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HomeMy WebLinkAbout31A - CONDITIONAL USE PERMIT 2011-24 NEW MCDONALDS 1100 SOUTH GRAND AVENUE REQUEST FOR COUNCIL ACTION f~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 17, 2012 TITLE: APPROVED ? As Recommended CONDITIONAL USE PERMIT NO. 2011-24 TO ? As Amended ALLOW A NEW MCDONALDS RESTAURANT ? Ordinance on 151 Reading WITH DRIVE THROUGH WINDOW SERVICE El Ordinance on Reading El Implementing Re Resolution AT 1100 SOUTH GRAND AVENUE - BICKEL ? Set Public Hearing For UNDERWOOD, APPLICANT t f> CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2011-24 as conditioned. PLANNING COMMISSION ACTION On December 12, 2011, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2011-24 as conditioned by a vote of 6:0 (Nalle abstained) to allow drive through window service in conjunction with a new McDonald's Restaurant at 1100 South Grand Avenue located in the Light Industrial (M1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. `7 L 1-1. Jay -M. Trevino Executive Director Planning & Building Agency VF:rb Areports\CURCUP11-24 McDonalds drive thru.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Actioni PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY DECEMBER 12, 2011 APPROVED TITLE: ? As Recommended PUBLIC HEARING - FILED BY BICKEL UNDERWOOD ? As Amended FOR CONDITIONAL USE PERMIT NO. 2011-24 TO ? Set Public Hearing For ALLOW A NEW MCDONALDS RESTAURANT WITH DENIED DRIVE THROUGH WINDOW SERVICE AT 1100 SOUTH ? Applicant's Request GRAND AVENUE ? Staff Recommendation CONTINUED TO Prepared by Vince Fregoso SA--2 V &&A& . 0, Executive Director Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2011-24 as conditioned. Request of Applicant Ron Underwood from Bickel Underwood Architects, representing Fountainhead Development and McDonald's Corporation, is requesting approval of a conditional use permit to allow drive through window service in conjunction with a new McDonald's Restaurant at 1100 South Grand Avenue. Drive through window service requires a conditional use permit pursuant to Section 41-472.5(8) of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description The subject site, located at 1100 South Grand Avenue, is a 1.68-acre property consisting of two parcels that are situated at the northwest comer of McFadden and Grand Avenues. The first parcel, located at the comer of McFadden and Grand Avenues, is approximately 0.52 acres in size and is currently vacant. The second parcel, located just north of the comer parcel, is 1.16 acres in size and is currently improved with an 11,700 square foot, single-story restaurant building that is occupied by the El Cortez Restaurant. Surrounding land uses include various industrial and warehouse uses to the north, south and west, and commercial and industrial uses to the east (Exhibits 1 and 2). Proiect Description The McDonald's Corporation is requesting approval of a conditional use permit to allow drive through window service in conjunction with a new restaurant that win be constructed on the parcel. If approved, the restaurant will be 3,843 square feet in size and is intended to accommodate approximately 40 patrons. A total of 38 parking spaces are required and will be EXHIBIT A 31A-3 Conditional Use Permit No. 2011-24 December 12, 2011 Page 2 provided for the project. In addition, numerous site improvements will be made to bring the site into compliance with code. These include providing a minimum 15 foot landscaped setback along both streets frontages, signage to code and on-site landscaping that exceeds code. To further enhance the project, a pedestrian pathway with enhanced paving and decorative lighting will be installed on the property. Further, the southeast corner of the site (at McFadden and Grand Avenues) will be enhanced with decorative paving and landscaping to provide a unique pedestrian entry to the site. Finally, decorative seating will be provided on McFadden Avenue to accommodate passengers utilizing the adjacent bus line (Exhibits 3, 4, 5 and 6) Project Background In 1961, a new Chevron Service Station was constructed at the corner of McFadden and Grand Avenues. The service station remained operational at this location until March 1992, when demolition permits were issued for its removal. In 1962, permits were issued to allow the construction of a new restaurant building just north of the service station. The site has consistently been used by restaurant uses and is currently occupied by the El Cortez Restaurant. Currently, the El Cortez only operates from Thursday through Saturday nights. General Plan and Zoning Consistency The General Plan land use designation for the site is Industrial (IND), which allows manufacturing, industrial and support commercial and restaurant uses, such as the proposed use. The designation applies to areas of the City which are predominantly industrial in character such as this area of the City. Further, Industrial land use designated areas are vital to the economic health of the City as they provide employment opportunities for local residents and generate municipal revenues for continued economic development. The project site is consistent with this General Plan land use designation. The zoning for the site is Light Industrial (M-1). The M-1 zone is intended to accommodate traditional industrial uses such as warehouses, wholesalers, light manufacturers and commercial uses that support the industrial uses. Therefore, the proposed use is also consistent with the zoning designation. Project Analysis Conditional Use Permits are governed by Section 41-638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. 