conditioned, Conditional Use Permit No. 2009-04 as conditioned and Variance No. 2009-01 as conditioned by a vote of 7:0 to allow a new Sonic Restaurant with drive-through service, to operate after-hours and to reduce the side yard landscaped setback in landscaping for a Sonic Restaurant in the Arterial Commercial (C-5) zoning district at 3531 South Fairview Street. The Planning Commission modified the conditions of approval to require all 24-inch box trees shown on the site plan to be changed to 36-inch box trees and the permitted hours of operation for drive-in stalls from 7:00 a.m. to 10:00 p.m. to 6:00 a.m. to 10:00 p.m. (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja M Trevino Executive Director Planning & Building Agency MF:rb mf/reports/cup09-03&cup09-04va09-O1 Sonic Drive-in.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 9, 2009 TITLE: PUBLIC HEARING - FILED BY COAST TO COAST COMMERCIAL, LLC FOR CONDITIONAL USE PERMIT NOS. 2009-03 AND 2009-04 AND VARIANCE NO. 2009-01 TO ALLOW A DRIVE-THROUGH, AFTER- HOURS OPERATION AND A REDUCTION IN LANDSCAPING FOR SONIC RESTAUR.AN'r LOCATED AT 3531 SOUTH FAIRVIEW STREET Prepared by Matt Foulkes PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Exec tive Director Plannin anager RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2009-03 as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2009-04 as conditioned. 3. Adopt a resolution approving Variance No. 2009-01 as conditioned. DISCUSSION Request of Applicant Coast to Coast Commercial, LLC, on behalf of Sonic Restaurant, is requesting approval of Conditional Use Permit Nos. 2009-03 and 2009-04 and Variance No. 2009-O1 to allow a new Sonic Restaurant with drive- through service, to operate between 12:00 a.m. and 5:00 a.m. and to reduce the side yard landscaped setback at 3531 South Fairview Street. Property Description The subject site is a 0.51 acre parcel corner of Fairview Street and MacArthur use designation for the site is General within the Arterial Commercial (C-5) currently developed with a 2,200 squa~ drive-through service. Surrounding lay north and south, residential to the ea (Exhibits 1 and 2). EXHIBIT A of land located on the southeast Boulevard. The General Plan land Commercial (GC), and it is located zoning district. The site is e foot fast-food restaurant with .d uses include commercial to the st and Calvary Chapel to the west 31 B-2 CUP Nos. 2009-03 and 2009-04 Variance No. 2009-01 March 9, 2009 Page 2 Project Description Sonic Drive-in is a nationally recognized fast-food establishment with over 3,500 restaurants nationwide. Sonic Drive-ins are unique from other fast-food establishments in that curb-side speakers allow patrons to order their food directly from their vehicles, with food delivered to the car by a car-hop. The proposed Sonic Drive-in will provide 18 drive-in stalls, as well as outdoor seating for 36 patrons in addition to the drive-through lane. There is no seating provided within the 1,536 square foot building (Exhibit 3). The existing drive-through restaurant will be demolished and replaced by a new building. The new building will feature a large arched metal canopy covering the outdoor dining area to complement the dark slate the which will be used on a tower feature and along the base of the building. The remainder of the building will be stucco with a decorative cornice extending around the parapet (Exhibit 4) The arched metal canopy design is replicated on the drive-in stalls located on either side of the building as well as the trash enclosure located at the southeast corner of the property. The design is intended to provide a modern twist on the classic drive-in restaurant design while still providing an attractive outdoor seating area. Access to the site is currently taken from three drive-ways, one located on Fairview Street and the other two on MacArthur Boulevard. As part of the design, Sonic is proposing to eliminate the second driveway on MacArthur Boulevard in order to simplify traffic circulation on site. The building location in the center of the property and use of angled drive-in stalls results in a one-way circulation pattern around the site. Colored concrete and a landscape island will be utilized to clearly separate the drive-through lane from the drive aisles. Analysis of the Issues After-hours Operation In January 1994, the City Council adopted Ordinance No. NS-2213 requiring a conditional use permit for any eating establishment open any time between the hours of 12:00 a.m. and 5:00 a.m. and that is within 150 feet of any residentially zoned or used property. Since the proposed restaurant is situated on a parcel of land that is directly adjacent to residential property to the east and the drive-through is proposed to 31 B-3 CUP Nos. 2009-03 and 2009-04 Variance No. 2009-01 March 9, 2009 Page 3 operate on a 24-hour basis, a conditional use permit is required. The drive-in stalls and outdoor dining areas will be closed for after-hours use and are not part of the conditional use permit request. In reviewing applications for after-hours operation, the Planning Division considers several criteria to determine the feasibility of the request. These criteria include the crime rate of the area, the nature of the establishment, the surrounding land uses and development or operational conditions to address any potential concerns to nearby residents. 