Loading...
HomeMy WebLinkAbout2000-40• Kdo/1 /28/02 RESOLUTION NO. 2000-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 00-02 TO CONSTRUCT A JACK IN THE BOX RESTAU- RANT AND APPROVING CONDITIONAL USE PERMIT NO. 00-20 TO ALLOW DRIVE-THROUGH SERVICE AT THE RESTAURANT LOCATED AT 1730 EAST EDINGER AVENUE 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 November 13, 20009 on Site Plan Review No. 00-02 to construct a new fast food • restaurant within Specific Development No. 69 and Conditional Use Permit No. 00-20, to allow adrive-through service at the newly constructed Jack in the Box restaurant located at 1730 East Edinger, B. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 00-096 will be filed for this project. C. That the site plan, as proposed, is compatible with the architectural character and design criteria for styles found in Specific Development No. 69 and will not be detrimental to the harmonious development of the City or impair the desirability of investment or occupation in the PacificCenter project area. D. 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. Resolution No. 2000-40 Page 1 of 3 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 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 hereby approves Conditional Use Permit No. 00- 20 and Site Plan Review No. 00-02 as conditioned in Exhibit "A" attached hereto and incorporated herein. Resolution No. 2000-40 Page 2 of 3 r~ U ~ ~ ~~ ADOPTED this 13th day of November, 2000. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O tte Deput ity Attorney AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Cribb, Doughty, Mondo, Richardson, Verino (5) None (0) Nalle, Solorio (2) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY • 1, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2000-40 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 13, 2000. Date: U ~~ I~lar~'iing Ission Secretary City of S Ana Resolution No. 2000-40 Page 3 of 3 • Conditions for Approval for Conditional Use Permit No. 00-20 and Site Plan Review No. 00-02 Conditional Use Permit No. 00-20 and Site Plan Review No. 00-02 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 rior 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 1. All proposed site improvements, including all landscaping, must conform to the Site Plan Review approval of DP No. 00-032. 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. 9. There shall be no coin-operated games maintained on the premises at any time. EXHIBIT "A"