31A-4 Conditional Use Permit No. 2011-24 December 12, 2011 Page 3 • 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. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • 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. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request staff believes that the following findings of fact warrant approval of the conditional use permit. • The project will provide a service or facility which will contribute to the community. The proposed McDonald's Restaurant is a use that is supportive to the primary industrial uses in the area. The use will provide dining opportunities to those working in the immediate area and will provide employment opportunities to residents that live in the City. The drive through window service will provide a convenient option for patrons purchasing meals at the restaurant. • The proposed drive through window service will not be detrimental to persons residing or working in the area. The drive through window service has been designed to minimize potential impacts to vehicles travelling along both McFadden and Grand Avenues as the internal stacking area adjacent to the streets has been increased. Further, the site has been designed to minimize potential light and glare impacts from the drive through lane. Finally, conditions of approval have been incorporated to minimize potential adverse impacts from occurring on the premises. • The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable location to operate a business. Portions of the site are either currently vacant or occupied by a use that is only open three days a week. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. • The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed that will bring the site into compliance with the Zoning Code. For example, landscaped setbacks and on-site landscaping 31A-5 Conditional Use Permit No. 2011-24 December 12, 2011 Page 4 will be provided that comply with current standards. In addition, new signage, trash facilities and pedestrian pathways will be provided to bring the site into compliance with code. Finally, on-site improvements will be made that will ensure the facility complies with local, regional and federal water quality standards. • The proposed use will not adversely affect the General Plan as drive through windows are permitted as an ancillary use to the primary use. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. The project, as proposed, will be consistent with each of these General Plan Land Use Element goals. The McDonald's Restaurant will be constructed in an area of the City that is appropriate for restaurant uses with drive through window service. The Light Industrial zoning encourages commercial uses such as restaurants that support the adjacent industrial uses. Additionally, improvements will be made to the site that will bring a vacant parcel of land into compliance with the Zoning Code. Finally, conditions have been placed on the business that will assist in mitigating any potential adverse impacts. Public Notification The project site is not located within the boundaries of a neighborhood association but is adjacent to the Lyon Street Neighborhood Association. The president of this Association was notified by mail 10 days prior to this public hearing. In addition, staff contacted the president to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can be served by existing utilities. Categorical Exemption Environmental Review No. 2009-172 will be filed for this project. 31A-6 Conditional Use Permit No. 2011-24 December 12, 2011 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2011-24 as conditioned. Vince Freg so,A. CP Principal Planner VF:jm AreporlslCURCUP11-24 McOonalds drive thru.121211.pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Site Plan Exhibit 4 - Floor Plan Exhibit 5 - Building Elevations Exhibit 6 - Landscape Plan 31A-7 I U 4{ U 1 U FIRST 1 UU r"ZI Cz•,a C2-- C27 C2- a O Rz R2 M7 Ml M M2 Ml ml < i C2 Cs C2 1 ( I RI R3 RS RJ Ml Mt ml nen t R3 lr--3-~F7,-T R3 'Ml 1611 M2 Ml I R3 O R3 MI Mt M7 a R3 R3 R3 C R3 ~ R3 MI Ma wr - - F R2 I R3 R3 R3 R3 R3 R3 R3 I R3 R7 R1 Rl RI Ml M2 Ml k R1 O RI i R1 R1 v i RI SD-16 vin RI Rl R7 Rl RI R4 I M2 wuxw n. 