1. Crime rate of the area - The restaurant is located within Reporting District No. 90, which ranks 76th out of 102 Citywide Districts making it average in police related incidents. This ranking is based on the total number of calls for service in the reporting district compared to all other reporting districts. The Police Department has reviewed the proposal and has added conditions of approval that are intended to address any potential concerns regarding the after-hours use at this location. 2. Type of establishment (fast-food, sit-down, drive-up window) - Sonic Drive-In is a 1,536 square foot fast-food restaurant with a proposed drive-through service. Outdoor seating for 36 patrons is provided as well as 18 drive-in parking stalls. Sonic maintains five employees during regular operating hours and is proposing to reduce their staff to three employees during after-hours operation. The drive-through will operate 24-hours a day while the drive-in stalls and outdoor seating area will close at 10:00 p.m. The reduction of service to drive-through only and the level of after-hours staffing will serve as a deterrent and reduce the potential for criminal activity. 3. Surrounding land uses - The site is surrounded by commercial to the north and south, the parking lot for Calvary Chapel to the west and multi-family residential to the east. Several other fast-food and casual dining restaurants exist in the center to the north of the project including Subway, Rubios Baja Grill, McDonald's and Pick-up- Stix. Currently, none of these establishments offer after-hours service. The restaurant's location adjacent to two major arterial streets as well as the limited late night dining opportunities makes this an appropriate location for an after-hours use. 31 B-4 CUP Nos. 2009-03 and 2009-04 Variance No. 2009-O1 March 9, 2009 Page 4 4. Potential areas of concern - Staff has identified noise and loitering as two potentially negative outcomes associated with the after-hours operation. In order to address these concerns, staff has added conditions requiring the outdoor dining and drive-in function to cease operation at 10:00 p.m., and the installation of signage on the drive-in stalls adjacent to the residential property requesting vehicles to be considerate to the neighboring property. Additionally, the applicant will be required to raise the height of the wall adjacent to the residential properties from five to six feet and orient the drive-through speaker to face away from the residences. Finally, the applicant has performed a noise study on the subject property and found that the ambient noise level created along MacArthur Boulevard and Fairview Street will exceed the noise generated by the restaurant use (Exhibit 5). In addition to the items outlined above, staff has included several additional conditions of approval aimed at further minimizing any potentially negative impacts on the adjacent properties. Finally, staff has added a provision that the conditional use permit be reviewed after 90 days, six months, one year and then annually to make any modifications necessary. The approval of after-hours operation at this site will support Policy 2.2 of the Land Use Element of the General Plan which encourages land uses that accommodate the City's needs for goods and services by providing an after-hours dining option for motorists. Drive -through Window Service Drive-through window service is considered a critical operational component of a fast food restaurant as it can generate up to 50 percent or more of the total sales of a restaurant and provide an added convenience to patrons. The applicant has applied for a conditional use permit to allow drive- through window service for the project. This 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, several site design and mitigation measures have been incorporated into this project. The on- site vehicular circulation has been designed to avoid conflicts between vehicles in the drive aisle and the drive-through lanes through the use of colored concrete and a landscape island. The stacking lanes have been 31 B-5 CUP Nos. 2009-03 and 2009-04 Variance No. 2009-01 March 9, 2009 Page 5 designed in order to prevent the stacking of vehicles onto Fairview Street and MacArthur Boulevard. Additionally, Sonic utilizes a "bump-out" drive- through system that allows patrons who have small orders to receive their food, pay and then leave the drive-through lane before reaching the drive- through window. This operational characteristic has been shown to dramatically reduce the time vehicles spend in the drive-through lane which will further decrease any impacts the drive-through might have with on-site circulation. Finally, the aesthetic issues related to the drive- through lane have been addressed by the installation of bermed landscaping and a decorative hedge that will reduce the visual impact of the drive- through lane to traffic traveling on Fairview Street and MacArthur Boulevard. Landscape Variance The applicant is also requesting a variance to allow a reduction in side yard landscaping on the site. Section 41-372 (b) of the Santa Ana Municipal Code requires a landscaped area adjacent to a residential use be not less than five feet while only one foot of landscaping is provided. The property's location along two major arterial streets and adjacency to two built-out properties has resulted in a site plan that is unable to meet the side yard landscaping requirement established by the Municipal Code without causing a deficiency in another aspect of the site. The site has provided the required 15-foot landscape setbacks along MacArthur Boulevard and Fairview Street as well as the required landscape planters within the parking lot. Additional landscaping has also been provided in a landscape island adjacent to the drive-through lane and landscape planters in the outdoor