Loading...
HomeMy WebLinkAbout2006-26 RESOLUTION NO. 2006-026 KO- 9/5/06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2006-11 AS CONDITIONED TO ALLOW A DRIVE-THROUGH; VARIANCE NO. 2006-03 AS CONDITIONED TO ALLOW THE REDUCTION IN REQUIRED LANDSCAPING ALONG BRISTOL STREET; VARIANCE NO. 2006-04 AS CONDITIONED TO ALLOW THE REDUCTION IN REQUIRED LANDSCAPE PLANTERS; AND VARIANCE NO. 2006-05 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED ON SITE PARKING FOR THE PROPERTY LOCATED AT 2303 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. 2006-11, Variance Nos. 2006-03, 2006-04 and 2006-05 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 28, 2006. B. Conditional Use Permit No. 2006-11 has been filed with the City of Santa Ana seeking to allow adrive- through for the property located at 2303 South Bristol Street. Pursuant to Santa Ana Municipal Code Section 41-377.5(a) which cross-references Section 41-365.5(e), a Conditional Use Permit is required for eating establishments with drive-through window service. 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 Starbucksdrlve-through will contribute • to the general well being of the area by providing a Resolution No. 2006-026 Page 1 of 14 • new restaurant that will service the community, pedestrians and vehicles traveling along Bristol Street and Warner Avenue. 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 drive-through window service will not be detrimental to the health, safety or general welfare of persons working or residing in the area. The circulation, design, and layout of the proposed drive- though lane prevents vehicle stacking extending on to City streets. The drive-through lane complies with City standards for the proposed use with a stacking distance of 80 feet provided from the pick-up window to the order board and an additional 80 feet of stacking provided from the order point to the end of the drive-through lane. This will eliminate the possibility of cars stacking onto Bristol Street or Warner Avenue. In addition, the drive-through lane will be screened by a landscape berm and hedge to help screen vehicles using the drive-through lane and • to minimize glare from vehicle headlights during evening hours. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The new restaurant with drive-through service, in conjunction with upgrades of landscaping and circulation, will provide a visual upgrade to an existing shopping center and will provide new economic activity to this area of Bristol Street and Warner Avenue. The overall economic stability of the area will be strengthened as a result of new investment and commercial services being added to the area. iv. 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 with drive-through window operation will operate in compliance with all applicable provisions of Chapter 41 of the Santa Ana • Municipal Code and design standards for drive- Resolution No. 2006-026 Page 2 of 14 through facilities. The area adjacent to the drive- through lane will be heavily landscaped and the drive- through lane will meet the City's stacking lane requirement of ~ 60 linear feet, as required by code. The proposed project is requesting approval of variances for a reduction in landscaping and parking. Should the variances be approved, the project will be consistent with the requirements of the General Commercial (C-2) zoning district and therefore with the regulations and conditions specified in 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 drive-through lane for Starbucks is consistent with the General Plan land use designation of General Commercial as support commercial uses, including restaurants with drive-through lanes are permitted by right under the General Commercial Land Use Designation. The project supports General Plan Land Use Policy Number 2.7, which promotes the rehabilitation of commercial properties and encourages increased levels of capital investment. C. Variance No. 2006-03 has been filed with the City of Santa Ana seeking to allow a reduction in the required landscaping along Bristol Street for the property located at 2303 South Bristol Street. 1. Pursuant to Santa Ana Municipal Code Section 41-384 which cross-references Section 41-372(a) landscaping of fifteen (15) feet shall be maintained along any property line that abuts a street. 2. 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. The project site is currently developed with commercial uses and associated parking. An existing building and several existing parking spaces encroach into the required 15-foot landscape setback along Resolution No. 2006-026 Page 3 of 14 Bristol Street. Due to the location of existing buildings, drive aisles and the circulation and parking configuration of the site, providing the required landscape setback along Bristol Street would result in the elimination of approximately 19 on-site parking spaces. Eliminating parking to provide additional landscaping in a center that is currently under parked per City standards would deprive the subject property of privileges afforded other shopping centers in the area. Granting of the landscape variance will allow the applicant to use the property in a manner that is consistent with similar commercial uses in the area and afford the subject property the same privileges as other commercial shopping centers in the area. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The property currently operates as a commercial shopping center. The applicant is making an economic investment that will visually enhance and upgrade the site as well as the surrounding area. The granting of the variance will preserve the property owner's ability to develop the property with a restaurant and retail use that will benefit both pedestrians and vehicles traveling along Bristol Street and Warner Avenue. The granting of the variance is necessary to preserve the property owners right to develop their property with a use that will benefit the community and improve and revitalize an older existing shopping center. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The applicant is making an economic investment in their property that will likely stimulate additional economic investment in the area. Granting of the variance will allow the applicant to utilize their property in a manner that is consistent with similar surrounding commercial uses and therefore would not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2006-026 Page 4 of 14 iv. That the granting of a variance will not adversely affect the • General Plan of the City. The granting of the landscape variance would not adversely affect the General Plan of the City. The General Plan designation for the area is General Commercial which allows the commercial development that is proposed on the site. Since landscaping is ancillary to the primary use of the property as a commercial shopping center, the granting of a variance for a reduction of landscaping along Bristol Street would under the circumstances of this particular case have no adverse affect on the General Plan of the City. D. Variance No. 2006-04 has been filed with the City of Santa Ana seeking to allow a reduction in the required landscape planters for the property located at 2303 South Bristol Street. Pursuant to Santa Ana Municipal Code Section 41-372(d) and the Commercial Area Landscape requires landscape planters for the parking area. • 2. 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. Due to existing site constraints including the size and location of existing buildings on the property, drive aisles, circulation and parking configuration, providing 42, 8'/2 feet wide by 18 feet long landscape planters would substantially reduce parking in a shopping center already deemed under parked per City parking codes. The removal of parking would impact the economic viability of the shopping center which would deprive the subject property of privileges afforded other legal non-conforming shopping centers in the area. Resolution No. 2006-026 Page 5 of 14 ii. That the granting of a variance is necessary for the • preservation and enjoyment of one or more substantial property rights. Providing landscape planters within the shopping center parking lot would result in a loss of parking within the commercial center. The- granting of the variance is necessary to preserve the property owners right to develop their property with a use that will benefit the community and improve and revitalize the existing shopping center without further reducing parking in a center currently under parked per City standards. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance for a reduction of landscape planters within the shopping center parking lot would not be detrimental to the public welfare or injurious to surrounding property. The applicant is making an economic investment in their property • which should stimulate other investment in the area. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the landscape variance would not adversely affect the General Plan of the City. The General Plan designation for the area is General Commercial which allows the commercial development that is proposed on the site. Since landscaping is ancillary to the primary use of the property as a commercial shopping center, the granting of a variance for a reduction of landscaping Bristol Street would under the circumstances of this particular case have no adverse affect on the General Plan of the City. E. Variance No. 2006-05 has been filed with the City of Santa Ana seeking to allow a reduction in the required off-street parking for the property located at 2303 South Bristol Street. Pursuant to Santa Ana Municipal Code Article XV 486 parking spaces are required for the shopping center. Only 472 spaces Resolution No. 2006-026 Page 6 of 14 have been provided. As such a variance of 14 off-street parking spaces is requested by the applicant. 2. 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. The Bristol Warner Village shopping center is a contained site surrounded by existing commercial development. The size and shape of the property can support an additional building as proposed by the applicant. RK Engineering Group Inc., Traffic Engineers, has prepared a shared parking analysis and has determined that sufficient parking is available for the project during times of peak demand. Granting of the parking variance will allow the applicant the ability to utilize their property in a manner that is consistent with similar surrounding commercial and professional uses in the area. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the parking variance will preserve the property owners right to develop the property with a new restaurant/retail building that is consistent with development allowed in the General Commercial (GC) zoning district. The new building provides an upgrade to an older legal non-conforming shopping center and preserves the property owners right to upgrade and develop their property. • iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The findings of the parking study completed by RK Engineering Group Inc., Traffic Engineers, indicate that there will be adequate parking on the subject site at times of peak demand and therefore, the granting Resolution No. 2006-026 Page 7 of 14 of the variance fora 14-space parking reduction will • not be materially detrimental to the public welfare or injurious to surrounding property. Granting of the variance will allow the applicant to utilize their property in a manner that is consistent with similar surrounding commercial uses. iv. That the granting of a variance will not adversely affect the General Plan of the City. The Granting of the parking variance would not adversely affect the General Plan of the City. The property in question is located within the General Commercial General Plan designation which permits the commercial use proposed by the applicant. Since parking is ancillary to the primary use of the property as a commercial shopping center, the granting of a parking variance would under the circumstances of this particular case, have no adverse affect on the General Plan of the City. F. This project was reviewed in accordance with the guidelines for the California Environmental Quality Act. The recommendation is exempt • from further review pursuant to Section 15303. This Class 3 exemption allows the construction of a store, motel, office, restaurant or similar structure in urban areas not exceeding 10,000 square feet of floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances, where all public services and facilities are available and the surrounding area is not environmentally sensitive. Categorical Exemption Environmental Review No. 2006-107 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves: 1. Conditional Use Permit No. 2006-11 as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow an eating establishments with drive-through window service. 