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❑ As Recommended
❑ As Amended
❑ Ordinance on 15` Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
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At its regular meeting on November 9, 2016 by a vote of 6:0 (Verino absent), the Planning
Commission adopted a resolution approving Conditional Use Permit No. 2016 -18 as conditioned
to allow drive - through window service and Variance No. 2016 -09 as conditioned for a reduction in
parking to allow the construction of two commercial pads at 1330 East Seventeenth Street
located in the Planned Shopping Center (C4) zoning district. The Planning Commission added a
condition 'to include additional landscape green screens on both buildings to discourage graffiti
(Exhibit A).
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31 B -1
Conditional Use Permit No. 2015 -18
Variance No, 2015 -08
December 1, 2015
Page 2
STRATE91C PLAN ALIGNMENT
Approval of this Item supports efforts to meet Goal #3 Economic Development,
Objective (create new opportunities for buslness/Job growth i encourage private
development p i new - .; Plan i Zoning Ordinance ii
019AUMEACT
There Is no fiscal Impact associated action,
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Exhibit: A. Planning Commission Staff Report
31 B -2
REQUEST FOR
NOVEMBER 9, 2015
TITLE:
PUBLIC HEARING • FILED BY VENTUREPOINT
DEVELOPMENT FOR CONDITIONAL USE PERMIT
NO. 2015-18 AND VARIANCE NO, 2015 -09 TO ALLOW
DRIVE - THROUGH WINDOW SERVICE AND A
REDUCTION IN PARKING FOR TWO COMMERCIAL
PADS AT 1330 EAST SEVENTEENTH STREET
(STRATEGIC PLAN NO. 3, 2)
APPROVED
•
As Recommended
•
As Amended
•
Set, Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
Prepared by Verny Carvajal
xecut�ctor - - - -- -- Acting P ping Manager
RECOMMENDED ACTION
1. Adopt a resolution approving Conditional Use Permit No. 2015 -18 as conditioned.
2. Adopt a resolution approving Variance No. 2015 -09 as conditioned.
� a
Request of Applicant
VenturePoint Development, on behalf of RGA Group, LLC, is requesting approval of a conditional
use permit to allow drive - through window service and a variance from required parking to allow the
construction of two commercial pads as part of an existing integrated commercial development at
1330 East Seventeenth Street.
Property Description
The property is a 9.8 -acre, rectangular shaped parcel located at the southeast corner of
Seventeenth Street and Grand Avenue. The site is located within the Planned Shopping Center
- -- (C4) zoning district and has -a General -Plan designation of General - Commercial -(GC): Surrounding
uses include retail and single- family residential to the north and east, single - family residential uses
to the south, and a mixture of commercial uses to the west. The existing integrated shopping
center is comprised of two legal parcels containing two existing building pads with approximately
117,500 leasable square feet of retail space that includes an existing 9,100 square foot Big -O-
Tires /O'Reilly Auto Parts building at the intersection of Seventeenth and Grand Avenue and a
108,400 square foot Target on the rearmost portion of the project site. Parking for the
development site is shared with the anchor tenant, with a total of 493 parking spaces provided
(Exhibits 1, 2, and 3).
EXHIBIT A
31 B -3
Conditional Use Permit No. 2015 -18
Variance No. 2015 -09
November 9, 2015
Page 2
The applicant proposes to construct a 5,450 square foot multi- tenant corner pad with retail and
restaurant uses. In conjunction with the new corner pad, the applicant is requesting a conditional use
permit to allow drive - through window service for a future eating establishment. As required by code,
an 80 -foot separation between the pick -up window and the order board and another 80 -foot
separation between the order board and the entrance to the drive- through lane has been provided. In
addition, the applicant is proposing a 3,850 square foot building pad at the southwest corner of the
site for a future banking center with drive -up teller service. The buildings will feature a contemporary
architectural theme and will include pedestrian links to each arterial street and the interior of the
existing Target. Key architectural elements will be applied to each new building and the existing
Target building including exposed trellis and metal canopy features, smooth stucco finish, natural
stone veneer, and a decorative plaster cornice roof accents. The project will introduce additional
interior and perimeter landscaping in order to bring the site closer into compliance as required by
code.