seating area. The intent of the five-foot landscape setback for side yards adjacent to residential properties is to provide an aesthetically pleasing visual buffer for those properties from the commercial uses. Although the adjacent residential property is separated from the project site by an existing 20-foot alley, in order to further improve the buffer, the applicant is being required to raise the height of the wall separating the two properties from five to six feet and plant decorative vines at eight-foot intervals to create an attractive visual buffer between the parking lot and the residential property. On February 25, 2009 a meeting was held with Thornton Park Neighborhood Association to discuss the proposed project. Representatives from Sonic presented the proposed site plan, landscape plan and elevations for the project. Several questions were raised regarding the timeline for the 31 B-6 CUP Nos. 2009-03 and 2009-04 Variance No. 2009-O1 March 9, 2009 Page 6 project's development and the mitigation measures being taken to protect the residents to the east of the project. Staff presented several of the proposed conditions of approval intended to prevent any negative impacts on the adjacent residential including the raising of the block wall and limiting after-hours operation to drive-through only. Staff also answered several questions relating to the number and type of entitlements that the Sonic was requesting. The approval of a Sonic Restaurant at this location supports Policy 1.10 of the Land Use Element which encourages commercial development at arterial roadway intersections in commercial districts. It also supports Policy 2.8 of the Land Use Element which promotes the rehabilitation of commercial properties in the City. Based on the analysis of the project, findings of fact, conditions of approval, compatibility with the City's General Plan and applicable development standards, staff recommends the Planning Commission approve Conditional Use Permit Nos. 2009-03 and 2009- 04, and Variance No. 2009-01 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15303. This Class 3 exemption allows for the construction of a restaurant not exceeding 2,500 square feet in floor area. Categorical Exemption Environmental Review No. 2008-139 will be filed for this project. 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N~ ~~Q' 92. C(V11- Q, F O~ CA~~kO October 8, 2008 MD: rtq/RK6860 lN:206 J-2008-04 EXHIBIT 5 31 B-12 1.0 Executive Sumrnar This acoustical analysis and design evaluates the potential noise impacts and necessary mitigation measures for the Sonic Drive-In Project. The project is located at the southeast corner of Fairview Street and MacArthur Boulevard in the City of Santa Ana, as indicated in Exhibit A. The site plan used for this analysis, provided by MCG ARCHITECTS, is presented in Exhibit B. The proposed project would replace an existing restaurant with a 1,536 square foot building and a 456 square foot patio with a menu board, along with approximately 17 drive-up menu boards with speakerphones. The noise regulations for the project site are listed in the Noise Standard section of the study. The noise ordinance relates to "stationary" noise sources as stipulated in Appendix A. A detailed list of required and recommended noise control measures is presented in the Summary of Mitigation Requirements section of this study {also graphically illustrated on Exhibit D). The noise control analysis and recommendations in this study are intended to satisfy the City of Santa Ana Conditions of Approval, with respect to this project. 1.1 Stationary Noise Analysis The stationary noise impacts associated with the proposed project would include noise from the drive-up speakerphones and speakerphones in the patio areas. To approximate the noise levels associated with the proposed project, noise level data from existing Sonic Drive-In restaurants with similar parameters were collected and is presented in Appendix C. The noise levels associated with stationary noise such as speakerphone activities were monitored by RIC. These referenced noise levels can be found in Table 2 and are used as the reference noise levels. To help assess the potential noise impacts of the proposed project, four (4) short-term noise measurements were taken at or near the project site (two (Z) 1-1 31 B-13 during the daytime hours (7AM - 10PM) and two (2) during the nighttime hours (10PM- 7AM)). Short-term noise monitoring location 1 (ST-1) is located on the project site's property approximately 10 feet from the eastern property line and 110 feet from the centerline of MacArthur Boulevard. ST-1 describes the noise environment associated existing project site. ST-2 is located 10 feet from the residential units directly east of the project site. ST-2 describes the noise environment associated with the residential units at the ground floor level. Both ST-1 and ST-2 indicate the typical ambient noise levels during the daytime and nighttime hours. Traffic noise is the predominant noise source impacting the adjacent residential units. The noise measurements conclude that the residential units (located approxima#ely 30 feet from the project site's eastern property line) existing noise environment is exceeded by the surrounding ambient noise levels. The City's noise ordinance is violated by pass-by vehicular traffic and the surrounding environment. The City noise code states that in the event the ambient noise levels exceed the noise ordinance, the maximum allowable noise level shall be increased to reflect the maximum ambient noise level. By including the referenced and measured