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HomeMy WebLinkAbout2000-08RESOLUTION NO. 00-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CON- DITIONAL USE PERMIT NO. 00-01 TO ALLOW 24 HOUR USE AND DRIVE-THROUGH SERVICE AT A JACK IN THE BOX RESTAURANT LOCATED AT 3710 SOUTH BRISTOL STREET GAS:2/29/00 WHEREAS, this Commission held a public hearing on March 13, 2000, on Conditional Use Permit ApplicationNo. 00-01, to allow a 24 hour use and drive-through service at a Jack in the Box restaurant located at 3710 South Bristol Street. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing, this Council finds and determines as follows: 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 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 as well as potentially reduce the need for on-site parking. 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 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 24-hour window operation. C. 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 will identify the site as a stable, viable location for businesses to operate and will provide additional tax revenue to the City. 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, including Ordinance Nos. NS-1993 and NS-2213. The use will also comply with all applicable county and State provisions, including ADA requirements. E. 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 District Center (DC) designation. 2. Conditional Use Permit No. 00-O1 is hereby approved as conditioned in Attachment A, attached hereto and incorporated herein. ADOPTED this 13 day of March , 2000, by the following vote: AYES: Commissioners Mondo, Solorio, Verino, and Cribb NOES: Commissioners None ABSENT: Commissioners Doughty, Nalle, and Richardson ABSTENTIONS: Commissioners None ATTEST: Kenneth Adams Planning Manager Planning and Building Agency APPROVED AS TO FORM: RESOLUTION NO. 00-08 MARCH 20, 2000 PAGE 1 OF 2 Conditions for Approval Conditional Use Permit No. 00-01 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 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, including all landscaping, must conform to the Site Plan Review approval of DP No. 98- 26. 2. The conditional use permit becomes null and void if the City Council does not approve Amendment Application No. 00-O1 for the rezoning of the parcel. 3. The conditional use permit becomes null and void if the City Council does not approve Variance No. 00-02 to allow a reduction in required parking. 4. This conditional use permit will not become effective until 30 days after the second reading of the ordinance approving Amendment Application No. 00-O1. 5. All mitigation measures identified in the Mitigated Negative Declaration (ER No. 98-49) are incorporated as conditions of approval for this project. ATTACHMENT A RESOLUTION NO.00-08 MARCH 20, 2000 PAGE 2 OF 2 8. Police Department 1. The noise generated from the speaker for the drive-through window operation cannot exceed the levels specified in Santa Ana Municipal Code Section 18-312. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. 6. A timed-access cash controller must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 11. The Conditional Use Permit shall be reviewed at ninety days, six months, at one year, and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering/Trespass" signs/placards in both English and Spanish shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602.