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RESOLUTION NO. 2012-11
ROH - 10/08/12
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2012-22 AS CONDITIONED TO ALLOW
A RESTAURANT AND DRIVE-THROUGH LANE IN THE
NORTH HARBOR SPECIFIC PLAN (SP-2) AND VARIANCE
NO. 2012-08 AS CONDITIONED TO ALLOW A
REDUCTION IN THE VEHICLE STACKING LANE FOR
THE DRIVE-THROUGH FOR THE PROPERTY LOCATED
AT 3825 WEST FIRST STREET
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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 applicant is requesting approval of Conditional Use Permit No. 2012-
22 to allow a restaurant and drive-through lane in the North Harbor
Specific Plan (SP-2) zoning district and Variance No. 2012-08 to allow a
reduction in the vehicle stacking lane for the drive-through for the property
located at 3825 West First Street.
B. Conditional Use Permit No. 2012-22 and Variance No. 2012-08 came
before the Planning Commission of the City of Santa Ana for a duly
noticed public hearing on October 8, 2012.
C. The North Harbor Specific Plan (SP-2) section 3.5.2(1) requires a
conditional use permit for any drive-through facility located in the general
commercial zone of the North Harbor Specific Plan (SP-2).
D. Santa Ana Municipal Code Section 41-638(a)(1) authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. That the proposed use will provide a service or facility, which will
contribute to the general well being of the neighborhood or the
community.
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The project will provide a service or facility which will
contribute to the community. The commercial eating
establishment will provide additional dining options and
social gathering opportunities to residents and visitors of the
City. This restaurant achieves the goals of the North Harbor
Specific Plan adopted in 1994, in response to the
community's interest to encourage additional sit down
restaurants to serve the area. The project will also involve
Resolution No. 2012-11
Page 1 of 6
• the addition of trees for existing planters, new drought
tolerant plant material, bike racks, and exterior architectural
enhancements. The new restaurant building and related site
improvements and landscaping will not only enhance this
property, but contribute to the character and aesthetics of
the adjacent business community and neighborhood.
2. That the proposed use will 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 restaurant and drive-through lane will not be detrimental
to persons residing or working in the area, as the project is
located within an area of the City that is predominantly
commercial in nature. Improvements made to the site will
bring the site into compliance with applicable disability act
standards. Finally, conditions have been placed on the
project that will mitigate any negative or adverse impacts
created by the use that could otherwise affect the health,
safety, or general welfare of the surrounding businesses.
3. That the proposed use will 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. The site was previously
vacant and is proposed to be occupied by a use that is
consistent with the zoning for the property. 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.
Further, the business will provide additional employment
opportunities for residents that live in the City.
4. That the proposed use will 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 to the
landscape and site layout will bring the site into compliance
with the Zoning Code, in conjunction with a requested
variance for a reduction in the vehicle stacking requirement
for the drive-through lane.
5. That the proposed use will adversely affect the General Plan or any
specific plan of the City.
• The proposed use will not adversely affect the General Plan,
but rather support its goals. Goal 1 of the Land Use Element
Resolution No. 2012-11
Page 2 of 6
• 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. In
addition, the proposed restaurant use is consistent with the
concepts and policies of the North Harbor Specific Plan to
promote uses that enhance and support the residential uses
surrounding Harbor Boulevard, and Goal 5 supports the
enhancement of the economic viability of the Harbor
Boulevard area. The restaurant will further these policy
goals as it will occupy a vacant space within a major
commercial center, thereby identifying this center as a viable
and successful economic center.
E. Santa Ana Municipal Code Section 41-1341 requires each drive-through
eating establishment to have vehicular stacking lanes of at least 80 feet
from the pick-up window to the order point, and 80 feet from the order point
to the end of the drive-through lane. The proposed project only provides 57
feet between the entry point of the drive-through lane and the food order
window.
F. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning
Commission to grant a variance upon making certain findings.
• 1. That because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
chapter.
The project site has a special circumstance related to its
size, shape and location. The property is located adjacent to
First Street on one side, and surrounded by an existing fully
developed commercial center to the north, east and west.
The subject parcel and the surrounding commercial parcel
are integrated with shared parking and common access,
they are separate legal parcels. The existing drive-through
stacking lane has been expanded, within the existing
surrounding physical limitations of the site. The existing
building footprint, parking and onsite circulation has limited
the feasibility of providing the full vehicle stacking distance
required for a drive-through lane. Therefore, special
circumstances exist that warrant a variance from vehicle
stacking requirements.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
•
Resolution No. 2012-11
Page 3 of 6
• The granting of the variance is necessary for the
preservation and enjoyment of substantial property rights.
