HomeMy WebLinkAbout31D - CUP - 3325 S HARBORREQUEST FOR
COUNCIL ACTION
Real
CITY COUNCIL MEETING DATE:
APRIL 19, 2016
TITLE:
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY;
00*7
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2`4 Reading
❑ Implementing Resolution
❑ Bet Public Hearing For
[•ie]gtt�t�llt� ■i •]
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No, 2016 -07 as conditioned
• lJ a •
At its regular meeting on March 26, 2016 by a vote of 6:0 (Gartner absent), the Planning
Commission adopted a resolution approving Conditional Use Permit No. 2016 -07 as conditioned
to allow the construction of a new Carl's Jr, Restaurant with drive - through window service at 9325
South Harbor Boulevard located in the Light Industrial (M -1) zoning district, The Planning
Commission made no changes to the recommended conditions of approval outlined in the
attached staff report (Exhibit A),
Dave Luxton, representing Dave Luxton Carl's Jr,, is requesting approval of a conditional use
permit to allow the construction of a new Carl's Jr. Restaurant with drive - through window service
at 3325 South Harbor Boulevard, The subject site is .75 acres in size and Is located on the east
side of Harbor Boulevard between MacArthur Boulevard and Moore Avenue. The proposed project
includes the construction of anew 3,000 square -foot restaurant will accommodate 72 patrons and
include a drive- through window. A total of 42 spaces will be provided for this project. In addition, a
number of site Improvements will be made to bring the site into 'compliance with current code
including new drought - tolerant landscaping, building signage, trash enclosure and parking lot
striping. Full -sized site plans are available for public viewing in the Clerk of the Council Office.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development,
Objective 02 (create new opportunities for business /job growth and encourage private
development through new General Plan and .Zoning Ordinance policies).
31 D -1
CUP No. 2016 -07 — Carl's ,Jr. Drive- Through at 3325 south Harbor Boulevard
April 19, 2016
Page 2
FI§CA6 IMEAQT -
There is no fiscal impact associated with this action,
Hassan Haghani, AICP�eI/-' //5
Executive Director
Planning & Building Agency
AN :rb
Adwp5llplanaomm=U PI OJ.CatWsdcoa
Exhibit: A. Planning Commission Staff Report
31 D -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MARCH 28, 2016
TITLE:
PUBLIC HEARING — FILED BY DAVE LUXTON
FOR CONDITIONAL USE PERMIT NO. 2016 -07 TO
ALLOW A CARL'S JR RESTAURANT WITH DRIVE -
THROUGH WINDOW SERVICE AT 3325 SOUTH
HARBOR BOULEVARD (STRATEGIC PLAN NO. 3,2)
Prepared by Ann Hsin -An Ni
ecutive ' ector
>t t
PLANNING COMMISSION SECRETARY
APPROVED
❑ As Recommended
❑ As Amended
❑ Set Public Hearing For
DENIED
Ct Applicant's Request
❑ Staff Recommendation
CONTINUED TO
Planning Man ger
Adopt a resolution approving Conditional Use Permit No. 2016 -07 as conditioned.
Request of Applicant
Dave Luxton, representing Dave Luxton Carl's Jr., is requesting approval of a conditional use
permit to allow the construction of a new Carl's Jr. Restaurant with drive - through window service
at 3325 South Harbor Boulevard. Pursuant to Section 41- 472.5(g) of the Santa Ana Municipal
Code (SAMC), an eating establishment with drive - through window service requires the approval
of a conditional use permit in the M -1 (Light Industrial) zoning district.
Project Location and Site Description
'The subject site is .75 acres in size and is located on the east side of Harbor Boulevard between
MacArthur Boulevard and Moore Avenue. The parcel contains an existing one -story, 2,759 square
foot Carl's Jr. Restaurant that was constructed in 1977. A total of 42 on -site parking spaces are
provided in a surface parking lot. The site is surrounded by industrial uses to the north, east and
west and Kaiser Permanente to the south (Exhibits 1, 2 and 3).
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 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, wholesale, light manufacturing and ancillary commercial establishments that
support the industrial uses such as the proposed restaurant.
EXHIBIT A
31 D -3
Conditional Use Permit No. 2016 -07
March 28, 2016
Page 2
Project Description
Carl's Jr. is requesting approval of a conditional use permit to allow drive - through window service in
conjunction with a new 3,000 square -foot restaurant to accommodate 72 patrons. A total of 30
parking spaces are required and 42 spaces will be provided for this project. In addition, a number of
site improvements will be made to bring the site into compliance with current code, including new
drought - tolerant landscaping, building signage, trash enclosure and parking lot striping.
The proposed architectural style is California Contemporary. A variety of quality building materials,
including stone veneer, pre - finished hanger rod suspended metal canopy, metal cap and expansion
joint will be used. Clear glass storefronts and anodized aluminum frames will be installed on all
windows and doors. Additionally, a new 750 square -foot outdoor dining area will be provided as an
added amenity. The proposed hours of operation will be from 6:00 a.m. to 11:00 p.m. seven days a
week.
