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HomeMy WebLinkAbout2003-08C7 RESOLUTION NO.2003-08 bk:03/18/03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-02 FOR A COMBINATION KENTUCKY FRIED CHICKEN/LONG JOHN SILVER'S RESTAURANT WITH DRIVE-THROUGH WINDOW SERVICE AT 1301 EAST SEVENTEENTH STREET C7 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. The Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2001-191 and Conditional Use Permit No. 2003-02 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on March 10, 2003. B. Conditional Use Permit No. 2003-02 has been filed with the City of Santa Ana seeking to allow the use of a combination Kentucky Fried Chicken/Long John Silver's Restaurant with drive-through window service at 1301 East Seventeenth Street. C. 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 restaurant with drive-through window service will provide a service to the community by providing additional dining opportunities in the area. The drive-through lane will provide an added convenience to shoppers and diners using the restaurant. • ii. Will the proposed particular case be general welfare of vicinity? use under the circumstances of the detrimental to the health, safety, or persons residing or working in the Resolution No. 2003-08 Page 1 of 4 The proposed restaurant with drive-through window service will not be detrimental to persons residing and working in the area as perimeter landscaping for this site, which incorporates a landscape berm and trees, will screen the drive-through lane from Seventeenth Street and reduce light and glare from vehicles using the drive-through lane. Additionally, the on-site vehicular circulation system is designed to avoid conflicts on-and off-site. The on-site circulation will allow additional stacking within the site thereby avoiding impacts to the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The fast food restaurant with drive-through window service will generate City tax revenue and employment in the community. During the hours proposed, the use provides services that compliment surrounding businesses and, as conditioned, will not adversely affect economic development or stability of 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 service will be in compliance with the applicable sections of Chapter 41 of the Municipal Code with an approved conditional use permit for the drive-through window service. The use will also comply with all applicable County and State provisions, including health codes and ADA requirements. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed fast-food restaurant with drive-through window service is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the Community Commercial (C1) zoning district that allows retail and service uses. • Resolution No. 2003-08 Page 2 of 4 • Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigation negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. • Section 3. The Planning Commission after conducting the public hearing and being fully advised hereby approves Conditional Use Permit No. 2003-02 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 10th day of March, 2003 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) ~~ ~~_ Alexander Nalle -Chairperson • Resolution No. 2003-08 Page 3 of 4 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Be ' mi auf Clytef sistant Ci Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2003-08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 10, 2003. Date: ~ 2 ` r~~' • • Resolution No. 2003-08 Page 4 of 4 Conditions for Approval for Conditional Use Permit No. 2003-02 Conditions for Approval Conditional Use Permit No. 2003-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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. Planningt Division 1. The project shall remain in compliance with Site Plan Review DP No. 01- 71. • 2. The standing seam metal roof shall be replaced with the roof to match the adjacent Walgreens building. 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. Drive-through use to be until 11:00 p.m. on Fridays and Saturdays and until 10:00 p.m. Sundays through Thursdays. (Modified by the Planning Commission on March 10, 2003.) 5. Review of Conditional Use Permit at 90 days, 6 months and 1 year to assess operations and any impacts on adjacent neighbors. (Modified by the Planning Commission on March 10, 2003.) 6. Review and approval of final landscape plan by the Planning Commission. (Modified by the Planning Commission on March 10, 2003.) EXHIBIT "A" Page 1 of 3 • 7. Prepare and submit for staff approval photometric study which study shall extend into the adjacent residential neighborhoods. (Modified by the Planning Commission on March 10, 2003.) 8. Staff to review trash enclosure designs to ensure they prevent transmission of odors. (Modified by the Planning Commission on March 10, 2003.) MITIGATION MEASURES 9. A combination of berms and hedges need to be provided in the front yard setback area to screen the drive-through aisle and reduce glare onto Seventeenth Street. 10. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. 11. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during • Stage 1 or Stage 2 smog episodes. 12. Streets surrounding the project site should be cleaned at the end of each day of construction. 13. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 14. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 15. To the extent feasible, equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 16. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 17. Prior to issuance of grading permit, the applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. • EXHIBIT "A" Page 2 of 3 • 18. Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. a. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. b. Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non- structural Best Management Practices, which may apply to this project. 19. Building plans shall reflect that the proposed project is fitted with a grease interceptor to the size and capacity as designated by the Building and Safety Division of the City of Santa Ana to Mitigate impacts on the local sanitary sewer system and regional water quality. Such grease interceptor shall be regularly maintained so as to remain fully functional. 20. Building plans and Grading plans for the proposed project shall reflect "Construction noise shall be limit to the hours of 7 AM to 8 PM Monday • through Saturday, and not permitted on Sundays or federal holidays". B. Police Department 1. All payphones shall be located inside the premises. 2. If at a future date the applicant decides to operate between the hours of 12:00 midnight and 5:00 a.m., they will be required to apply for the appropriate conditional use permit. 3. There shall be no coin-operated games maintained on the premises at any time. • EXHIBIT "A" Page 3 of 3