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HomeMy WebLinkAbout75B - PH - CUP - 2603 S MAIN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 18, 2017 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2016-05 AND CONDITIONAL USE PERMIT NOS. 2016-44 AND 2017-06 TO ALLOW A CAR WASH FACILITY AND A DRIVE -THROUGH FOR THE PROJECT LOCATED AT 2603 SOUTH MAIN STREET - LEON FELUS, APPLICANT (STRATEGIC PLAN NO. 3,2) afry MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: Wil-061wo, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"tl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt an ordinance approving Amendment Application No. 2016-05. 2. Adopt a resolution approving Conditional Use Permit No. 2016-44 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2017-06 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on March 27, 2017, by a vote of 6:0 (Alderete absent), the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2016-05 to change the zoning from General Commercial (C-2) to Light Industrial (M-1); adopt a resolution approving Conditional Use Permit No. 2016-44 as conditioned to allow a carwash facility; and Conditional Use Permit No. 2017-06 as conditioned to allow a drive -through for a proposed restaurant located at 2603 South Main Street. The Planning Commission made no changes to the attached staff report (Exhibit A). DISCUSSION Leon Felus, representing Gardena Group Holdings LLC, is requesting approval of an amendment application to rezone property from General Commercial (C-2) to Light Industrial (M-1), and two separate conditional use permit applications to allow a service gas station with a retail convenience store, a car wash, and an eating establishment with drive -through service at 2603 South Main Street. Approving the zone change will allow for the General Plan designation and the new zoning designation to be consistent. The site is approximately 59,906 square feet (1.37- acres) in size. The central component of the project will be a new 4,064-square-foot building 75B-1 AA No. 2016-05, CUP Nos. 2016-44 & 2016-06 — Car Wash Facility and Drive -Through at 2603 South Main Street April 18, 2017 Page 2 located to the north east of the site. The building will be occupied by two separate tenant spaces: a convenience store proposing to utilize 2,000 square feet of the building, and a restaurant occupying the remaining 2,064 square feet. The service station will also consist of a 3,686-square-foot canopy located at the west of the property. Under the canopy will be a total of 12 pump stations for customers to use. Lastly, the applicant is proposing to construct a self-service, automated carwash facility and vacuum stations. The new 2,300-square-foot carwash will be located at the south of the property with the entrance located at the center of the site. The carwash facility will provide three vacuum stations for use before or after the vehicle has been washed. 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, Objectives #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Hagh4ni, AIG Executive Director Planning & Building Agency IO:rb to\Planning Commission@603 S Main\2603 S Main Street Chevron AA-CUP.cc Exhibit: A. Planning Commission Staff Report B. Ordinance C. Resolution 75B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 27, 2017 TITLE: PUBLIC HEARING — FILED BY LEON FELUS FOR AMENDMENT APPLICATION NO. 2016-05 AND CONDITIONAL USE PERMIT NOS. 2016.44 AND 2017-06 TO ALLOW A CAR WASH FACILITY AND A DRIVE -THROUGH FOR THE PROJECT LOCATED AT 2603 SOUTH MAIN STREET {STRATEGIC PLAN NO. 3,2) Prepared by Ivan Orozco Executive Director.% RECOMMENDED ACTION Recommend that City Council: PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning .: 1. Adopt a resolution recommending that the City Council adopt an ordinance approving Amendment Application No. 2016-05. 2. Adopt a resolution approving Conditional Use Permit No. 2016-44 as conditioned (carwash facility). 3. Adopt a resolution approving Conditional Use Permit No. 2017-06 as conditioned (drive -through). Executive Summary Leon Felus, representing Gardena Group Holdings LLC, is requesting approval of an amendment application to rezone property from General Commercial (C-2) to Light Industrial (M-1), and two separate conditional use permit applications to allow a service gas station with a retail convenience store, a car wash, and an eating establishment with drive -through service at 2603 South Main Street. Staff is recommending approval of the zone change and the conditional use permits to allow the proposed construction of the various uses. Approving the zone change will allow for the General Plan designation and the new zoning designation to be consistent. Additionally, the proposed uses will provide additional services to residents, workers, and visitors in the area and will not negatively impact the surrounding community due to the site's location away from sensitive land uses and the site's proposed design. Table 1: Project and Location Information litern I Information Project Address 2603 South Main Street _ Nearest Intersection Main Street and dyer Road EXHIBIT A 75B-3 AA No. 2016-05, CUP Nos. 2016-44 & 2017-06 March 27, 2017 Page 2 Item`. Information. , General Plan Designation Industrial IND Existing Zoning Designation General Commercial C-2 Proposed Zoning Desi nation Light Industrial M-1 Surrounding Land Uses North I Commercial East Commercial South Commercial West Industrial x Pro ert Size 59,906 s uare Peet 1.37 Acres Existing_Site Development Vacant Use Permisslons/Proposed Development Service Station & Canopy: Allowed by right and limited to 2,000 square feet of floor area devoted to non -auto related uses. Restaurant with drive -through window service: The restaurant use is allowed by right; however, the drive -through window service requires approval of a CUP. Automated car wash: The car wash facility requires approval of a CUP. Zoning Code Sections Affected Uses Section 41-472 & 41-472.5 SAMC Development Standards Section 41-374 & 41-474 SAMC Project Description The project includes construction of a service station, car wash, and restaurant with a drive -through lane. The central component of the project will be a new 4,064-square-foot building located to the north east of the site. The building will be occupied by two separate tenant spaces: a convenience store proposing to utilize 2,000 square feet of the building, and a restaurant occupying the remaining 2,064 square feet, The service station will also