HomeMy WebLinkAboutRESO 2017-02_1501 N Bristol St (McDonalds Drivethrough)LS 1.9.17
RESOLUTION NO. 2017-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.
2016-48 AS CONDITIONED TO ALLOW A DRIVE-THROUGH, AND
VARIANCE NO. 2016-08 AS CONDITIONED TO ALLOW
REDUCTIONS IN THE OFF-STREET PARKING AND LOADING
REQUIREMENTS FOR THE PROPERTY LOCATED 1501 NORTH
BRISTOL STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. Conditional Use Permit - 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. 2016-48 to allow a
drive-through window service in conjunction with a new McDonald's Restaurant in
the Bristol Street Corridor Specific Plan (SP1) zoning district at the property located
at 1501 North Bristol Street.
B. Santa Ana Municipal Code Section 41-472.5(g) requires approval of a conditional
use permit to allow eating establishments with drive-through window service in the
Bristol Street Corridor Specific Plan (SP1) zoning district.
C. On January 9, 2017, the Planning Commission held a duly noticed public hearing
on Conditional Use Permit No. 2016-48.
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 41-424.5(e), have been
established for Conditional Use Permit No. 2016-48 to warrant approval of the
conditional use permit to allow a drive-through:
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 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
commercial and residential 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.
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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 'd
in the vicinity.
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 Bristol Street as the
internal stacking area has been designed to exceed the minimum standards
required by code. Further, conditions of approval have been incorporated to
minimize potential adverse impacts 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, with the exception of
parking, which is subject to a separate application, landscaping and signage,
that will ensure the site is in 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 McDonald's Restaurant with drive-through window service will
not adversely affect the General Plan. The proposed McDonald's
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;
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and, Goal 3, which aims to allow uses that preserve and improve the
character and integrity of neighborhoods, including both the adjacent
commercial 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, 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
re -investment 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 community.
Section 2. Variance - The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Variance No. 2016-08 to allow a reduction in the
off-street parking requirements in order to construct a 4,000 square foot restaurant
with drive-through window service at the property located at 1501 North Bristol Street.
B. Santa Ana Municipal Code Section 41-632.2 requires approval of a variance to
allow a reduction in the off-street parking requirements in order to construct a 4,000
square foot restaurant with drive-through window service in the Bristol Street
Corridor Specific Plan (SP1) zoning district.
C. The applicant is requesting approval of a variance from Section 41-1305 and 41-1341
of the Santa Ana Municipal Code to allow a reduction in parking and modification in
loading for the proposed restaurant with drive-through window service. Pursuant to
Section 41-1341, ten (10) parking spaces are required for each 1,000 square feet of
gross floor area. As proposed, a total of 40 parking spaces are required, while 37
spaces are provided. In addition, the applicant is requesting modification to the
loading requirement. Instead of providing a dedicated loading space, loading will be
permitted during non -peak hours from the vehicle parking area.
D. On January 9, 2017, the Planning Commission held a duly noticed public hearing
on Variance No. 2016-08.
E. The Planning Commission determines that the following findings, which must be
established in order to grant this variance to Santa Ana Municipal Code Section 41-
632.2, have been established for Variance No. 2016-08 to allow the reduction in off-
street parking and loading requirement:
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1. That because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, that 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.
There are special circumstances applicable to the subject property. The
subject site is located on the east side of Bristol Street between Seventeenth
Street and Washington Avenue. The project site was identified as part of
Bristol Widening project. As a result, the project site will be reduced from
47,039 square feet to 35,989 square feet in size after dedication. There is no
feasible option for providing additional parking and loading spaces required
by the Section 41-1305 and 41-1341 of the Santa Ana Municipal Code due
to the reduced lot size and width. The variance will allow the applicant the
ability to use the property in a manner that is consistent with similar
surrounding commercial uses. The Bristol Street Corridor Specific Plan was
envisioned to create a strong and viable commercial district with systematic
development and landscaping standards.
2. 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 property rights. The granting of the parking variance will preserve the
property owner's ability to re -build a new McDonald's restaurant that meets
the current industry and development standards as well as the City and State
Building and Fire codes at this location. The existing McDonald's restaurant
has been an established business in the City since 1968. The granting of the
variance will contribute to the overall success of the Bristol Street Corridor as
a major commercial corridor in the City as a whole.