Although the total square footage for the shopping center will result in a net increase of 200 square
feet following the demolition of the existing 9,100 square foot automotive building, Section 41 -6812 of
the Santa Ana Municipal Code (SAMC) requires nonconforming sites to comply with current off - street
parking requirements. As a result, the applicant is requesting approval of a variance to allow a
reduction in required parking for the two proposed building pads (Exhibits 4 through 9).
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Drive- Throuah Window Service
Drive- through window service is considered a critical operational component of a quick -serve
restaurant. The conditional use permit has been reviewed based on the criteria established by the
City and has been found to be consistent with the operational standards for drive - through
establishments. To avoid impact to the health, safety and general welfare of persons working or
residing in the area, numerous conditions of approval have been incorporated into this project.
The existing on -site circulation system has been designed to avoid conflicts between vehicles in
the parking area and the drive - through lane. Also, the ability for cars to stack onto Seventeenth
Street or Grand Avenue has been eliminated through the location and design of the proposed
stacking lane. In order to avoid pedestrian and vehicle conflicts, a clear path of travel between
each building pad and the public sidewalk has been incorporated as part of the project design.
Parking Variance
The applicant is requesting approval of a variance to allow a reduction in required parking. The entire
shopping center currently contains 498 parking spaces to serve the two existing buildings. The
proposed retail and restaurant corner pad building is parked at a rate of five spaces per 1,000 square
31 B -4
Conditional Use Permit No. 2015 -18
Variance No. 20'15 -09
November 9, 2015
Page 3
feet, pursuant to the City's retail parking standards, and 10 spaces per 1,000 square feet, pursuant to
the City's restaurant parking standard, Additionally, the applicant is proposing to construct a new
3,850 square foot banking center with drive - through teller which is parked at a rate of four spaces per
1,000 square feet. Based on code requirements, a total of 611 parking spaces would be required for
this site, while 493 spaces will be provided at completion of the proposed expansion. This is a net
difference of 118 spaces, or 21 percent reduction in required.
To analyze whether the existing parking on the site could accommodate the new buildings as well as
the additional uses within the Target Center, the applicant hired the traffic engineering firm of
Kunzman Associates, Inc. to prepare a parking analysis for the site. The parking study was
intended to provide an analysis of the demand for parking based on the different activity patterns of
the center. The study analyzed the change in the number of parking spaces required for the
proposed shop pads based upon the Municipal Code and a parking demand survey based on
multiple peak periods on three distinct days of the week. By utilizing additional field verification of
the existing utilization of the parking currently provided, combined with a future demand, the study
concluded that the total maximum parking demand for the center would be 270 spaces, As a
result, a surplus of over 220 spaces will be available at peak periods. The variance will allow two
new buildings in underutilized areas of the shopping center that will benefit the community by
providing an increased level of service to individuals who live and work in the area (Exhibit 10).
Public Notification
The project is located within the boundaries of the Portola Park and Mabury Park Neighborhood
Associations. Staff made contact with various neighborhood leaders of the Portola Park and
Mabury Park Associations to ensure that they were notified of this project and to identify any areas
of concern. The project site was also posted with a notice advertising this public hearing, a notice
was published in the Orange County Reporter, and mailed notices were sent to all property owners
and tenants within 500 feet of the project site. At the time of this printing, no correspondence, by
phone, written, or electronic, had been received from any members of the public.
CEQA Analysis
This project was reviewed in accordance with the Guidelines for the California Environmental
Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This
Class 3 exemption allows in -fill developments for the construction and location of limited numbers
of new, small facilities or structures. A Notice of Exemption for Categorical Exemption
Environmental Review No. 2014 -160 will be filed for this project.
31 B -5
Conditional Use Permit No. 2015 -18
Variance No, 2015 -09
November 9, 2015
Page 4
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Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objective No. 2 (create new opportunities for business /job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
Conclusion
The proposed construction of two additional commercial pads on an underutilized site will continue to
provide needed services to current and future Santa Ana residents and visitors along the Seventeenth
Street and Grand Avenue Corridors. To address any potential concerns related to the proposal, staff
has included conditions of approval that would serve to address these issues. Staff recommends that
the Planning Commission approve Conditional Use Permit No. 2015 -18 and Variance No. 2015 -09 as
conditioned.
