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HomeMy WebLinkAbout1997-22RESOLUTION NO. 97-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CON- DITIONAL USE PERMIT NO. 97-17 TO ALLOW 24 HOUR DRIVE-THROUGH SERVICE AT A RES- TAURANT LOCATED AT 1011 EA5T SEVENTEENTH STREET ~as:77/s/s~ WHEREAS, this Commission held a public hearing on November 10, 1997, on Conditional Use Permit Application No. 97-17, to allow a 24 hour drive-through service at a McDonald's restaurant to be located at 1011 East Seventeenth Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The 24 hour drive-through service at the McDonald's restaurant will contribute to the well being of the community by providing a facility that serves meals between the hours of 12:00 a.m. and 5:00 a.m. The extended hours of the drive-through will also provide additional employment opportunities to the neighborhood and local community. B. That the proposed use will not, 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 24 hour drive-through window is located 200 feet away from the adjacent residential use to mitigate noise impacts to an insignificant level and will not affect those residing in the vicinity. The applicant agrees to provide window lighting in compliance with the City's security ordinance and follow a sweeping/maintenance schedule of the parking lot (See Attachment B). These measures will ensure that the project will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. C. That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area; The 24 hour drive-through window will contribute to the economic viability of the restaurant and contribute to the economic stability and development by providing services and jobs to the surrounding area. D. That the proposed use will comply with the regulations and conditions specified in this chapter for such use; and Approval of the applicant's conditional use permit will bring the property into compliance with all applicable zoning regulations in Chapter 41 of the Santa Ana Municipal Code. E. That the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. The 24 hour operation of a drive-through window service does not alter the commercial use that exists on site and has no impact on the commercial use of this parcel as prescribed by the General Business District (GBD) land use designation. 2. Conditional Use Permit No. 97-17 is hereby approved as conditioned in Attachment A and Attachment B, attached hereto and incorporated herein. ADOPTED this 10 following vote: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ~~~sa...ti,c. ~ day of November 1997, by the Commissioners Nal1e, Oliver,. Verino, Hanna, MacDowell, and Solorio Commissioners None Commissioners Doughty Commissioners None Kenneth Adams Planning Manager Planning and Building Agency TO FORM: .. y A. S atz istant C RESOLUTION NO. 97-22 Page 1 of 2 Conditions of Approval Should Conditional Use Permit No. comply with all applicable sections California Administrative Code, th applicable regulations: 97-17 be approved, the project shall of the Santa Ana Municipal Code, the e Uniform Building Code and all other A. General Conditions 1. Conditional Use Permit No. 97-17 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all applicable regulations. 2. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit 3. 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. B. Planning Division 1. Hours of operation for interior dining are limited to 5:00 a.m. and 12:00 a.m. 2. The operator will maintain cleanliness of the parking areas as prescribed by the attached parking lot sweeping/maintenance schedule affiliated. 3. The rear parking lot must be chained off or secured to prohibit use after dusk. Should the owner decide to use the rear parking lot for parking in the future, lighting must be installed in compliance with the established City standards pertaining to required criteria for safe and adequate parking lot lighting. C. Police Department 1. The existing restaurant and parking lot of the proposed use must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. The exception to this condition is the northern parking lot, as long as that lot is chained off during all hours of darkness. If at any time in the future, that lot is utilized during the hours of darkness, the lighting ATTACHMENT A RESOLUTION NO. 97-22 Page 2 of 2 must be brought up to current City of Santa Ana Building Security Ordinance standards. New light standards cannot be located in required landscape planters. 2. The applicant is 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 cashiers 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. Background music provided shall not be audible beyond the area under the control of the applicant or exceeding the "Clearly Acceptable" levels of exposure as specified by the California Department of Health. 12. The conditional use permit shall be reviewed at six months, at one year, and then annually thereafter by the Police Department for any modification to the conditions of approval. 13. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 14. The noise generated from the drive-through speaker cannot exceed the levels specified in SAMC Section 18-312.