consist of a 3,686-square-font canopy located at the west of the property. Under the canopy will be a total of 12 pump stations for customers to use. The proposed restaurant will be located within a 2,064-square-foot tenant space. The restaurant space will provide a full -service kitchen and seating area, which allows for a variety of different food related tenants. The restaurant is also proposing to provide a drive -through facility as part of the daily operations. The drive -through is designed to wrap around the entire building, with the entrance of the drive -through at the south of the building traveling up and around the east elevation until it exits towards the project site's Goetz Avenue driveway. Lastly, the applicant is proposing to construct a self-service, automated carwash facility and vacuum stations. The new 2,300-square-foot carwash will be located at the south of the property with the entrance located at the center of the site. The carwash facility will provide three vacuum stations for use before or after the vehicle has been washed. The design and amenities of the car wash will 75B-4 AA No. 2016-05, CUP Nos. 2016-44 & 2017-06 March 27, 2017 Page 3 provide patrons a full -service wash in a small and quick service automated facility. The architecture of the building is proposed to complement that of the restaurant and convenience store. Special consideration has been taken to provide a higher level of materials for the building and the roll -up doors. The landscaping for the site will be reviewed to meet all City of Santa Ana Landscaping requirements at the time of Building plan check. Tables 2A and 2B provide a detailed comparison of the project's compliance with the applicable land use and development standards. Table 2A: Land Use Standards Light Industrial (M1) (SAMC Sec. 41-471) Proposed Land Use Permit Requirements Restaurant Allowed by Right Drive -through Service for Restaurant Conditional Use Permit Carwash Conditional Use Permit Service station and Store Allowed by right (Convenience store is limited to 2,000 square feet) 24hr Operation of service station Allowed b Ri ht 24nr C eration of satin establishment Allowed b Right Table 28: Development Standards —Light Industrial (M1) (SAMC Sec. 41-474 through 41.481) Standard Re aired b SAMC Provided Lot Size Minimum 12,000 Square Feet Complies; 59,549 Square Feet Complies; 715 Feet (project has frontage Street Frontage Minimum 100 Feet on Main Street, Goetz Avenue, and C ress Avenue) Building Height Not to exceed 35 Feet Complies; Less than 22 Feet Landscape Buffer 20 Feet on Main/10 Feet on Complies Goetz and Cypress Parking Required: 32 spaces and 3 _ Complies; 32 spaces and 3 vacuum vacuum spaces spaces F.A.R. Not to exceed 0.45 FAR Complies; 0.17 FAR Signage Not required Freestanding and wall signs (deferred submittals) Stacking Distance (drive- 80 Feet Complies; 80 Feet #nrou h Driveway Width (service 35 feet maximum _ Complies; 32 Feet station 75B-5 AA No. 2016-05, CUP Nos. 2016-44 & 2017-06 March 27, 2017 Page 4 Light industrial (M1) (SAMC Sec. 41-474 through 41-481) — Standard Required by SAMC Provided _ _ Landscaping Buffer (service _ 5 Foot landscape yard along Complies, 5 foot landscape yard station) the rear/side lot line Landscaping Adjacent to Requires landscape berm Complies Street Protect Background and Chronoloay The property was formerly improved with a laundry and dry cleaning business that was constructed in 1948. Through the years, the building underwent several modifications until 1991 when a demolition permit was issued and the lot was cleared. In February 2015, the applicant submitted plans to develop the site with a new service station, restaurant, and a carwash. The project was reviewed by the Development Review Committee (DRC) where it was determined that the drive - through service lane and the car wash facility would require approval of conditional use permits. Project Analysis The Light Industrial (M-1) zoning designation allows for a variety of uses by right, as long as those uses meet the SAMC parking requirements. The project site is proposing to construct several of those uses, including a service station and restaurant. Pursuant to the SAMC, up to 2,000 square feet of product sales retail square footage can be devoted to non -auto related services as part of the service station. The proposed service station and its retail store comply with this 2,000-square-foot limitation. Although the site is considered a multi -tenant industrial site and all of the uses are complimentary to the other, each of the uses proposed on the property is independent from the other. The convenience store and restaurant are not connected or require the other to operate. Amendment Application The existing zoning designation of the property is General Commercial (C-2); the C-2 zoning designation is inconsistent with the General Plan land use designation of Industrial (IND). Because the project proposes developing several commercial uses that require approval of discretionary actions, the zoning designation and General Plan land use designations must be made consistent with each other. The C-2 zone and the Light Industrial (M-1) zone allow for a restaurant use, service station, and carwash; however, some of the uses require discretionary approval of a conditional use permit (CUP). In order to approve a CUP, the General Plan Land Use designation and the zoning designation must be made consistent. In addition to the subject property, the General Plan land use designation for the vicinity Is Industrial (IND) and the majority of the properties in the area are already zoned Light Industrial (M-1) with the exception of several properties south of the subject site. Those properties are zoned C-2 and will need to be modified through a General Plan land use designation and rezoning clean-up effort. 