HomeMy WebLinkAbout31A - CUP - HDMM ENTERPRISE 3825 WEST FIRST STREETREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 19, 2012
TITLE:
CONDITIONAL USE PERMIT NO. 2012-22
AND VARIANCE NO. 2012-08 TO ALLOW A
RESTAURANT AND DRIVE-THROUGH LANE
IN THE SP-2 ZONE, AND A REDUCTION IN
THE VEHICLE STACKING LANE-FOR DRIVE-
THROUGH LANE AT 3825 WEST FIRST
STREET - HDMM ENTERPRISE,
APPLICANT
Jr?
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2012-22 as conditioned
and Variance No. 2012-08 as conditioned.
PLANNING COMMISSION ACTION
On October 8, 2012, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2012-22 (a) as conditioned to allow a restaurant in the North Harbor Specific Plan
zoning district, Conditional Use Permit No. 2012-22 (b) as conditioned to allow a drive-through
lane, and Variance No. 2012-08 as conditioned to allow a reduction in the vehicle stacking lane
for drive-through lane for a Popeye's Louisiana Kitchen by a vote of 6:0 (Turner absent) located
at 3825 West First Street. 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.
Jay?-M. Trevino
Executive Director
Planning & Building Agency
MM:rb
mm\reports\cup12-22va12-08 3825WFirst.cc
Exhibit: A. Planning Commission Staff Report
31A-1
31A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
OCTOBER 8, 2012
TITLE:
PUBLIC HEARING - CONDITIONAL USE PERMIT
NO. 2012-22 AND VARIANCE NO. 2012-08 TO ALLOW
A RESTAURANT AND DRIVE-THROUGH LANE IN THE
SP-2 ZONE, AND A REDUCTION IN THE VEHCILE
STACKING LANE FOR DRIVE-THROUGH LANE AT
3825 WEST FIRST STREET
Prepared by
Melanie G. McCann
q E ecutive Director
:::A
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
? As Recommended
? As Amended
? Set Public Hearing For
DENIED
? Applicant's Request
? Staff Recommendation
CONTINUED TO
Planning Manager
1. Adopt a resolution approving Conditional Use Permit No. 2012-22 (a) as conditioned to allow a
restaurant in the North Harbor Specific Plan zoning district.
2. Adopt a resolution approving Conditional Use Permit No. 2012-22 (b) as conditioned to allow a
drive-through lane.
3. Adopt a resolution approving Variance No. 2012-08 as conditioned to allow a reduction in the
vehicle stacking lane for drive-through lane.
DISCUSSION
Request of the Applicant
HDMM Enterprise, applicant for Popeye's Louisiana Kitchen at 3825 West First Street, is requesting
approval of a conditional use permit and variance to allow a restaurant and drive-through within the
North Harbor Specific Plan (SP-2). Additionally, the applicant is requesting approval of a variance
from Section 41-1341 of the Santa Ana Municipal Code (SAMC) for a reduction in the stacking lane
requirements for the drive-through lane.
Prolect Location and Site Description
The project site includes a 31,067 square foot parcel, surrounded by a larger commercial center.
Located on First Street, just west of Harbor Boulevard, the subject property is adjacent to
commercial and retail businesses to the north, south, east and west. Residential mobile home
developments are located further west and southwest of the project site (Exhibits 1 and 2). The
subject property includes an existing 2,620 square foot building that was previously used as a
restaurant, but has been vacant and unoccupied for over one year.
EXHIBIT A
31A-3
CUP No. 2012-22 & VA No. 2012-08
October 8, 2012
Page 2
Proiect Description
The applicant proposes to rehabilitate the subject site and existing 2,620 square foot building to
operate a Popeye's Louisiana Kitchen restaurant use. The project also includes a drive-through
service lane for take-out dining requests. The proposed site improvements include upgrades to
landscape areas, extension of the drive-through lane, addition of bicycle racks, and exterior
architectural enhancements. The proposal will also include interior improvements to facilitate their
restaurant design and provide 68 fixed seats for indoor dining. Operating hours for the restaurant
are anticipated to be from 6:00 a.m. to midnight, seven days per week.
A new landscape planter is proposed at the entry of the drive-through lane, thereby extending the
stacking lane for vehicles waiting to place their food order. Two new landscape planters will be
provided on either side of the main restaurant entrance, in conjunction with a new handicap
accessible parking improvements (Exhibits 3 and 4). All new landscape planters as well as planters
located at the base of the building will incorporate drought tolerant plant materials. The architecture
of the proposed new restaurant includes multiple building materials including ledger stone veneer and
stucco, window trim, metal awnings, faux shutters and decorative wrought iron accents. The
proposed architecture meets the Citywide Design Guidelines; while the exterior building in color and
style is distinctive, it is compatible with the existing architectural styles in adjacent commercial center
(Exhibits 5 and 6).