noise levels associated with the ambient noise conditions near and around the project site, future noise levels were calculated. The projected noise levels propagating from the Sonic Drive-In to the residential units were calculated by adding logarithmically the projected Sonic Drive-In noise levels to the corresponding noise levels during the different daytime and nighttime hours. These future noise levels were compared to City of Santa Ana's noise ordinance, Tables 3 through 6 indicate the anticipated exterior/interior! day and night noise levels associated with the proposed project. The calculated first and second floor exterior noise levels during the day and night hours are expected to range from 53.5 to 61.6 dBA Leq. The calculated first and second floor interior noise levels during the day and night hours are expected to have a maximum noise level range of 47.0 to 55.6 dBA Lmax. The tables also indicate the expected change in noise level as a 1-z 31 B-14 result of the proposed project. The change in noise level is minimal when compared to the existing noise environment. The results of the stationary noise analysis indicate that noise levels associated with the project site will not exceed the City's exterior noise ordinance because there are no usable exterior livable areas (backyards or balconies 6 feet deep or mare} adjacent to the project site. The City's interior noise ordinance will be exceeded for all second floor units facing the project site during nighttime (10 PM - 7AM} operations. 1-3 31 B-15 KO- 3/10/09 RESOLUTION NO. 2009-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-03 AS CONDITIONED TO ALLOW THE OPERATION OF AN EATING ESTABLISHMENT BETWEEN THE HOURS OF 12:00 A.M. AND 5:00 A.M.; CONDITIONAL USE PERMIT NO. 2009-04 AS CONDITIONED TO ALLOW ADRIVE-THROUGH WINDOW SERVICE AND VARIANCE NO. 2009-01 AS CONDITIONED TO ALLOW A REDUCTION IN SIDE YARD LANDSCAPE FOR THE PROPERTY LOCATED AT 3531 SOUTH FAIRVIEW STREET 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. Applicant is requesting approval of a conditional use permit to operate a restaurant between the hours of 12:00 a.m. and 5:00 a.m., a conditional use permit to allow adrive-through window service at the restaurant and a variance to reduce the side landscaping for the property located at 3531 South Fairview Street. B. Conditional Use Permit No. 2009-03, Conditional Use Permit No. 2009-04 and Variance No. 2009-01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 9, 2009. C. Conditional Use Permit No. 2009-03 has been filed with the City of Santa Ana seeking to allow a restaurant to operate twenty-four hours a day within the Community Commercial (C1) zoning district. 1. Santa Ana Municipal Code Section 41-365.5 authorizes eating establishment open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty feet of residentially zoned or used property, measured from property line to property line subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Resolution No. 2009-06 Page 1 of 13 31 B-16 Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed after-hours operation will provide an additional amenity to the restaurant and thereby benefit the community by providing extra hours of food service at the eating establishment. Conditions have been placed on the conditional use permit which will mitigate any potential impacts created by the use and ensure that the eating establishment will not negatively affect the surrounding community. ii. 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 proposed late night operation will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts such as noise or loitering and will provide an after-hours dining option for motorists. The Police Department has added appropriate conditions to the project that will prevent it from becoming an attractive nuisance in the future. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 0.51 acre site is currently being used as a fast- food restaurant with drive-through service. The allowance of the after-hours operation will complement the economic stability of the area by providing greater opportunities for generating revenue for the restaurant through the attraction of additional patrons. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant with an after-hours conditional use permit pursuant to Chapter 41 of the Santa Ana Municipal Code. Resolution No. 2009-06 Page 2 of 13 31 B-17 v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's need for goods and services. The extended hours of operation will provide a dining service to the residents of Santa Ana. Additionally, the property is located within the General Commercial general plan land use designation which permits restaurant uses. D. Conditional Use Permit No. 2009-04 has been filed with the City of Santa Ana seeking to allow a restaurant to operate adrive-through window service within the Community Commercial (C1) zoning district. 1. Santa Ana Municipal Code Section 41-365.5 allows eating establishment with adrive-through window service subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed drive-through operation will provide an additional amenity to the restaurant and thereby benefit the community by providing patrons with an additional alternative for food service at the eating establishment. Conditions have been placed on the conditional use permit which will mitigate any potential impacts created by the use and ensure that the eating establishment will not negatively affect the surrounding 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? The proposed drive-through operation will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts such as noise or loitering and will provide a beneficial dining alternative for Resolution No. 2009-06 Page 3 of 13 31 B-18 motorists. The sites landscaping has been designed to help screen the drive-through lane through the use of bermed landscaping on both Fairview Street and MacArthur Boulevard. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 0.51 acre site is currently being used as a fast- food restaurant and drive-through facility. The site plan further enhances the economic stability of the site by incorporating additional on-site stacking for drive- through patrons than what was provided at the existing facility. This improved site plan will complement the economic stability of the area by providing greater opportunities for generating revenue for the restaurant through the attraction and servicing of additional patrons. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant with a drive-through operations conditional use permit pursuant to Chapter 41 of the Santa Ana Municipal Code. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The proposed restaurant and drive-through facility will support Policies 1.10 and 2.8 of the Land Use Element which encourages the rehabilitation of commercial development along major arterial roadways and intersections. The drive-through window will provide an alternative dining service to the residents of Santa Ana. Additionally, the property is located within the General Commercial general plan land use designation which permits restaurant uses. E. Variance No. 2009-01 has been filed seeking to reduce the side yard landscaping from the required five (5) feet as required by Section 41- 372(b) of the Santa Ana Municipal Code to one (1) foot. Resolution No. 2009-06 Page 4 of 13 31 B-19 Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Special circumstances exist in that this lot's location along two major arterial streets and adjacency to two built-out properties prevents the project from being able to meet the side yard setback requirements without resulting in a deficiency in another aspect of the site's requirements. The proposed plan addresses the intent of the side yard setback requirements by increasing the height of the existing wall to six feet and installing decorative vines. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property to be re-developed with a high quality fast-food restaurant which meets all other applicable development standards and is a permitted use in the C- 5zoning district. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed restaurant will have no detrimental impacts on the surrounding properties or neighborhood. The lot is currently developed with afast-food restaurant and drive-through facility which will be demolished and replaced with a similarly scaled nationally recognized fast-food facility. The project has been designed and conditioned to mitigate any potential impacts the new design may have. iv. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No. 2009-06 Page 5 of 13 31 B-20 The proposed use will not adversely affect the General Plan. The proposed restaurant is permitted by the General Commercial land use designation and will support several elements of the General Plan, including Policies 1.10 and 2.8 of the Land Use Element, which encourages the rehabilitation of commercial development along major arterial roadways and intersections. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15303. This Class 3 exemption allows for the construction of a restaurant not exceeding 2,500 square feet in floor area. Categorical Exemption Environmental Review No. 2008-139 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 3531 South Fairview Street: 1. Conditional Use Permit No. 2009-03, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow an eating establishment to be open between hours of 12:00 a.m. and 5:00 a.m. 2. Conditional Use Permit No. 2009-04, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow an eating establishment with drive-through window service. 3. Variance No. 2009-01, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow a reduction in the side yard landscaping from five (5) feet to one (1) foot . These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated March 9, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 9th day of March, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Turner, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Resolution No. 2009-06 Page 6 of 13 31B-21 Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009-06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 9, 2009. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2009-06 Page 7 of 13 31 B-22 Conditions for Approval for Conditional Use Permit No. 2009-03 Conditional Use Permit No. 2009-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 rip or 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. The project shall remain in compliance with Site Plan Review (DP No. 08- 46) except that all twenty-four (24) inch box trees shown on the landscape plan shall be thirty-six (36) inch box trees. 2. Any amendment to these conditional use permits or variance 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. 3. Prior to issuance of a Certificate of Occupancy, signage shall be placed on the drive-in stalls adjacent to the residential properties requesting reduced noise levels in the evenings. 4. All speaker boxes shall comply with the City's noise ordinance. 