75B-6 AA No. 2016-05, CUP Nos. 2016-44 & 2017-06 March 27, 2017 Page 5 Conditional Use Permit (Carwash The applicant's request for a conditional use permit (CUP) to allow an automated carwash will create an additional amenity for the property and the area. The carwash facility is designed to be operated with minimal supervision as the tunnel and three vacuum stations are intended for self -operation. The facility is also designed and located so as to generate minimal noise and traffic impacts to the surrounding land uses. The entrance to the facility is located at the center of the site with sufficient stacking space as to minimize any potential traffic generated on -site, as well as providing sufficient distance from the entrance of the carwash to the pay station. The stacking distance that is proposed for the car wash not only meets all minimum City required distances but also wraps around the car wash building and away from other on -site circulation. Currently, there are no residential uses in the near vicinity; the surrounding land uses are commercial or industrial. Conditions of approval have been added to ensure that sound does not become a nuisance to the neighboring properties. In addition, to minimize the noise and potential traffic, staff has conditioned the proposed hours of operation from 7:00 a.m. to 8:00 p.m. Conditional Use Permit (Drive-throuah The applicant's request for a conditional use permit to allow a drive -through facility for the restaurant will allow the proposed restaurant to provide an added amenity to the property, the employees who work In the close vicinity, and the residents who live in the general area. Allowing the restaurant to have a drive -through window will provide a service that will help promote economic development to the area which will contribute to the general well-being of the neighborhood and the community. The drive - through is designed and intended to generate the least amount of impact for the on -site and off -site circulation. Since the drive -through lane goes through the rear of the property, it will produce minimal Visual impact onto Main Street and will allow vehicles to flow through the additional driveways on Goetz and Cypress Avenues. Additionally, the drive -through is intended to minimize any possible stacking issues on any of the streets. The drive -through is also designed to generate minimal noise impacts; the speaker boxes and the order menu are both located at the center on the site and directed towards the parking area. Any potential noise generated from the idling of vehicles or the drive -through order equipment is anticipated to blend into the surrounding industrial and commercial uses in the vicinity, thus lessening any potential impacts on the neighborhood. The proposed drive -through has met all the Design Review Committee requirements which include landscaping berms and pedestrian walkways. These design requirements will ensure that the drive -through facility does not negatively impact the uses on the site, the neighboring properties, or the vehicular or pedestrian circulation in the area and will not be detrimental to the health, safety, and welfare of the residents or persons working in the vicinity. 75B-7 AA No. 2016-05, CUP Nos, 2016-44 & 2017-06 March 27, 2017 Page 6 Table 3: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA; Strategic Plan„Alignment and Public Notification & Cornmunit` Outreach CEQA CEQA T e Class 3 Section 15303) Document Type Cate orical Exern tion (ER No. 2015-15) Class 3 exemptions apply to new construction, The subject project is limited to less Reason(s) Exempt than 10,000 square feet on new commercial buildings in an urbanized area. Additionally, it has been identified that the development of the site will not adversely or Analysis impact the environment, any designated scenic highways, or sites which have been identified to contain hazardous waste. _Strafe iC.Rlat Ali nment Goal(s), Policy or 3, 2 (create new opportunities for business/job growth and encourage private Policies development through new General Plan and Zon ng Ordinancepolicies) Ndtlficatia`n,& Community Outr•®aeh ,Public , s .`;.,: Site posting A public noticed was posted on the project site on March 3, 2017. Notification by mail was mailed to all property owners and Required Measures Notification by mail occupants within 500 feet of the project site on March 3, 2017. Newspaper posting Newspaper posting was published in the Orange County Reporter on March 3, 2017. The Delhi Neighborhood Association chairpersons were contacted by phone 10 days Additional Measures prior to the public hearing. At the time this report was printed, no issues of concern were raised regarding this a lication. Lased on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2016-05, Conditional Use Permit No. 2016-44 as -conditioned, and Conditional Use Permit No. 2017-07 as conditioned. Ivan Orozco `W' t/ Assistant Planner II IO:jm IoTlanning Commisslon12003 S Maln\2303 S Main Street Chevron AA-CUP.pc 75B-8 AA No. 2016-05, CUP Nos, 2016-44 & 2017-06 March 27, 2017 Page 7 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Proposed Sectional District Map Exhibit 4 — Site Photo Exhibit 5 -- Site Plan Exhibit 6 — Technical Site Plan Exhibit 7 -- Restaurant and Convenience Store Elevations Exhibit 8 — Car Wash Elevations Exhibit 9 — Service Station Canopy Elevations 75B-9 I C9 . 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INDUSTRIAL INDUSTRIAL INDUSTRIAL GOETZ AVENUE F- LU w cc SITE > INDUSTRIAL. `n INDUSTRIAL w rc INDUSTRIAL a r v INDUSTRIAL Z INDUSTRIAL AA 2016-05/CUP 2016-44• & CUP 2017-06 CHEVRON SERVICE STATION, CARWASH & r` RESTAURANT DRIVE THRU 2603 SOUTH MAIN STREET P L A N N I N G A N D 6 U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 75B-11 1 ° W)A77R((ILF1�R A4 § ° AV WARNM ! ��11■ii6 Emil wl-W; y! Q �r it qq e g V Y r a ) �t o g A » l um . 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Gi htiYfE84V.GflNRVE#SI:V. N 4'#SR?2tliSi.;AI OP APE9IFlLPL:ti �i �' )ev>�rwa�a�,u+m i f1# CCP%i5iC.41LR£34X_alilAL PCL+. iP6MM1=4 G]IAIAURFiYC£l'EdiWtiflCIT .` Nye. <.1!_..._ Y 1��—� p .11fA 1Y.1 � I 1 1 1 I I I I I I I aaa}mvn A,M1WA 4Y T:TY1 b 4'M1l r -� -� �.I+'f AM.Y u� TT-1-TT T- TITT �iNKRi iE ,1. I �A (�) 4 - CITY OF SANTAAWA. CALIFORNIA i4 .. PREPARSO BY TWE PLAMNING DIVISION 75B-12 iii { 11 ii it 113��' i 6 i ! { Y � t l f�l011f 1. it I'.lili t' 1102 f � _ s nrt f� 3 [ P� 3 15 'iVg �1t 1 RAP �.f F{'Si 2 Th. fs4 31� t ; -, „ East and West Elevations North and South Elevations 3D perspective Service Station Fueling Canopy 75B -18 LS 04.18.17 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016 -05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Amendment Application No. 2016 -05 has been filed to change the zoning designation of the parcel located at 2603 South Main Street from General Commercial (C -2) to the Light Industrial (M -1) zoning designation. B. On March 27, 2017, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: Adopt an ordinance approving Amendment Application No. 2016 -05 for the property located at 2603 South Main Street, 2. Approve a conditional use permit as conditioned (No. 2016 -44) to permit a carwash facility and conditional use permit as conditioned (No. 2017 -06) to permit a drive - through service window at 2603 South Main Street, C. The zoning designation of the Light Industrial (M -1) will allow the subject site approval of applications for conditional use permits to allow the development of a carwash facility and a drive - through window service by bringing the rezoned property into consistency with the General Plan land use designation of Industrial (IND). D. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the general plan. E. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on April 18, 2017. F. The City Council also adopts as findings all facts presented in the Request for Council Action dated April 18, 2017 accompanying this matter. Exhibit B Ordinance No. NS -XXXX Page 1 of 3 75B -19 G. For these reasons, and each of them, Amendment Application No. 2016- 05 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA 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 substances where all necessary public services and facilities are available. The cumulative impact of this project will not be significant as the use will be complimentary with the nearby commercial uses in the area. Additionally, it has been identified that the development of the site will not adversely impact the environment, any designated scenic highways, or sites which have been identified to contain hazardous waste. Additionally, it was evaluated that the proposed uses for the site are consistent with both the General Commercial (C -2) and the Light Industrial (M -1) zoning designation. The amendment application to change the existing zoning designation to the Light Industrial (M -1) zone is intended to provide consistency with the General Plan of the city. Categorical Exemption Environmental Review No. 2015 -15 will be filed for this project. 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. Section 4. The City Council of the City of Santa Ana hereby adopts an ordinance rezoning the real property located at 2603 South Main Street from General Commercial (C -2) to Light Industrial (M -1), (AA No. 2016 -05). Amended Sectional District Map number 30 -5 -9 showing the above described change in use district designation, is attached hereto as Exhibit "1" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated April 18, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this day of , 2017. Miguel A. Pulido Mayor Ordinance No. NS -XXXX Page 2 of 3 75B -20 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:— tLGJe,�r c / Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2 017 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. mom Clerk of the Council City of Santa Ana 75B -21 Ordinance No. NS -XXXX Page 3 of 3 TONING DISTRICTS Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO- FAMILY RESIDENCE -E PARKING MODIFICATION C1 COMMUNRYCOMMERCNL GC GOVERNMENTCENTER R3 MULTIPLE - FAMILY RESIDENCE -OZ OVERLAYZONE C1MO COMMUNITY COMMERCIAL - MUSEUMDIST. MI LIGHTINDLISTRIAL R4 SUBURBAN APARTMENT .FRD PLANNED RESIDENTIAL C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE DEVELOPMENT C4 PLANNED SHOPPING CENTER 0 OPENSPACE SD SPECIFIC DEVELOPMENT HD2 HEIGHTDISTRICTII C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIGPLAN OR COMMERCIALRESIDENTIAL RI SINGLE - FAMILY RESIDENCE SECTIONAL DISTRICT MAP 30-5 -9 CITY OF SANTA ANA, CALIFORNIA Exhibit: 1 75B -22 LS 04.18.17 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016 -05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Amendment Application No. 2016 -05 has been filed to change the zoning designation of the parcel located at 2603 South Main Street from General Commercial (C -2) to the Light Industrial (M -1) zoning designation. B. On March 27, 2017, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2016 -05 for the property located at 2603 South Main Street, 2. Approve a conditional use permit as conditioned (No. 2016 -44) to permit a carwash facility and conditional use permit as conditioned (No. 2017 -06) to permit a drive- through service window at 2603 South Main Street. C. The zoning designation of the Light Industrial (M -1) will allow the subject site approval of applications for conditional use permits to allow the development of a carwash facility and a drive - through window service by bringing the rezoned property into consistency with the General Plan land use designation of Industrial (IND). D. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the general plan. E. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on April 18, 2017. F. The City Council also adopts as findings all facts presented in the Request for Council Action dated April 18, 2017 accompanying this matter. Ordinance No. NS -XXXX Page 1 of 3 75B -23 G. For these reasons, and each of them, Amendment Application No. 2016- 05 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA 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 substances where all necessary public services and facilities are available. The cumulative impact of this project will not be significant as the use will be complimentary with the nearby commercial uses in the area. Additionally, it has been identified that the development of the site will not adversely impact the environment, any designated scenic highways, or sites which have been identified to contain hazardous waste. Additionally, it was evaluated that the proposed uses for the site are consistent with both the General Commercial (C -2) and the Light Industrial (M -1) zoning designation. The amendment application to change the existing zoning designation to the Light Industrial (M -1) zone is intended to provide consistency with the General Plan of the city. Categorical Exemption Environmental Review No. 2015 -15 will be filed for this project. 