Allowing the restaurant to be improved and reoccupied with
a reduction in the drive-through stacking lane will allow the
owner the ability to utilize the property with awell-designed
commercial use that is consistent with the North Harbor
Specific Plan zoning district (SP-2). Shifting the existing
building or relocating the menu board or pick-up window to
comply with the 80 foot stacking requirement (from the menu
board to the end of the drive-through lane) would reduce the
feasibility of the proposed commercial endeavor, which
impacts the property rights of the owner.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of the variance will not be materially detrimental
to the public or surrounding properties as the building and
site have been designed to comply with all applicable
development standards. The new restaurant building and
related site improvements and landscaping will enhance this
property and surrounding area. The ledger stone veneer at
main entries and stucco materials, as well as decorative
metal awning, faux shutters, and wrought iron features are
proposed to enrich the elevation and contribute to the
character and aesthetics of the adjacent business
community and neighborhood. The addition of trees for
existing planters, new drought tolerant plant material, and
the addition of bike racks will also enhance the aesthetics of
the environment.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The proposed use will not adversely affect the General Plan,
but rather support its goals. Goal 1 of the Land Use Element
encourages uses that promote a balance of land uses that
address basic community needs. The project is in
compliance with the North Harbor Specific Plan zoning
district and addresses the public interest of having more
restaurants to serve their needs. The project site has been
upgraded to comply with all applicable development
standards. Goal 2 encourages uses that enhance the City's
economic and fiscal viability. After being vacant for a year,
the project's occupation in the building will benefit the
economic viability of the area. Goal 5 ensures that the
impacts of development are mitigated.
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Resolution No. 2012-11
Page 4 of 6
• G. In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review pursuant to Section 15301, Class 1
for a project that consists of minor alterations of an existing structure, and
Class 15303, Class 3 for a new commercial building less than 10,000
square feet in an urbanized area. Categorical Exemption Environmental
Review No. 2012-52 will be filed for this project.
Section 3. The Planning Commission of the City of Santa Ana, after
conducting the public hearing, hereby approves for the property located at 3825 West
First Street:
1. Conditional Use Permit No. 2012-22(a), as conditioned in Exhibit
"A" attached hereto and incorporated herein, to allow a restaurant in the
North Harbor Specific Plan (SP-2) zoning district.
2. Conditional Use Permit No. 2012-22(b), as conditioned in Exhibit
"A" attached hereto and incorporated herein, to allow a drive through lane.
3. Variance No. 2012-08, as conditioned in Exhibit "B" attached hereto
and incorporated herein, to allow a reduction in the vehicle stacking lane
for the drive-through lane.
These decisions are based upon the evidence submitted at the above said hearing,
which includes, but is not limited to: the Request for Planning Commission Action dated
October 8, 2012, and exhibits attached thereto; and the public testimony, all of which
• are incorporated herein by this reference.
ADOPTED this 8th day of October, 2012 by the following vote:
AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Turner (1)
ABSTENTIONS: Commissioners: None
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Resolution No. 2012-11
Pape 5 of 6
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APPROVED AS TO FORM:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
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I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2012-11 to be the original resolution
adopted by the Planning Commission of the City of Santa Ana on October 8, 2012
Date: / ~ ~ ~~
Clerk f the Plannin mmissi f
City of Santa Ana
Resolution No. 2012-11
Page 6 of 6
Sonia R. Carvalho, City Attorney
• EXHIBIT A
Conditions for Conditional Use Permit No 2012-22
Conditional Use Permit No. 2012-22 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 with each and every condition listed below rip or 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 with the Site Plan Review
approval of DP No. 2012-23.
2. Any amendment to this conditional use permit must be submitted to the
• Planning Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended.
3. Covenants, Conditions, and Restrictions (CC&R's) for reciprocal parking
and common access with adjacent property are to be maintained in
perpetuity.
B. Police Department
1. Existing restaurant and required parking must conform to 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. New lighting standards cannot be
located in required landscape planters.
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.
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• OCTOBER 8, 2012
PAGE 2 OF 2
4. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
5. Atimed-access cash controller or drop safe must be installed.
6. Install a silent armed robbery alarm.
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• EXHIBIT B
Conditions for Variance No 2012-08
Variance No. 2012-08 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 California Building Standards Code and all other
applicable regulations.
The applicant must comply with each and every condition listed below rip or to exercising
the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the
life of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Planning Division
1. All proposed site improvements must conform with the Site Plan Review
approval of DP No. 2012-23.
2. Any amendment to this variance must be submitted to the Planning
• Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the variance must be
amended.
3. Covenants, Conditions, and Restrictions (CC&R's) for reciprocal parking
and common access with adjacent property are to be maintained in
perpetuity.
B. Police Department
1. This 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.
2. Existing restaurant and required parking must conform to 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. New lighting standards cannot be
located in required landscape planters.
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.
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• OCTOBER 8, 2012
PAGE2OF2
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.
6. Atimed-access cash controller or drop safe must be installed.
7. Install a silent armed robbery alarm.
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