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HomeMy WebLinkAbout2007-43RESOLUTION NO. 2007-43 KO- 12/17/07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-23 TO ALLOW AN EATING ESTABLISHMENT WITH DRIVE-THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 2511 SOUTH BRISTOL 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. Conditional Use Permit No. 2007-23 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 10, 2007. B. Conditional Use Permit No. 2007-23 has been filed with the City of Santa • Ana seeking to allow an eating establishment with drive-through window service at 2511 South Bristol Street C. Pursuant to Santa Ana Municipal Code Section 41-365.5, a Conditional Use Permit is required for an eating establishment with drive-through window service. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission 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 community? The addition of a conditional use permit to the existing restaurant with the drive-through window service will ensure that the business will continue to positively contribute to the surrounding community. The conditions of approval will require that the site be maintained as approved by the City. Additionally, the Police Department will include conditions of approval to ensure that the site remains both safe and free of criminal activities. Policy 2.9 of the Land Use Element encourages commercial developments that are both safe and attractive. Resolution No. 2007-43 Page 1 of 7 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 proposed conditional use permit for the drive-through restaurant will not be detrimental to persons residing or working in the area. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The Carl's Jr. Restaurant is currently operating at the project site. The site is located along the Bristol Street Commercial Corridor and is surrounded by commercial properties. Additionally, there are several drive-through restaurants near the project site. Lastly, the proposed use is consistent with the requirements of the Santa Ana Municipal Code. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed project involves the expansion and remodel of an existing commercial building. The project will involve a large capital improvement that will create an attractive and safe eating establishment with drive-through window service. • The proposed improvements support Policy 2.8 of the Land Use Element that encourages investment in and the rehabilitation of commercial properties. The rehabilitation will positively affect the streetscape of the Bristol Street commercial corridor and will create a positive economic benefit to the surrounding community. Lastly, this project is one of several commercial property rehabilitation improvements within the surrounding properties. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed restaurant with the drive-through window will comply with all the regulations and conditions of the City's zoning code. As part of the expansion and remodel of the existing restaurant, improvements to the site will allow the property to meet all the commercial development and landscape standards. 5. 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 subject site is located within an area designated with the Resolution No. 2007-43 Page 2 of 7 • General Plan land use designation as General Commercial. Additionally, the site is located within an established commercial area of the City and is with the Bristol Street Commercial Corridor District. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with minimal expansion of the existing use. Categorical Exemption Environmental Review No. 2007-69 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-23 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated December 10, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of December, 2007 by the following vote: AYES: Commissioners: Betancourt, Gartner, Leo, Mill, Munoz (5) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Alderete, De La Torre (2) :, ~, Christop er Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:~ ~ Kylee Otto Assistant Ci y Attorney Resolution No. 2007-43 Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-43 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 10, 2007. Date: /r 6 Planning Commission Secreta City of Santa Ana Resolution No. 2007-43 Page 4 of 7 • Conditions for Approval for Conditional Use Permit No. 2007-23 Conditional Use Permit No. 2007-23 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. 07- 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. 3. All landscaping shall be installed and maintained in accordance with the approved landscaping plan. 4. That the proposed driveway paving shall be similar to the paving installed at the commercial center north of the project site. B. Police Department 1. Existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Cash register must be visible from the street at all times and shall not be • obstructed at any time by temporary or permanent signage. Resolution No. 2007-43 Page 5 of 7 Exhibit A • 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise. 6. Atimed-access cash controller must be installed. 7. Interior displays and racks must be kept to a maximum of five feet including merchandise. 8. Install a silent armed robbery alarm. 9. There shall be no coin-operated games or pool tables maintained on the premises at any time. 10. All pay telephones shall be located inside the licensed premises. 11. The petitioner(s) shall be responsible for maintaining the premises free of litter and graffiti. • 12. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. • Resolution No. 2007-43 Page 6 of 7 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2"d Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2007-43 (Conditional Use Permit No. 20.07-23) in this action by p acing a true copy t ereof encTclin s- eta ec7' enve opes a ressed as follows: Neal Casper Dave McDivett Casper Development Resources CKE Restaurants, Inc. 6405 Lake Kathleen Avenue 401 W. Carl Karcher Way San Diego, CA 92119 Anaheim, CA 92801 Frank Andrews Sr. PO Box 785 Fairfield, CA 94533 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 29, 2008 at Santa Ana, California. MARTHA RAMIREZ • Resolution No. 2007-43 Page 7 of 7