An existing 17 -foot landscaped setback will be provided along the Harbor Boulevard frontage. New
landscaping is proposed throughout the site with drought- tolerant landscaping materials (Exhibits 4,
5 and 6).
A new 2,760 square -foot Carl's Jr. Restaurant with drive - through window service was constructed
in 1977 at this location. This Carl's Jr. Restaurant has been in operation since that time.
Project Analysis
Staff has reviewed the applicant's request to construct a new Carl's Jr. Restaurant with drive -
through window service at this location. In analyzing the conditional use permit request, staff
believes that the following analysis warrants staff'Q rornrnmendation of approval for the
conditional use permit.
The proposed Carl's Jr. Restaurant with drive - through window service meets all of the requirements
specified in the M -1 zoning district relating to the proposed use. The proposed project will be in
compliance with the development standards for the M -1 zone, including landscaping and parking.
Parking for a restaurant use is one space per every 100 square feet of gross floor area. A total of
30 spaces are required with 42 spaces to be provided for the site. Additionally, appropriate
conditions of approval have been included for this project that will ensure it remains in compliance
with the provisions of the zoning district.
31 D -4
Conditional Use Permit No. 2018 -07
March 28, 2018
Page 3
The proposed Carl's Jr. Restaurant with drive- through window service will support several goals and
policies of the General Plan, including Land Use Element Goal 1, which promotes the balance of
land uses to address basic community needs; Goal 2, which promotes land uses that enhance the
economic viability of the City; and, Goal 3, which aims to allow uses that preserve and improve the
character and integrity of neighborhoods, including both the adjacent industrial and residential
neighborhoods. The project will promote a balance of land uses to address basic community needs
and that enhance the economic viability of the City and will provide a use that will assist in
diversifying the range of services available to adjacent communities. Land Use Element Policy 2.8
promotes the rehabilitation of commercial properties and encourages increase levels of capital
investment, This project will promote the rehabilitation of a commercial property and encourage
increased levels of capital investment through the construction of a new restaurant on this site.
Further, Land Use Element Policy 5.5 encourages development which is compatible with and
supportive of surrounding land uses. The proposed project will assist in providing a variety of dining
services to those working in the immediate area and will provide employment opportunities to
residents that live in the surrounding communities.
Public Notification
The project site is not located within any boundaries of a Neighborhood Association. The project
site was 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 occupants
within 500 feet of the project site, At the time of this printing, no correspondence, by phone,
written or electronic has 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 infili 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. 2015 -81 will be filed for this project.
1. There will not be a significant cumulative effect by this project and successive projects of
the same type in the same place, over time.
There is not a reasonable possibility that the project will have a significant effect on the
environment due to unusual circumstances.
3, This project does not damage a scenic resource within an officially designated state scenic
highway.
31 D -5
Conditional Use Permit No. 2016 -07
March 28, 2016
Page 4
4. This project is not located on a site included on any list compiled pursuant to Government
Code Section 65962.5.
5. This project does not cause a substantial adverse change in the significance of a historical
resource.
Strategic Plan Alignment
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
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit No. 2016 -07 as conditioned.
Ann H. Ni
Associate Planner
AN Jrn
Anhwp5I1plancomm=UP16- 7.Cad'skpc
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Land Use Map
Exhibit 3 — Site Photo
Exhibit 4 — Site Plan
Exhibit 5 — Elevations
Exhibit 6 — Preliminary Landscaping Plan
31 D -6
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31 D -8
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L5 3.26.16
RESOLUTION NO, 2016 -xx
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.
2016 -07 AS CONDITIONED TO ALLOW A DRIVE - THROUGH FOR
THE PROPERTY LOCATED 3325 SOUTH HARBOR BOULEVARD
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. 2016 -07 to allow a
drive- through in the Light Industrial (M -1) zoning district at the property located at
3325 South Harbor Boulevard,
B. Santa Ana Municipal Code Section 41- 472.5(8) requires approval of a conditional
use permit to allow eating establishments with drive - through window service in the
Light Industrial (M -1) zoning district.
C. On March 28, 2016, the Planning Commission held a duly noticed public hearing on
Conditional Use Permit No. 2016 -07.
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- 472.5(8), have been
established for Conditional Use Permit No. 2016 -07 to warrant approval of the
conditional use permit to allow a drive - through:
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 eating establishment with drive - through window service
will provide a service to the community. The proposed eating
establishment with drive - through window service 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.
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. 2016 -xx
31D-14 Page 1 of 6
The proposed eating establishment with drive- through window service
will not be detrimental to persons residing or working in the vicinity
because the eating establishment with drive - through window service
has been designed to minimize potential impacts to vehicles travelling
along Harbor Boulevard as the internal stacking area has been
increased. Further, conditions of approval have been incorporated to
minimize potential adverse impact from occurring on the premises.