5. Prior to issuance of a Certificate of Occupancy, the block wall adjacent to the residential properties to the east shall be raised to six feet, except where the wall encroaches into the front yard setback, where it shall be not more than four feet. 6. Prior to issuance of a Certificate of Occupancy, a shared access agreement must be recorded for the reciprocal use of the driveway on Fairview Street. 7. Speaker boxes for the drive-in stalls shall cease operation between the hours of 10:00 p.m. and 6:00 a.m. Resolution No. 2009-06 Page 8 of 13 31 B-23 8. Prior to issuance of a Certificate of Occupancy, bermed landscaping shall be provided in the landscape setbacks along Fairview Street and MacArthur Boulevard. 9. Prior to issuance of a Certificate of Occupancy, decorative vines shall be added to the block wall along the eastern property line at eight-foot intervals. B. Police Department 1. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 2. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 3. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 4. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 5. Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 6. Install a silent armed robbery alarm. 7. There shall be no coin-operated games maintained on the premises at any time. 8. The petitioner(s) shall be responsible for maintaining the premises free of litter. 9. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 10. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. Resolution No. 2009-06 Page 9 of 13 31 B-24 Conditions for Approval for Conditional Use Permit No. 2009-04 Conditional Use Permit No. 2009-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 rip or 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. The project shall remain in compliance with Site Plan Review (DP No. 08- 46). 2. Any amendment to these conditional use permits or variance 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. 3. Prior to issuance of a Certificate of Occupancy, signage shall be placed on the drive-in stalls adjacent to the residential properties requesting reduced noise levels in the evenings. 4. All speaker boxes shall comply with the City's noise ordinance. 5. Prior to issuance of a Certificate of Occupancy, the block wall adjacent to the residential properties to the east shall be raised to six feet, except where the wall encroaches into the front yard setback, where it shall be not more than four feet. 6. Prior to issuance of a Certificate of Occupancy, a shared access agreement must be recorded for the reciprocal use of the driveway on Fairview Street. 7. Speaker boxes for the drive-in stalls shall cease operation between the hours of 10:00 p.m. and 6:00 a.m. 8. Prior to issuance of a Certificate of Occupancy, bermed landscaping shall be provided in the landscape setbacks along Fairview Street and MacArthur Boulevard. Resolution No. 2009-06 Exhlblt B Page 10 of 13 31 B-25 9. Prior to issuance of a Certificate of Occupancy, decorative vines shall be added to the block wall along the eastern property line at eight-foot intervals. B. Police Department 1. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 2. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 3. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 4. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 5. Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 6. Install a silent armed robbery alarm. 7. There shall be no coin-operated games maintained on the premises at any time. 8. The petitioner(s) shall be responsible for maintaining the premises free of litter. 9. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 10. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. Resolution No. 2009-06 Page 11 of 13 31 B-26 Conditions for Approval for Variance No. 2009-01 Variance No. 2009-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 08- 46). 2. Any amendment to these conditional use permits or variance 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. 3. Prior to issuance of a Certificate of Occupancy, signage shall be placed on the drive-in stalls adjacent to the residential properties requesting reduced noise levels in the evenings. 4. All speaker boxes shall comply with the City's noise ordinance. 5. Prior to issuance of a Certificate of Occupancy, the block wall adjacent to the residential properties to the east shall be raised to six feet, except where the wall encroaches into the front yard setback, where it shall be not more than four feet. 6. Prior to issuance of a Certificate of Occupancy, a shared access agreement must be recorded for the reciprocal use of the driveway on Fairview Street. 7. Speaker boxes for the drive-in stalls shall cease operation between the hours of 10:00 p.m. and 6:00 a.m. Exhibit C Resolution No. 2009-06 Page 12 of 13 31 B-27 8. Prior to issuance of a Certificate of Occupancy, bermed landscaping shall be provided in the landscape setbacks along Fairview Street and MacArthur Boulevard. 9. Prior to issuance of a Certificate of Occupancy, decorative vines shall be added to the block wall along the eastern property line at eight-foot intervals. B. Police Department 1. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 2. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 3. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 4. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 5. Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 6. Install a silent armed robbery alarm. 7. There shall be no coin-operated games maintained on the premises at any time. 8. The petitioner(s) shall be responsible for maintaining the premises free of litter. 9. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 10. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. Resolution No. 2009-06 Page 13 of 13 31 B-28