Vemy Carvajal
Principal Planner
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Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Location Map
Exhibit 3 — Site Photo
Exhibit 4 — Landscape Concept
Exhibit 5 — Shops Floor Plan
Exhibit 6 — Pad Floor Plan
Exhibit 7 — Shops Elevations
Exhibit 8 — Pad Elevations
Exhibit 9 — Target Front Elevation
Exhibit 10 — Parking Analysis
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VENTUREPJINT DEVELOPMENT
1330 EAST SEVENTEENTH STREET
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VICINITY MAP
31 B -7
CUP 2015 -18, VAR 2015 -9
VENTUREPOINT DEVELOPMENT
1330 EAST SEVENTEENTH STREET
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
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EXHIBIT 2
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VENTUREPOINT DEVELOPMENT
1330 EAST SEVENTEENTH STREET
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(''LINZMA.N AssocIATES, INC.
OveR 35 Yr_ARs or I'xCELLEhrr SeRVIC[
November 25, 2013
Mr. John Clement, President
VENTUREPOINT
3419 Via Lido, Suite 640
Newport Beach, CA 92663
Dear Mr. Clement:
INTRODUCTION
The firm of Kurtzman Associates, Inc, is pleased to submit this parking study for the Target Center
project in the City of Santa Ana, Kunzman Associates, Inc. has been asked to conduct an analysis of the
parking for the Target Center project in order to ascertain if adequate parking spaces are currently
provided at the project site for existing and future conditions.
This report summarizes our methodology, analysis, and findings. Although this is a technical report,
every effort has been made to write the report clearly and concisely. To assist the reader with those
terms unique to transportation engineering, a glossary of terms is provided within Appendix A.
IRS+37114911*1 ' 1111 1
The project site is located at the southeast corner of 17th Street and Grand Avenue within an existing
shopping center in the City of Santa Ana. As shown in Table 1, the existing shopping center is currently
occupied with retail and automobile service land uses. The total square footage of the existing shopping
center is currently 117,495 square feet. The existing shopping center currently provides 517 parking
spaces, which is reduced by fourteen (14) parking spaces due to semi - permanent objects currently
placed over existing striped parking spaces. Figure 1 shows the existing site plan for the project.
The project proposes to eliminate the existing building containing Big 0 Tires and O'Reilly Auto Parts and
construct two new buildings on the project site (see Table 2). The first building totals 5,450 square feet
and is proposed to be developed with 4,600 square feet of fast food restaurant use and 850 square feet
of general retail use. The second building totals 3,850 square feet and is proposed to be developed with
a bank use. The parking lot will be re- striped and the proposed shopping center will provide a total of
506 parking spaces. However, the proposed shopping center was assumed to provide a total of 492
parking spaces due to semi - permanent objects currently placed over proposed striped parking spaces.
The proposed shopping center square footage will be 117,683 square feet. The proposed site plan is
shown on Figure 2.
lilt TowN & CouN y ROAD, Suin 34
ORANOf, C&LtromA 92668
(714) 973-6383
W W W.TR.AFFIC- ENC.INFER.COM
EXHIBIT 10
31 B -16
Mr. John Clement, President
VENTUREPOINT
November 25, 2013
PARKING CODE
The City of Santa Ana Parking Code requirements are included in Appendix B. Table 3 calculates the
change in the number of parking spaces required for the proposed shopping center based upon the City
of Santa Ana Parking Code. Based upon the City of Santa Ana Parking Code requirements, the proposed
shopping center will require 24.1 additional parking spaces (see Table 3).
PARKING DEMAND SURVEY
Based upon discussions with the City of Santa Ana staff and the applicant, the peak periods for parking
at the shopping center were determined to be from 10:00 AM to 8:00 PM on Thursday, Friday, and
Saturday. To quantify the existing parking demand, the shopping center was surveyed at 30 minute
intervals on Thursday (November 14, 2013), Friday (November 15, 2013), and Saturday (November 23,
2013).
The shopping center parking area was divided into five (5) parking zones as shown on Figure 3. The
parking surveys are shown in Tables 4 to 6. The parking survey conducted on Saturday (November 23,
2013) shows the maximum number of Occupied parking spaces is 220 from 3:00 PM to 3:30 PM (see
Table 6). This is a maximum parking occupancy of 44 percent.
