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HomeMy WebLinkAbout2000-70 RESOLUTION NO. 2000-70 Kdo/04/13/02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 00-05 TO CONSTRUCT AN EL POLLO LOCO RESTAU- RANT AND APPROVING CONDITIONAL USE PERMIT NO. 00-29 TO ALLOW DRIVE-THROUGH SERVICE AT THE RESTAURANT LOCATED AT 1720 EAST EDINGER AVENUE r~ ~J 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 Planning Commission held a duly noticed public hearing on January 8, 2001, on Mitigated Negative Declaration and Monitoring Program for environmental Review No. 00-172, Site Plan Review No. 00-05 to construct a new fast food restaurant within Specific Development No. 69 and Conditional Use Permit No. 00-29, to allow adrive-through service at the newly constructed EI Pollo Loco restaurant located at 1720 East Edinger. B. Drive-through service is a use subject to a Conditional Use Permit in Specific Development No. 69. C. 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 that will contribute to the general well being of the neighborhood or the community? The proposed restaurant 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. • 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? Resolution No. 2000-70 Page 1 of 4 • The proposed drive-through lane will not be detrimental to persons residing and working in the area as mitigation measures, such as the use of hedges around the drive- through lane, have been required in order to reduce the impacts generated from the site. Additionally, the restaurant is located over 150 feet from the nearest residential property, thereby reducing the impacts associated with a drive through lane and 24-hour operation. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The development of the site with a successful, well-known restaurant operation will enhance the economic viability of the area as this tenant has identified the site as a stable, viable location for businesses to operate and will provide additional tax revenue to the City. 4. 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, including Ordinance Nos. NS-1993 and NS-2213. The use will also comply with all applicable County and State provisions, including health codes and ADA requirements. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Restaurants and associated uses such as drive- through lanes are permitted in the Industrial land use designation. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the negative declaration 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 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 negative declaration and directs that the Notice of Determination be Resolution No. 2000-70 Page 2 of 4 • • 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. After conducting the public hearing, the Planning Commission hereby approves and adopts the Mitigated Negative Declaration and Monitoring Program for Environmental Review No. 00-172. Section 4. The Planning Commission hereby approves Conditional Use Permit No. 00-29 and Site Plan Review No. 00-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 8th day of January, 2001. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By. ____ Kylee ette Deput ity Attorney AYES: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Richardson, Verino (2) ABSTENTIONS: Commissioners: None (0) Resolution No. 2000-70 Page 3 of 4 • • • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2000-70 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2001. Date: ~~ 2~ nning mission Sec ary ity of nta Ana Resolution No. 2000-70 Page 4 of 4 • Conditions for Approval for Conditional Use Permit No. 00-29 and Site Plan Review No. 00-05 Conditional Use Permit No. 00-29 and Site Plan Review No. 00-05 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 in full with each and every condition listed below riot 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 revocation of the conditional use permit. A. Planning Division All proposed site improvements, including all landscaping, must conform to the Site Plan Review approval of DP No. 00-059. 2. This project shall comply with the mitigation measures outlined in • Environmental Review No. 2000-172. In particular: Mitigation Measures 3. Grading plans for the proposed project shall reflect that during demolishing, earthwork and hauling activities, the contractor shall control fugitive dust emissions by regular watering, or other dust-preventive measures to the extent feasible to comply with SCAQMD Rule 403: a.) All material excavated or graded will be sufficiently watered to prevent excessive amounts 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. b.) All clearing and earthwork activities shall 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. c.) Streets surrounding the project site should be cleaned at the end of each day of construction. d.) All material transported offsite shall either be suffciently watered or securely covered to prevent excessive amounts of dust. • Exhibit "A" • e.) The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. f.) To the extent feasible, equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. g.) To the extent feasible equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. h.) 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. 1.) Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. 2.) 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. • 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. 4. Window displays and racks must be kept to a maximum height of three feet including merchandise. 5. Atimed-access cash controller must be installed. 6. Interior displays and racks must be kept to a maximum of five feet including merchandise. 7. Install a silent armed robbery alarm. 8. All pay telephones shall be located inside the premises. • EXHIBIT "A" • 9. There shall be no coin-operated games maintained on the premises at any time. • • Exhibit "A"