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HomeMy WebLinkAbout2001-30u RESOLUTION NO. 01-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2001-23 TO ALLOW DRIVE-THROUGH WINDOW SERVICE AT A NEW WIENERSCHNITZEL RESTAURANT LOCATED AT 752 EAST DYER ROAD BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission does hereby find, determine and declare as follows: A. Conditional Use Permit No. 2001-23 has been filed with the City of Santa Ana seeking to allow drive-through window service at a new Wienerschnitzel located at 752 East Dyer Road, in the City of Santa Ana, as a conditional use. B. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain • findings. C. The Planning Commission held a duly noticed public hearing on July 9, 2001, for Conditional Use Permit No. 2001-23. D. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 01-36 has been prepared for the Project. 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 for Environmental Review No. 01-36 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Mitigated Negative Declaration 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 mitigated 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 approves Conditional Use Permit No. 2001-23 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 4. The Planning Commission makes and adopts the written findings of fact attached hereto as Exhibit "B" and incorporated herein, in rendering its decision to approve Conditional Use Permit No. 2001-23. ADOPTED this 9th day of July, 2001 by the following vote: AYES: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Richardson, Verino (2) ABSTENTIONS: Commissioners: None (0) • ATTEST: L ra Johns' Secreta " o he Planning Commission APPROVED AS TO FORM: ~; ~ ~~ Christopher G. Norman Assistant City Attorney • • EXHIBIT "A" CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2001-23 Should Conditional Use Permit No. 2001-23 be approved, the project shall comply 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 prior 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 01-19. 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 mitigation measures identified in the Mitigated Negative Declaration Environmental Review No. 01-36 are incorporated as conditions of approval for this project. 4. There shall be three additional 36-inch Canary Island pine trees (Pinus canariensis} planted within the landscaped area found between the proposed loading zone and drive-through lane. (Modified by Planning Commission July 9, 2001.) B. Police Department 1. All pay telephones shall be located inside the licensed premises. . EXHIBIT "B" FINDINGS OF FACT FOR CONDITIONAL USE PERMIT NO. 2001-23 A. 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 facility will provide additional convenience for the fast food restaurant customers, thereby contributing to the long-term success of the facility and an additional service to the community. B. 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 circulation design and layout, which will include landscaping to screen the drive-through lane, will not create an adverse impact or be detrimental or injurious to the overall site or neighborhood. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? • The drive-through restaurant provides a visual upgrade and new economic activity to this area of East Dyer Road. The economic viability of the fast food restaurant and the overall development is increased with the addition of the proposed drive-through window. The overall economic stability of the area will be strengthened with commercial services in the area. D. 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 and drive-through window operation will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and design standards for such facilities. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The drive-through lane at the Wienerschnitzel restaurant is consistent with the General Plan land use designation of Industrial as support commercial, including restaurants, are permitted.