Tables 7 to 9 include the addition of the parking surveys with the proposed land use changes provided
by the applicant, Table 9 shows that a maximum demand of 245 occupied parking spaces Is projected to
occur on Saturdays from 3:00 PM to 3:30 PM.
As shown In Table 10, the expected peak parking demand is 245 occupied parking spaces for the
proposed shopping center. However, a ten (10) percent overage is recommended to assure there is
adequate parking. The total maximum likely parking demand of 270 occupied parking spaces will allow
for parking on -site and provide sufficient additional parking for the existing and proposed land uses
based upon the proposed total of 492 parking spaces. A graph comparing the projected peak parking
demand for Thursday, Friday, and Saturday to the number of parking spaces provided is shown on
Figure 4.
CONCLUSIONS
1. The project site is located at the southeast corner of 17th Street and Grand Avenue within an
existing shopping center in the City of Santa Ana. The existing shopping center currently provides
517 parking spaces, which is reduced by fourteen (14) parking spaces due to semi - permanent
objects currently placed over existing striped parking spaces.
2. The existing shopping center is currently occupied with retail and automobile service land uses.
The total square footage of the existing shopping center is currently 117,495 square feet.
1 The project proposes to eliminate the existing building containing Big 0 Tires and O'Reilly Auto
Parts and construct two new buildings on the project site. The first building totals 5,450 square
W W W.T0.AFnC•ENGINEMCOM
31 B -17
Mr. John Clement, President
VENTUREPOINT
November 25, 2013
feet and is proposed to be developed with 4,600 square feet of fast food restaurant use and 850
square feet of general retail use. The second building totals 3,850 square feet and is proposed to
be developed with a bank use, The parking lot will be re- striped and the proposed shopping
center will provide a total of 506 parking spaces. However, the proposed shopping center was
assumed to provide a total of 492 parking spaces due to semi - permanent objects currently be
placed over proposed striped parking spaces. The proposed shopping center square footage will
be 117,683 square feet.
4. Based upon the City of Santa Ana Parking Code requirements, the proposed shopping center will
require 24.1 additional parking spaces.
S. Based upon discussions with the City of Santa Ana staff and the applicant, the peak periods for
parking at the shopping center were determined to be from 10:00 AM to 8:00 PM on Thursday,
Friday, and Saturday.
6. The existing parking demand was determined by surveying the project site at 30 minute intervals
on Thursday (November 14, 2013), Friday (November 15, 2013), and Saturday (November 23,
2013). The parking survey conducted on Saturday (November 23, 2013) shows the maximum
number of occupied parking spaces is 220 from 3:00 PM to 3:30 PM (see Table 6). This is a
maximum parking occupancy of 44 percent.
7. The expected peak parking demand is 245 occupied parking spaces for the proposed shopping
center. However, a ten (10) percent overage is recommended to assure there is adequate
parking. The total maximurn likely parking demand of 270 occupied parking spaces will allow for
parking on -site and provide sufficient additional parking for the existing and proposed land uses
based upon the proposed total of 492 parking spaces.
8. Sufficient on -site parking is provided by the shopping center based upon the parking study.
It has been a pleasure to serve your needs on the Target Center project. Should you have any questions
or if we can be of further assistance, please do not hesitate to call at (714) 973 -8383.
Sincerely,
KUNZMAN ASSOCIATES, INC. KUNZMAN ASSOCIATES, INC.
Q� 'U A1
Carl Ballard, LEEO GA
Principal Associate 'I
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31 B -18
William Kunzman, P.E.
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LS11.2.15
V *1i1ILIj0NP11[611KIN &SIN
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2015 -18 AS CONDITIONED FOR THE
PROPERTY LOCATED AT 1330 EAST SEVENTEENTH
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. Applicant is requesting approval of Conditional Use Permit No. 2015 -18 to
allow drive - through window service as part of a new retail and restaurant
pad at the property located at 1330 East Seventeenth Street.
B. Santa Ana Municipal Code Section 41- 412.5(c) requires approval of a
conditional use permit for eating establishments with drive - through window
service.
C. On November 9, 2015, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2015 -18.
D. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to grant this
Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC)
Section 41 -638, have been established for Conditional Use Permit No.
2015 -18 to allow for a restaurant with drive - through window service:
1. That the proposed use will provide a service or facility which will
contribute to the general well being of the neighborhood or
community.