3. That the proposed use will not adversely affect the present economic stability
or future economic development of properties surrounding the area.
The proposed eating establishment with drive - through window service
will not adversely affect the economic stability of the area but will
make a positive contribution to the surrounding area. The project will
provide a well maintained and operated service to the community and
will complement and improve the economic viability of the area as the
proposed eating establishment with drive- through window service
would include improvements to the property and streetscape including
new landscaping and architectural enhancements. The use of the site
as an eating establishment with drive - through window service in
conjunction with the improvements that will be made to the site will
improve the economic viability of the area.
4. That the proposed use will comply with the regulations and conditions
specified in Chapter 41 for such use.
The proposed eating establishment with drive- through window service
will be in compliance with all applicable regulations and provisions of
Chapter 41 of the Santa Ana Municipal Code and all other provisions
that are applicable to an eating establishment with drive - through
window service, Site improvements are proposed to the drive - through
lane, parking lot, landscaping and signage to bring the site into
compliance with the zoning code.
5. That the proposed use will not adversely ,affect the General Plan or any
specific plan of the City.
The proposed Carl's Jr. Restaurant with drive - through window service
will not adversely affect the General Plan. The proposed Carl's Jr.
Restaurant with drive - through window service will support several
goals and policies of the General Plan, including Land Use Element
Goal 1, which promotes the balance of land uses to address basic
community needs; Goal 2, which promotes land uses that enhance
the economic viability of the City; and, Goal 3, which aims to allow
uses that preserve and improve the character and integrity of
neighborhoods, including both the adjacent industrial and residential
neighborhoods. The project will promote a balance of land uses to
Resolution No. 2016 -xx
31 D -15 Page 2of6
address basic community needs and that enhance the economic
viability of the City, will provide a use that will assist in diversifying the
range of services available to adjacent communities. Land Use
Element Policy 2.8 promotes the rehabilitation of commercial
properties and encourages increase levels of capital investment. This
will promote the rehabilitation of a commercial property and
encourage increased levels of capital investment through the
construction of a new restaurant for this site. Further, Land Use
Element Policy 5.5 encourages development which is compatible with
and supportive of surrounding land uses. The proposed project will
assist in addressing the needs of dining services to those working in
the immediate area and will provide employment opportunities to
residents that live in the surrounding communities.
Section 2. 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 it is consistent with the zoning and General Plan, does not
have any noise or traffic impacts, and can be served by existing utilities. Categorical Exemption
Environmental Review No. 2015 -81 will be filed for this project.
1. There will not be a significant cumulative effect by this project and
successive projects of the same type in the same place, over time.
2. There is not a reasonable possibility that the project will have a significant
effect on the environment due to unusual circumstances.
3. This project does not damage a scenic resource within an officially
designated state scenic highway.
4. This project is not located on a site included on any list compiled pursuant to
Government Code Section 65962.5.
5. This project does not cause a substantial adverse change in the significance
of a historical resource.
Section 3. 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 sole negligence of the City of Santa Ana.
Resolution No, 2016 -xx
31 D -16 Page 3 of 6
Section 4. The Planning Commission of the City of Santa Ana after conducting the public
hearing hereby approves Conditional Use Permit No. 2016 -07 as conditioned in Exhibit A, attached
hereto and incorporated herein, for the project located at 3325 South Harbor Boulevard. 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 March 28, 2016 and exhibits
attached thereto; and, the public testimony, written and oral, all of which are incorporated herein
by this reference.
ADOPTED this 281" day of March, 2016
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
James Gartner
Chairperson
Resolution No. 2016 -xx
31 D-17 Page 4of6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March 28, 2016,
Acting Recording Secretary
City of Santa Ana
Resolution No. 2016 -xx
31 D -18 page 5 of 6
Y 1
Conditions of Approval for Conditional Use Permit No. 2016 -07
Conditional Use Permit No. 2016 -07 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 the Site Plan Review approval
of DP No. 2015 -39 and the staff report exhibits.
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. Prior to approval of Certificate of Occupancy, all on -site improvements shall be
made in accordance with the submitted plans.
4. Landscaping shall be maintained in compliance with the submitted plan. Any
modifications to this plan shall be submitted to the Planning Division for review
and are subject to the approval of the Planning Manager.
5. The applicant or responsible party shall submit the plan(s) listed below to the
Orange County Fire Authority for review. Approval shall be obtained on each
plan prior to issuance of a building permit:
a. Fire master plan (service code PR145)
b. Architectural (service code PR248)
The applicant or responsible party shall submit the plan(s) listed below to the
Orange County Fire Authority for review. Approval shall be obtained on each
plan prior to concealing interior construction:
a. Hood and duct extinguishing system (service code PR335)
Resolution No. 2016 -xc
31 D -19 Page 6 of 6
31 D -20