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
welfare or injurious to surrounding property. The site will have sufficient
parking and loading to accommodate their patrons and their loading and
unloading needs. Further, the proposed McDonald's restaurant is located
within close proximity to public transportation and Santa Ana Community
College. It is anticipated that a number of its patrons will utilize public
transportation and the pedestrian path along Bristol Street. Therefore, the
reduction in parking will not be detrimental to the surrounding community as it
will not result in parking impacts to the adjacent commercial or residential
neighborhoods. Conditions have been placed to ensure that the site be in
compliance with all other development standards applicable to the property.
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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 as the proposed restaurant use is consistent with Goals 1 and 2 of the
Land Use Element of the General Plan. These goals encourage uses such as
restaurants that promotes a balance of land uses to address basic community
needs and which enhance the City's fiscal viability. In addition, the project is
consistent with Policy 2.2 of the Land Use Element, which supports
commercial uses that accommodate the City's needs for goods and services.
Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation
of commercial properties, and encourages increased levels of capital
investment. Significant site improvements and the construction of a brand-
new 4,000 square foot restaurant will occur on the site that will enhance the
overall appearance of the Bristol Street Corridor, thereby resulting in an
increase in investment on the site. Finally, Policy 5.5 of the Land Use Element
encourages development that is compatible with and supporting of
surrounding land uses. The proposed restaurant will be located in a
commercial area and its operations will be compatible with the surrounding
commercial businesses.
F. The proposed project meets provisions of the zoning code (SAMC Chapter 41)
including lot size, lot frontage, landscaping, setbacks and lot coverage with the
exception of parking. In addition, the proposed restaurant with drive-through will
allow an existing business to stay and grow at the current location as well as
provide additional dining opportunities for residents of Santa Ana. Further, the
project is consistent with the goals and objectives of the General Plan, including
Goal 1, which encourages a balance of land uses that address basic community
needs, and Goal 2, which encourages land uses that enhance the City's economic
and fiscal viability.
Section 3. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15303. This Class 3 exemption
allows small construction projects or buildings in urban areas up to 10,000 square feet in size, not
involving the use of significant amount of hazardous substance where all necessary public
services and facilities are available. Categorical Exemption Environmental Review No. 2015-69
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.
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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 4. 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.
Section 5. The Planning Commission of the City of Santa Ana after conducting the public
hearing hereby approves Conditional Use Permit No. 2016-48 as conditioned in Exhibit A, attached
hereto and incorporated herein, and Variance No. 2016-08 as conditioned in Exhibit B, attached
hereto and incorporated herein, for the project located at 1501 North Bristol 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 January 9th, 2017 and exhibits attached
thereto; and, the public testimony, written and oral, all of which are incorporated herein by this
reference.
ADOPTED this 91h day of January, 2017
AYES: Commissioners: Alderete, Bacerra, Contreras -Leo, McLoughlin, Mendoza,
Nguyen, Verino (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
V '"
L nette Verino
Chairperson
Resolution No. 2017-02
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J
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:i
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2017-02 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on January 9, 2017.
Date: 11 ql j "7 C�V& � /
Acting Recording Secretary
City of Santa Ana
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2016-48
Conditional Use Permit No. 2016-48 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 belowrip 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. 2015-29 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)
6. 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: Hood and duct extinguishing system
(service code PR335).
7. Prior to approval of Certificate of Occupancy, four short term bicycle parking
spaces required by SAMC Section 41-1307.1 shall be installed.
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Conditions of Approval for Variance No. 2016-08
Variance No. 2016-08 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the California Building Standards Code and all other
applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this 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.
B. Planning Division
1. All proposed site improvements must conform to the Site Plan Review approval of
DP No. 2015-29 and the staff report exhibits.
2. Any amendment to this variance must be submitted to the Planning Division for
review. At that time, staff will determine if administrative relief is available or the
variance 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
subject to the approval of the Planning Manager.
5. A total of at least thirty-seven (37) parking spaces and four (4) bicycle parking
spaces shall be maintained on the premises at all times.
6. Loading shall be completed during non -peak hours or in a manner that does not
further reduce required parking.
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