The proposed drive - through restaurant and retail pad will
contribute to the general well -being of the area by providing
a new restaurant with additional landscaping and outdoor
amenities available to both pedestrians and vehicles
traveling along Seventeenth Street and Grand Avenue.
2. 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.
Resolution No. 2015 -37
Page 1 of 5
31 B -23
The addition of drive - through window service, in conjunction
with the proposed conditions, will not be detrimental to the
health, safety or general welfare of persons working in the
area. The circulation, design, and layout of the proposed
drive - through lane has been designed to minimize any
adverse impacts that may be generated as a result of the new
drive - through lane. Conditions have been incorporated into
the project to help minimize any adverse impacts that the
project might generate as the result of its drive - through use.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The new restaurant with drive - through service, in conjunction
with upgrades of landscaping and circulation, will provide both
a visual upgrade and new economic activity for this area of
Seventeenth Street and Grand Avenue. The overall
economic stability of the area will be strengthened with
additional commercial services in the area.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed retail pad with restaurant and drive - through
window operation will be in compliance with all applicable
provisions of Chapter 41 of the Santa Ana Municipal Code
and design standards for drive - through facilities. The drive -
through lane will meet the stacking lane requirement of 160
linear feet, as required by code. Except for the parking
requirements, the proposed project is consistent with the site
development standards established in the Planned Shopping
Center (C4) zoning district. The proposed project is
requesting approval of variance to reduce its required amount
of parking. Should the variance be approved, the project will
be consistent with all established development standards.
5. 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 drive - through lane for the proposed restaurant use is
consistent with the General Plan land use designation of
General Commercial as support commercial uses, including
restaurants, are permitted by right. The project supports
General Plan Land Use Policy Number 2.7, which promotes
Resolution No. 2015 -37
Page 2 of 5
31 B -24
the rehabilitation of commercial properties and encourages
increased levels of capital investment.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15303.
The project is exempt from further review pursuant to Section 15303. The
Section 15303 (Class 3) exemption consists of the construction of small
structures. The proposal involves the demolition of an existing 9,100
square foot building and construction of two new commercial buildings
totaling 9,300 square feet which is under the 10,000 square foot threshold
for this exemption. Categorical Exemption Environmental Review No.
2014 -160 will be filed for this project.
Section 2. The applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the negligence of the
City of Santa Ana.
Section 3. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2015 -18 as conditioned
in Exhibit A, attached hereto and incorporated herein, for the project located at 1330
East Seventeenth Street. 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 November 9, 2015, and exhibits attached thereto; and, the
public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 9th day of November, 2015.
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Verino (1)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2015 -37
Page 3 of 5
31 B -25
James Gartner
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2015 -37 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 9, 2015.
Date:
Commission Secretary
City of Santa Ana
Resolution No. 2015 -37
Page 4 of 5
31 B -26
EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2015 -18
Conditional Use Permit No. 2015 -18 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 rip or to
exercising the rights conferred by this approval.
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 Development Plan
Approval of DP No. 2014 -54.
2. The berm and proposed landscaping surrounding the drive - through lane
must consist of mature landscaping that will adequately screen the drive -
through lane.
Resolution No. 2015 -37
Page 5 of 5
31 B -27
LS 11.2.15
RESOLUTION NO. 2015 -38
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2015 -09, AS CONDITIONED, TO A REDUCTION IN
REQUIRED PARKING AT 1330 EAST SEVENTEENTH
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. Applicant is requesting approval of Variance No. 2015 -09 to allow for a 21
percent reduction in required parking at 1330 East Seventeenth Street.
B. Pursuant to Article XV of the Santa Ana Municipal Code (SAMC), the
number of parking spaces required for each use shall be determined
separately.
C. Variance No. 2015 -09 came before the Planning Commission on
November 9, 2015, for a duly noticed public hearing. Variance No. 2015-
09 would allow a parking variance of 118 spaces or a 21 percent reduction
in required parking as part of the construction of two commercial buildings
to be located at 1330 East Seventeenth Street.
D. The Planning Commission determines that for Variance No. 2015 -09 the
following findings, which must be established pursuant to Santa Ana
Municipal Code Section 41 -638 in order to grant a variance from the
provision of the Santa Ana Municipal Code, have been established:
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 provision of this chapter.