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. Section 4. The City Council of the City of Santa Ana hereby adopts an ordinance rezoning the real property located at 2603 South Main Street from General Commercial (C -2) to Light Industrial (M -1), (AA No. 2016 -05), Amended Sectional District Map number 30 -5 -9 showing the above described change in use district designation, is attached hereto as Exhibit "1" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated April 18, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this day of , 2017. Miguel A. Pulido Mayor Ordinance No. NS -XXXX Page 2 of 3 75B -24 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2017 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. mimm Clerk of the Council City of Santa Ana 75B -25 Ordinance No. NS -XXXX Page 3 of 3 - � ,[p g Ngpwdo a10 x1 9f� REfN I � �L oR M1 m IP1 aE z C, M, fn M, R] 'Jill O y P RE RE ' a CE C¢H,vnL PV U j RI q " 0 - ♦ R A P Q eP ys`dv <z o Rz o a Jd om MI VID-1 CE 111 OIEPON CS r4 y SmxP4H DYER RD n NCE n -j - MI e x `UtlNS9., tl RSe,uNexe 3 � a Na CR Pf n,rnvv �� ;av Rl AtF} OIV i ` tr LLL ] d [gU,PSMe xv .. SiCSY_N— 4tli�' ]i[ AVq % _ — THUR B 0 LV MACAR Cs sorer % °p �l \ MIS ZONING DISTRICTS P Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO- FAMLYRESIDENCE -B PARKING MODIFICATION Ci COMMUNRYCOMMERCIAL GC GOVERNMENTCENTER R3 MULTIPLE - FAMILY RESIDENCE -OZ OVERLAY ZONE CIMD COMMUNRYCOMMERCIAL MUSEUMDIST. Mt LIGHTNDUSTRAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL C2 GENERAL COMMERCA L M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE PRO DEVELOPMENT C4 PLANNED SHOPPING CENTER 0 OPEN SPACE SO SPECFICDEVELOPMENT -H02 HFJGHTDISTRICTU C5 ARTERAL COMMERCIAL P PROFESSIONAL SP $PECFICPLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE SECTIONAL DISTRICT MAP: 30-5-9 e CITY OF SANTA ANA. CALIFORNIA Exhibit: 1 75B -26 LS 03.27.17 RESOLUTION NO. 2017 -09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE CHANGING THE ZONING DISTRICT OF THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) 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. Amendment Application No.2016 -05 has been filed to change the zoning designation of the parcel located at 2603 South Main Street from General Commercial (C -2) to the Light Industrial (M -1) zoning designation. B. On March 27, 2017, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2016 -05 for the property located at 2603 South Main Street. 2. Approve a conditional use permit as conditioned (No. 2016 -44) to permit a carwash facility and conditional use permit as conditioned (No. 2017 -06) to permit a drive - through service window at 2603 South Main Street. C. The zoning designation of the Light Industrial (M -1) will allow the subject site approval of applications for conditional use permits to allow the development of a carwash facility and a drive - through window service by bringing the rezoned property into consistency with the General Plan land use designation of Industrial (IND). D. The Planning Commission has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the general plan. E. For these reasons, and each of them, Amendment Application No. 2016- 05 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the Exhibit C Resolution No. 2017 -09 Page 1 of 3 75B -27 City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA 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 substances where all necessary public services and facilities are available. The cumulative impact of this project will not be significant as the use will be complimentary with the nearby commercial uses in the area. Additionally, it has been identified that the development of the site will not adversely impact the environment, any designated scenic highways, or sites which have been identified to contain hazardous waste. Additionally, it was evaluated that the proposed uses for the site are consistent with both the General Commercial (C -2) and the Light Industrial (M -1) zoning designation. The amendment application to change the existing zoning designation to the Light Industrial (M -1) zone is intended to provide consistency with the General Plan of the city. Categorical Exemption Environmental Review No. 2015 -15 will be filed for this project. 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. Section 4. The Planning Commission of the City of Santa Ana recommends that the City Council adopt an ordinance rezoning the real property located at 2603 South Main Street from General Commercial (C -2) to Light Industrial (M -1), (AA No. 2016- 05) Amended Sectional District Map number 30 -5 -9 showing the above described change in use district designation, is hereby attached hereto as Exhibit " 1" and incorporated by this reference as though fully set forth herein. This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 27, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2017 -09 Page 2 of 3 75B -28 ADOPTED this day of March, 2017. AYES: Commissioners: BACERRA, CONTRERAS -LEO, MCCLOUGHLIN, MENDOZA, NGUYEN, VERINO (6) NOES: Commissioners: ABSENT: Commissioners: ALDERETE (1) Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Sarah Bernal, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March _, 2017. Date: Recording Secretary City of Santa Ana 75B -29 Resolution No. 2017 -09 Page 3 of 3 LS 3.27.17 RESOLUTION NO. 2017 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA TO RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT NO. 2016 -44 AS CONDITIONED TO ALLOW A CARWASH FACILITY, AND CONDITIONAL USE PERMIT NO. 2017 -06 AS CONDITIONED, TO ALLOW A RESTAURANT WITH DRIVE - THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 2603 SOUTH MAIN 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 (CUP) Nos. 2016 -44 and 2017 -06 to allow a carwash facility and a restaurant with drive - through service for the property located at 2603 South Main Street. B. On March 27, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit Nos. 2016 -44 and 2017 -06. C. The Planning Commission determines that for Conditional Use Permit No. 2016 -44 (carwash facility), the following findings, which must be established pursuant to Santa Ana Municipal Code (SAMC) Section 41- 638 have been established: 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 proposed carwash facility will provide an amenity to the neighborhood and surrounding community by allowing customers the opportunity to pump gas, purchase a variety of products, and wash their vehicles in one location. The carwash facility will be the only one in the vicinity. Conditions of approval will be added that are applicable to the daily operation of the carwash facility to ensure that the use will not negatively affect the surrounding community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2017 -10 Page 1 of 7 75B -30 The proposed carwash facility has been designed to reduce any potential negative impacts to the health, safety, and general welfare of the residents, workers, or visitors to the site. Construction requirements for the structure and overall layout and access to the facility will reduce any potential negative or adverse impacts created by the use. This is primarily an ancillary amenity to the service station and therefore will not be frequented or utilized for extended periods of time. In addition the hours of operation that are proposed for the carwash are between 7:00 am to 8:00 pm daily. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed carwash will create an additional place of business and amenity for the project site. Offering the ancillary service of a carwash will attract additional customers to the site which will take advantage of the other uses such as the service station and restaurant. The additional source of income to the site will not adversely affect the economic stability of the area, but will instead promote a higher business activity in the area and the site which currently sits vacant and has done so for a number of years. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and conditions imposed on a commercial carwash facility pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a self- service automated carwash facility providing the necessary tools to service a vehicle that any carwash facility provides. In addition to the amenities that the carwash will provide, the carwash will provide all the necessary stacking distances to help mitigate any potential traffic impacts on and off the site. The proposed hours of operation will allow the facility to conform to the SAMC noise standards and regulations. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate Resolution No. 2017 -10 Page 2 of 7 75B -31 the City's needs for goods and services. Providing an additional amenity on the site allows for Santa Ana residents and visitors, especially those in the industrial area to have options to needed uses in the close proximity that are currently not available. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The project has gone through the Design Review Committee and been approved as it is proposed. Additional design and construction requirements will guarantee that the site maintains a safe and attractive environment in Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The service station and ancillary carwash will be located in a commercial /industrial area and its operation will be compatible with the surrounding commercial and industrial businesses. D. The Planning Commission determines that for Conditional Use Permit No. 2017 -06 (drive- through window service), the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41 -638 have been established: 1. That the proposed use will provide a service or facility that will contribute to the general well -being of the neighborhood or the community. The proposed restaurant establishment with drive - through window service will provide an additional service to the community and the project site. The restaurant establishment with drive - through window service is a use that is supportive of the primary commercial and industrial uses in the area. The use will provide dining opportunities to the residents and workers in the immediate vicinity by providing options for patronage. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed drive - through service for the restaurant use will not be detrimental to the persons residing or working in the vicinity because the drive - through service lane and window have been designed to minimize any potential impacts to vehicles traveling along Main Street as the internal stacking area has been designed to meet the minimum standards required by Santa Ana Municipal Code. Furthermore, landscaping requirements have been Resolution No. 2017 -10 Page 3 of 7 75B -32 incorporated to the design of the drive - through such as providing a berm to the landscape buffer in order to minimize potential adverse impacts from occurring on the premises. The drive - through lane as proposed will be located at the rear of the property closer to Cypress Avenue, which is a less- traveled roadway, thus reducing any potential queuing impacts. This design condition will help mitigate any potential traffic issues related to drive - through service windows. 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 and proposed 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 restaurant with drive - through window service will include an overall improvement to the property and streetscape including new on -site landscaping and architecture, helping revitalize the area. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed 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 a restaurant use that provides a drive - through window service. The entire property will be developed to meet all applicable regulations and provisions of the SAMC. Each independent use proposed will be designed to operate in conformance to all SAMC standards and the site will act as a one - stop -shop for residents, workers, and visitors to the area. The drive - through window service has been approved through the City's Development Review Committee (DRC) and meets all development standards of the SAMC. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing an additional amenity in the form of a drive - through window Resolution No. 2017 -10 Page 4 of 7 75B -33 service for a new restaurant encourages and promotes development of services important to the residents and workers in the area. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Design comments have been addressed to help make the proposed drive - through window service a safe and attractive amenity to the restaurant and the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The drive - through window service being provided for the new restaurant will assist in addressing the needs of dining services to those working in the immediate area and will provide employment opportunities to the residents that live in the area. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA 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 substances where all necessary public services and facilities are available. The cumulative impact of this project will not be significant as the use will be complementary with the nearby commercial uses in the area. Additionally, it has been identified that the development of the site will not adversely impact the environment, any designated scenic highways, or sites which have been identified to contain hazardous waste. Categorical Exemption Environmental Review No. 2015 -15 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 sole 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. 