2. Variance No. 2006-03 as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow a reduction in the required landscaping along Bristol Street. 3. Variance No. 2006-04 as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in the required landscape planters. Resolution No. 2006-026 Page 8 of 14 • 4. Variance No. 2006-05 as conditioned in Exhibit "D" attached hereto and incorporated herein to allow a fourteen (14) space reduction in the required off-street parking. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated August 28, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of August, 2006 by the following vote: AYES: Commissioners: Benavides, Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christo er Leo Chair an APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant Ci Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2006-026 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 28, 2006. ~f Date: ~ i ~~ Pla Wing Commission Secr ry City of Santa Ana Resolution No. 2006-026 Page 9 of 14 Conditions for Approval for Conditional Use Permit No. 2006-11 Conditional Use Permit No. 2006-11 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip or to exercising the rights conferred by the 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. 2005-38. 2. Any amendment to the conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if • administrative relief is available or if the conditional use permit must be amended. 3. The berm and proposed landscaping surrounding the drive-through lane must consist of mature landscaping that will be maintained and adequately screen the drive-through lane. 4. All driveway entrance/exit pavement treatments for the shopping center shall match the new decorative driveway entrance/exit pavement approved for the new construction. 5. The applicant shall provide a plan approved by staff that will add additional trees and landscaping to the shopping center parking lot without reducing the number of parking spaces. Resolution No. 2006-026 Page 10 of 14 Conditions for Approval for Variance No. 2006-03 Variance No. 2006-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip or to exercising the rights conferred by the 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2005-38. 2. All landscaping on the site shall be maintained in the same condition as when it was installed and shall be maintained with at least the same numbers and types of trees and plant material as indicated on the approved landscape plan. p g p g, pot holes and stripping shall be repaired when • 3. All arkin lot avin necessary and maintained as part of a regularly scheduled maintenance program. 4. All new trees added to the site shall be upgraded from 24-inch box trees to 36-inch box trees as shown on the landscape plan. 5. All driveway entrance/exit pavement treatments for the shopping center shall match the new decorative driveway entrance/exit pavement approved for the new construction. 6. The applicant shall provide a plan approved by staff that will add additional trees and landscaping to the shopping center parking lot without reducing the number of parking spaces. Resolution No. 2006-026 Page 11 of 14 Conditions for Approval for Variance No. 2006-04 Variance No. 2006-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip or to exercising the rights conferred by the 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 All proposed site improvements must conform to the Site Plan Review approval of DP No. 2005-38. 2. All landscaping on the site shall be maintained in the same condition as when it was installed and shall be maintained with at least the same numbers and types of trees and plant material as indicated on the approved landscape plan. • 3. All parking lot paving, pot holes and stripping shall be repaired when necessary and maintained as part of a regularly scheduled maintenance program. 4. All new trees added to the site shall be upgraded from 24-inch box trees to 36-inch box trees as shown on the landscape plan. 5. All driveway entrance/exit pavement treatments for the shopping center shall match the new decorative driveway entrance/exit pavement approved for the new construction. 6. The applicant shall provide a plan approved by staff that will add additional trees and landscaping to the shopping center parking lot without reducing the number of parking spaces. Resolution No. 2006-026 Page 12 of 14 Conditions for Approval for Variance No. 2006-05 • Variance No. 2006-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rid or to exercising the rights conferred by the 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2005-38. 2. The parking reduction shall not exceed 14 spaces (2.9 percent). 3. All landscaping on the site shall be maintained in the same condition as when it was installed and shall be maintained with at least the same • numbers and types of trees and plant material as indicated on the approved landscape plan. 4. All parking lot paving, pot holes and stripping shall be repaired when necessary and maintained as part of a regularly scheduled maintenance program. 5. All new trees added to the site shall be upgraded from 24-inch box trees to 36-inch box trees as shown on the landscape plan. 6. All driveway entrance/exit pavement treatments for the shopping center shall match the new decorative driveway entrancelexit pavement approved for the new construction. 7. The applicant shall provide a plan approved by staff that will add additional trees and landscaping to the shopping center parking lot without reducing the number of parking spaces. Exhibit D Resolution No. 2006-026 Page 13 of 14 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. l served the foregoing document described as: Resolution No. 2006-026 Conditional Use Permit 2006-11 Variance Nos. 20 - an -05 in t is action y p acing a true copy t ereo enc ose m sea a enve opes a resse as follows: Dave Sandel NewMark Merrill Companies 5850 Canoga Avenue, Suite 650 Woodland Hills, CA 91367 [ ] 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 September 14, 2006 at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2006-026 Page 14 of 14