The project site has a special circumstance related to its
location and surroundings. The proposed structures are
located within a built out development site on Seventeenth
Street and Grand avenue that is surrounded by commercial
and residential uses. Due to its location, there is no feasible
option for providing additional parking for the new uses. In
addition, the parking analysis prepared by Kunzman
Associates, Inc. has determined that sufficient parking will be
Resolution No. 2015 -38
Page 1 of 5
31 B -28
provided for the project by evaluating the existing shopping
center usage during peak periods. The study concluded that
even under peak demand, a minimum of 220 parking spaces
will be available within the shopping center. In addition, the
proposed development will only result in a net increase of 200
square feet following the demolition of the existing commercial
building. As a result, the parking variance will allow the
applicant the ability to use the property in a manner that is
consistent with similar surrounding commercial uses.
That the granting of a variance is necessary for the preservation and
enjoyment of one or more substantial property rights.
The granting of the variance is necessary for the preservation
and enjoyment of substantial property rights. The granting of
the parking variance will preserve the property owner's ability
to establish buildings with uses that will identify the site as an
economically viable development. Further, the reduction in
parking will provide flexibility of leasing options that would
support Policy 2.7 and policy 5.7 of the Land Use Element of
the General Plan which promotes rehabilitation of commercial
properties and encourages increased levels of investment
while anticipating that intensity of new development does not
exceed available capacity.
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 detrimental to the
public or surrounding properties. As demonstrated in the
parking analysis for the project, the site will have sufficient
parking to accommodate the various uses during the peak
parking hours. Therefore, the reduction in parking will not be
detrimental to the surrounding community as it will not result in
parking impacts affecting adjacent commercial or residential
neighborhoods. Further, the site is in compliance with all other
development standards applicable to the property.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The granting of the variance will not adversely affect the
General Plan of the City since both the proposed retail and
restaurant pad with drive - through service and proposed
banking center are both in conformance with City
development standards for commercial uses and are
Resolution No. 2015 -38
Page 2 of 5
31 B -29
consistent with the General Commercial (GC) General Plan
land use designation.
E. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15303.
The project is exempt from further review pursuant to Section 15303. The
Section 15303 (Class 3) exemption consists of the construction of small
structures. The proposal involves the demolition of an existing 9,100
square foot building and construction of two new commercial buildings
totaling 9,300 square feet which is under the 10,000 square foot threshold
for this exemption. Categorical Exemption Environmental Review No.
2014 -160 will be filed for this project.
Section 2. The applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the negligence of the
City of Santa Ana.
Section 3. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Variance No. 2015 -09 for 1330 East Seventeenth
Street as conditioned in Exhibit A attached hereto and incorporated herein. This
decision is based upon the evidence submitted at the abovesaid hearing, which
includes, but is not limited to: the Staff reports and exhibits attached thereto; and, the
public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 91" day of November, 2015.
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Verino (1)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2015 -38
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James Gartner
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify
the attached Resolution No. 2015 -38 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on November 9, 2015.
Date:
Planning Commission Secretary
City of Santa Ana
31 B -31
Resolution No. 2015 -38
Page 4 of 5
EXHIBIT A
Conditions of Approval for Variance No. 2015 -09
Variance No. 2015 -09 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 rip or to
exercising the rights conferred by this approval.
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. The project shall remain in compliance with Development Project Review
No. 2014 -54 and staff report exhibits.
2. Parking reduction may not exceed 21 percent (493 parking spaces).
3. Submit a revised sign program for the shopping center in compliance with
Chapter 41 of the Santa Ana Municipal Code.
4. A lot line adjustment shall be recorded for the removal of existing lot lines
located below any proposed buildings.
5. All parking lot lighting to include all rear building loading and drive aisles
must be upgraded to current code standards as required by Chapter 8,
Article ll, Division 3 of the Santa Ana Municipal Code (Building Security
Ordinance). All lighting should be installed or adjusted to avoid spillover and
glare impacts onto adjoining properties.
6. The operator /owner shall remove any graffiti occurring on the premises
within 24 hours.
7. The property owner shall install and maintain bicycle parking as required
by Section 41- 1307.1 of the Santa Ana Municipal Code.
Resolution No. 2015 -38
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