Since the parcel has been unoccupied for more than one year, the legal non-confirming status has
been lost, and the City's non-conforming ordinance (Section 41-683) requires any subsequent new
use meet all aspects of the Zoning Code. Thus, a conditional use permit is required to allow a
restaurant, as well as a drive-through in the North Harbor Specific Plan (SP-2) zoning district. The
proposed project plans detail a number of upgrades to the site and building architecture to achieve
current City standards.
Project Background
The project site at 3825 West First Street, along with the surrounding "McCalla" commercial center,
was originally entitled as an 8.26 acre integrated site in 1984, with the approval of Specific
Development No. 22 (SD-22). While the subject site and the adjacent parcel share integrated
parking and access, they are two separate legal parcels. The existing restaurant building on the
subject site was constructed in 1986 as a Taco Bell restaurant, and operated as a drive-through
restaurant until approximately 2009. In 1994, the North Harbor Specific Plan was adopted and the
zoning for the property was changed from SD-22 to SP-2.
General Plan and Zoning Analysis
The General Plan land use designation for the site is General Commercial (GC), which allows a wide
range of commercial and service uses. The proposed restaurant use is consistent with the general
plan land use designation.
31A-4
CUP No. 2012-22 & VA No. 2012-08
October 8, 2012
Page 3
The subject site is within the North Harbor Specific Plan General Commercial zoning district (SP-
2). The SP-2 zoning district allows for a variety of retail uses, office, cinema and public facility
uses; while other uses such as restaurants, drive-through facilities, gas stations and public dance
places require a conditional use permit.
Project Analysis
The applicant is requesting approval of a conditional use permit to allow a restaurant use, as well
as a drive-through lane in the North Harbor Specific Plan (SP-2) zoning district. Per the Harbor
Specific Plan zoning Section 3.5.2, "restaurants and other eating establishment(s), including take-
out..." requires a conditional use permit. The North Harbor Specific Plan was adopted in 1994
with this requirement, in response to the community's interest to encourage additional sit-down
restaurants to serve the area. The intent of the conditional use permit is to ensure that uses
comply with the general concepts and policies of the North Harbor Specific Plan.
The applicant is also requesting a variance from the vehicle stacking requirement for the vehicle
drive-through lane serving the restaurant. Per Santa Ana Municipal Code Section 41-1341, each
drive-through eating establishment shall 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 has converted three parking spaces into a landscape planter to extend
the length of the drive through lane, and reduce the potential for vehicle waiting to make their meal
order to block the adjacent drive aisle. As noted below, the extended drive-through lane does not
fully meet the City requirements. While 80 feet is the required distance between the entry point of
the drive-through lane and the food order window, only 57 feet is provided.
Entry of drive-through lane to order point
Order point to pick-up window
Total
Existing Proposed Required
51 ft 57 ft 80 ft
95ft 95 ft 80 ft
146 ft 152 ft 160 ft
The project plans have been designed to provide improvements to the site to bring it into
compliance with current Zoning Code standards. This includes providing additional landscape
planters, trees for existing landscape planters, new drought tolerant plant material at the base of
the building and within the three new landscape planter areas (Exhibit 7), bike racks, and exterior
architectural enhancements. The parking needs for the subject site is accommodated through a
shared parking and access agreement with the adjacent commercial property. Based on a recent
parking study there is sufficient on-site parking to serve the subject property and adjacent
integrated commercial center. New signs for the restaurant will be in scale with the building
architecture and meet current sign code standards.
31A-5
CUP No. 2012-22 & VA No. 2012-08
October 8, 2012
Page 4
Conditional Use Permit
Popeye's Louisiana Kitchen proponent is seeking a conditional use permit to allow a restaurant in
the North Harbor Specific Plan (SP-2) zoning district. Conditional use permits are governed by
Section 41-638 of the SAMC, and 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.
• 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 facility is
a commercial eating establishment that will provide additional dining options and social gathering
opportunities to residents and visitors of the City. Further, the business will provide additional
employment opportunities for residents that live in the City.
The restaurant and drive-through lane will not be detrimental to persons residing or working in the
area as the facility is located within an area of the City that is predominantly commercial in nature.
Further, improvements will be made to the site that 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.
31A-6
CUP No. 2012-22 & VA No. 2012-08
October 8, 2012
Page 5
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.
