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HomeMy WebLinkAbout2009-06• RESOLUTION NO. 2009-06 KO- 3/10/09 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. 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 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 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. 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 • 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. 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. • 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 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 1. 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 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 9t" 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 ~ ~f ,, ~ C ristop er Leo Chairm n APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By. ~ .s ~`' Kylee Otto; Assistant pity 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. l Date: ,~ Planning Commission Sec eta City of Santa Ana • Resolution No. 2009-06 Page 7 of 13 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 rior 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 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 Conditions for Approval for Conditional Use Permit No. 2009-04 • Conditional Use Permit No. 2009-04 is a roved sub~ect to com liance to the reasonable pp J p , 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 • 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 r~ u 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 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