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WQM~-IOIPI ~xavwn.i ,ia~ 17 'dSfl gmeuoaowV 9Nio.ne-ahdnl5-ItOL J l 1 1 ~t t~ V AL 1C CTY ~1' {L 3 3 3 3 3 F o a z § 8 o % • L e . ~'r • " • • ~ 3NN0 ~ ..i ®Q ® o 4 ti~ O ~ OO [ ® norx~+ s QQ ° a w r. n 0 M ' Rwa ° + F $ 3NH0 ZX ink O ~ ~v z ~ 9 o' q W } n • a N EXHIBIT 6 31 A-13 I 31A-14 ROH - 12/12/11 RESOLUTION NO. 2011-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-24 AS CONDITIONED TO ALLOW DRIVE THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 1100 SOUTH GRAND 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. Applicant is requesting approval of Conditional Use Permit No. 2011-24 to operate a drive through window service in conjunction with a new McDonald's Restaurant on the property located at 1100 South Grand Avenue. B. Santa Ana Municipal Code section 41-472.5(g) requires a conditional use permit for drive through window service. C. On December 12, 2011, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2011-24. D. The Planning Commission determines that the following findings, g which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The project will provide a service or facility which will contribute to the community. The proposed McDonald's Restaurant is a use that is supportive to the primary industrial uses in the area. The use will provide dining opportunities to those working in the immediate area and will provide needed employment opportunities for residents that live in the City. The drive through window service will provide a convenient option for patrons purchasing meals at 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 2011-17 Page 1 of 6 31 A-15 The proposed drive through window service will not be detrimental to persons residing or working in the area. The drive through window service has been designed to minimize potential impacts to vehicles travelling along both McFadden and Grand Avenues as the internal stacking area adjacent to the streets has been increased. Further, the site has been designed to minimize potential light and glare impacts from the drive through lane. Finally, conditions of approval have been incorporated to minimize potential adverse impacts from occurring on the premises. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. Portions of the site are either currently vacant or occupied by a use that is only open three days a week. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed that will bring the site into compliance with the Zoning Code. For example, landscaped setbacks and on-site landscaping will be provided that comply with current standards. In addition, new signage, trash facilities and pedestrian pathways will be provided to bring the site into compliance with code. Finally, on-site improvements will be made that will ensure the facility complies with local, regional and federal water quality standards. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan as drive through windows are ancillary to the primary use. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. The project, as Resolution No. 2011-17 Page 2 of 6 31 A-16 proposed, will be consistent with each of these General Plan Land Use Element goals. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can be served by existing utilities. Categorical Exemption Environmental Review No. 2009-172 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2011-24 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated December 12, 2011 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of December, 2011 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Turner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Nalle (1) Eric Alderete Chairman APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution No. 2011-17 Page 3 of 6 31 A-17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2011-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 12. 2011. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2011-17 Page 4 of 6 31 A-18 Conditions for Approval of Conditional Use Permit No. 2011-24 Conditional Use Permit No. 2011-24 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 California Building Standards 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. 2009-62. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The required lot merger shall be completed and be recorded prior to the issuance of any building permit. 4. A final landscaping plan, including a detailed irrigation plan, shall be submitted to staff for review and approval when plans are submitted to building plan check. The landscape plan needs to identify the fencing and landscape treatments that will be provided on the portion of the parcel that will not be used for this project. B. Police Department 1. Prior to submitting into building plan check, submit plans that indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on your submitted set of plans. See the commercial supplement for additional information. Discretionary action conditions (if applicable) must be printed on your set of plans. 2. Prior to submitting into building plan check, submit a full set of electrical plans to the Police Department to verify exterior door lighting placement and parking lot illumination levels. Resolution No. 2011-17 Page 5 of 6 31 A-19 DECEMBER 12, 2011 PAGE 2 OF 2 3. Prior to obtaining an electrical permit, submit photometric foot-candle calculations of all parking lots and walkways for review and approval. Photometric calculations must be superimposed on a scaled site plan of the project. Resolution No. 2011-17 Page 6 of 6 31A-20