• 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 parking lot that 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.
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. 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.
Variance
Popeye's Louisiana Kitchen proponent is seeking a variance to allow a 23 feet reduction, the
equivalent of 1.3 cars in length, from the required drive-through lane stacking distance. Variance
requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it
can be shown that the following can be established:
Variance requests are governed by Section 41-638 of the SAMC, and may be granted when it can be
shown that the following can be established:
• That there exists a special circumstance related to the property, such as size, shape, topography,
location or surroundings.
• That the granting of the variance is necessary for the preservation and enjoyment of substantial
property rights.
• That the granting of the variance will not be detrimental to the public or surrounding property.
• That the granting of the variance will not adversely affect the General Plan.
31A-7
CUP No. 2012-22 & VA No. 2012-08
October 8, 2012
Page 6
If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to
make these findings would result in a denial. Using this information, staff has prepared the following
analysis, which forms the basis for the recommendation contained in this report.
In analyzing the variance request staff must be able to show that findings can be made that support
the criteria listed above.
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 proposed restaurant is also designed to comply
with the development standards set forth in Chapter 41 of the Santa Ana Municipal Code including
front yard setbacks and landscaping.
• 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 a well-
designed commercial use that is consistent with the North Harbor Specific Plan zoning district
(SP-2). Shifting the structure or relocating the menu board or pick-up window to comply with
the 80 foot stacking requirement, as measured from the menu board to the end of the drive-
through lane, would reduce the feasibility of the proposed commercial endeavor.
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 as well as the surrounding properties. The ledger stone
veneer at the 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 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. Goal 2 encourages uses that enhance the City's economic and fiscal viability.
Goal 5 ensures that the impacts of the development are mitigated.
Public Notification
The project site is located within with the Riverview West Neighborhood Association and west of
the Santa Anita Neighborhood Association boundaries. Upon request, staff attended the Riverview
Neighborhood Association on September 18, 2012 to share the project plans and development
31A-8
CUP No. 2012-22 & VA No. 2012-08
October 8, 2012
Page 7
approval process. No issues were raised regarding the project at the meeting. The Santa Anita
Neighborhood Association representative was contacted by phone October 1, 2012 to discuss the
project; no issues were raised at that time.
The Riverview West and Santa Anita Neighborhood Associations were notified by mail 10 days
prior to this public hearing. The project site itself was posted with a notice advertising this public
hearing, a notice was published in the Orange County Reporter and mailed notices were sent to
surrounding property owners within 500 feet of the project site, as well as concerned citizens listed
on the Permanent Notification List. At the time of this printing, no correspondence, either written or
electronic, had been received from any members of the public.
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit No. 2012-22 and Variance No. 2012-08 as conditioned.
CEQA Analysis
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.
Melanie G. McCann, AICP
Associate Planner
MM:jm
mmlreportskcup12-22va12-08 3825WFtrst.pc
Attachments:
Exhibit 1 - General Vicinity Map
Exhibit 2 - Existing Land Use Map
Exhibit 3 - Site Plan
Exhibit 4 - Floor Plan
Exhibit 5 - South Elevation
Exhibit 6 - North Elevation
Exhibit 7 - Landscape Plan
31A-9
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POPEYE'S LOUSIANA KITCHEN ,Y' 3825 WEST FIRST STREET - 500FEEr
1000 FEEr
P L A N N I N G A N D B U I L D 1 N G A G E N G Y
EXHIBIT 1
VICINITY MAP
31 A-10
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POPEYE'S LOUSIANA KITCHEN A
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P L A N N I N G A N D B U I L D I N G A G E N C Y
EXISTING LAND USE MAP
EXHIBIT 2
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EXHIBIT 7
31 A-16
ROH - 10/08/12
RESOLUTION NO. 2012-11
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
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.
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-xx
31 A-1 7 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-xx
31 A-1 8 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.
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-xx
31 A-19 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 a well-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.
Resolution No. 2012-xx
31A-20 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
Eric Alderete
Chairman
Resolution No. 2012-xx
31A-21 Page 5 of 6
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
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 of the Planning Commission
City of Santa Ana
Resolution No. 2012-xx
31A-22 Page 6 of 6
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 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 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.
31A-23
OCTOBER 8, 2012
PAGE 2OF2
4. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
5. A timed-access cash controller or drop safe must be installed.
6. Install a silent armed robbery alarm.
31A-24
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 prior 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. Planninq 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.
31A-25
OCTOBER 8, 2012
PAGE 2OF2
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. A timed-access cash controller or drop safe must be installed.
7. Install a silent armed robbery alarm.
31A-26