2016 -44 and 2017 -06 as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 27, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2017 -10 Page 5 of 7 75B -34 ADOPTED this day of March, 2017. AYES: Commissioners: BACERRA, CONTRERAS -LEO, MCCLOUGHLIN, MENDOZA, NGUYEN, VERINO (6) NOES: Commissioners: ABSENT: Commissioners: ALDERETE (1) ABSTENTIONS: Commissioners: Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Sarah Bernal, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March _, 2017. Date: Recording Secretary City of Santa Ana 75B -35 Resolution No. 2017 -10 Page 6 of 7 EXHIBIT A Conditions for Approval (CUP No. 2016 -44 and CUP No. 2017 -06) Conditional Use Permit No. 2016 -44 (carwash facility) and Conditional Use Permit No. 2017 -06 (drive- through window service) are 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit application. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP- 2015 -07. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. The Applicant must submit detailed landscape plans at the time of submittal into Building plan check. The landscape plan shall incorporate features to conceal or improve aesthetics of the site such as decorative vines for walls and trash enclosures as well as meet the requirements of section 10.4.5 of the City of Santa Ana Citywide Design Guidelines and Santa Ana Municipal Code Section 41 -477. The landscape plan must be approved prior to issuance of a building permit. The Applicant must provide noise reduction measures to be constructed into the design of the carwash building. Said sound proofing barriers shall reduce the noise levels leading out of the carwash facility. These construction and noise measures will be included as part of the construction drawing that is submitted into plan check. 5. The hours of operation for the carwash facility will be scheduled from 7:00 a.m. to 8:00 p.m. daily. 6. Fuel delivery shall be limited to the hours of 8:00 p.m. and 6:00 a.m. daily. Resolution No. 2017 -10 Page 7 of 7 75B -36 ZONING DISTRICTS Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREETCOMMERCIAL DIST. R2 TWO - FAMILY RESIDENCE -B PARKING MODIFICATION Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE - FAMILY RESIDENCE -OZ OVERLAY ZONE CiMD COMMUNITY COMMERCIAL - MUSEUM DIST. MI LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL PRD DEVELOPMENT 02 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER 0 OPEN SPACE SD SPECIFIC DEVELOPMENT -H02 HEIGHT DISTRICTII C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL Ri SINGLE - FAMILY RESIDENCE SECTIONAL DISTRICT MAP: 30 -5 -9 CITY OF SANTA ANA, CALIFORNIA Exhibit: 1 75B -37 75B -38 LS 4.18.17 RESOLUTION NO. 2017 -xx A RESOLUTION OF THE CITY COUNCIL APPROVING CONDITIONAL USE PERMIT NO, 2016 -44 AS CONDITIONED TO ALLOW A CARWASH FACILITY, AND CONDITIONAL USE PERMIT NO, 2017 -06 AS CONDITIONED, TO ALLOW A RESTAURANT WITH DRIVE - THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit (CUP) Nos. 2016 -44 and 2017 -06 have been filed to allow a carwash facility and a restaurant with drive - through service for the property located at 2603 South Main Street. B. On March 27, 2017, the Planning Commission held a duly noticed public hearing and voted to approve Conditional Use Permit Nos. 2016 -44 and 2017 -06, as conditioned. C. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on April 18, 2017, D. The City Council also adopts as findings all facts presented in the Request for Council Action dated April 18, 2017 accompanying this matter. E. The City Council determines that for Conditional Use Permit No. 2016 -44 (carwash facility), the following findings, which must be established pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638 have been established: 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 proposed carwash facility will provide an amenity to the neighborhood and surrounding community by allowing customers the opportunity to pump gas, purchase a variety of products, and wash their vehicles in one location. The carwash facility will be the only one in the vicinity. Conditions of approval will be added that are applicable to the daily Exhibits Resolution No, 2017 -xx Page 1 of 7 75B -39 operation of the carwash facility to ensure that the use will not negatively affect the surrounding community. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed carwash facility has been designed to reduce any potential negative impacts to the health, safety, and general welfare of the residents, workers, or visitors to the site. Construction requirements for the structure and overall layout and access to the facility will reduce any potential negative or adverse impacts created by the use. This is primarily an ancillary amenity to the service station and therefore will not be frequented or utilized for extended periods of time. In addition the hours of operation that are proposed for the carwash are between 7:00 am to 8:00 pm daily. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed carwash will create an additional place of business and amenity for the project site. Offering the ancillary service of a carwash will attract additional customers to the site which will take advantage of the other uses such as the service station and restaurant. The additional source of income to the site will not adversely affect the economic stability of the area, but will Instead promote a higher business activity in the area and the site which currently sits vacant and has done so for a number of years. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and conditions imposed on a commercial carwash facility pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a self- service automated carwash facility providing the necessary tools to service a vehicle that any carwash facility provides. In addition to the amenities that the carwash will provide, the carwash will provide all the necessary stacking distances to help mitigate any potential traffic impacts on and off the site. The proposed hours of operation will allow the facility to conform to the SAMC noise standards and regulations. Resolution No. 2017 -xx Page 2 of 7 75B -40 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing an additional amenity on the site allows for Santa Ana residents and visitors, especially those in the industrial area to have options to needed uses in the close proximity that are currently not available. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive, The project has gone through the Design Review Committee and been approved as it is proposed. Additional design and construction requirements will guarantee that the site maintains a safe and attractive environment in Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The service station and ancillary carwash will be located in a commercial /industrial area and its operation will be compatible with the surrounding commercial and industrial businesses. F. The City Council determines that for Conditional Use Permit No, 2017 -06 (drive- through window service), the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41 -638 have been established: 1. That the proposed use will provide a service or facility that will contribute to the general well -being of the neighborhood or the community. The proposed restaurant establishment with drive - through window service will provide an additional service to the community and the project site. The restaurant establishment with drive - through window service is a use that is supportive of the primary commercial and industrial uses in the area. The use will provide dining opportunities to the residents and workers in the immediate vicinity by providing options for patronage. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed drive - through service for the restaurant use will not be detrimental to the persons residing or working in Resolution No. 2017 -xx Page 3 or 7 75B -41 the vicinity because the drive - through service lane and window have been designed to minimize any potential impacts to vehicles traveling along Main Street as the internal stacking area has been designed to meet the minimum standards required by Santa Ana Municipal Code. Furthermore, landscaping requirements have been incorporated to the design of the drive- through such as providing a berm to the landscape buffer in order to minimize potential adverse impacts from occurring on the premises. The drive - through lane as proposed will be located at the rear of the property closer to Cypress Avenue, which is a less- traveled roadway, thus reducing any potential queuing impacts. This design condition will help mitigate any potential traffic issues related to drive- through service windows. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. CAN 4 The new restaurant and proposed 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 restaurant with drive - through window service will include an overall improvement to the property and streetscape including new on -site landscaping and architecture, helping revitalize the area. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed 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 a restaurant use that provides a drive - through window service, The entire property will be developed to meet all applicable regulations and provisions of the SAMC. Each independent use proposed will be designed to operate in conformance to all SAMC standards and the site will act as a one - stop -shop for residents, workers, and visitors to the area. The drive - through window service has been approved through the City's Development Review Committee (DRC) and meets all development standards of the SAMC. That the proposed use will not adversely affect the General Plan or any specific plan of the City. 75B -42 Resolution No, 2017 -xx Page 4 of 7 The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing an additional amenity in the form of a drive - through window service for a new restaurant encourages and promotes development of services important to the residents and workers in the area. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Design comments have been addressed to help make the proposed drive - through window service a safe and attractive amenity to the restaurant and the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The drive- through window service being provided for the new restaurant will assist in addressing the needs of dining services to those working in the immediate area and will provide employment opportunities to the residents that live in the area. G. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA 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 substances where all necessary public services and facilities are available. The cumulative impact of this project will not be significant as the use will be complementary with the nearby commercial uses in the area. Additionally, it has been identified that the development of the site will not adversely impact the environment, any designated scenic highways, or sites which have been identified to contain hazardous waste. Categorical Exemption Environmental Review No. 2015 -15 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 sole negligence of the City of Santa Ana. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -44 and 2017 -06 as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not Resolution No. 2017 -xx Page 5 of 7 75B -43 limited to: the Request for Council Action dated April 18, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this ____, day of 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2017. Date: Clerk of the Council City of Santa Ana 75B -44 Resolution No. 2017 -xx Page 6 of 7 Conditions for Approval (CUP No. 2016 -44 and CUP No. 2017 -06 Conditional Use Permit No. 2016 -44 (carwash facility) and Conditional Use Permit No. 2017 -06 (drive- through window service) are 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. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rin or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit application. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP- 2015 -07. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. The Applicant must submit detailed landscape plans at the time of submittal into Building plan check. The landscape plan shall incorporate features to conceal or improve aesthetics of the site such as decorative vines for walls and trash enclosures as well as meet the requirements of section 10.4.5 of the City of Santa Ana Citywide Design Guidelines and Santa Ana Municipal Code Section 41 -477. The landscape plan must be approved prior to issuance of a building permit. 4. The Applicant must provide noise reduction measures to be constructed into the design of the carwash building. Said sound proofing barriers shall reduce the noise levels leading out of the carwash facility. These construction and noise measures will be included as part of the construction drawing that is submitted into plan check. 5. The hours of operation for the carwash facility will be scheduled from 7:00 a.m. to 8:00 p.m. daily. 6. Fuel delivery shall be limited to the hours of 8:00 p.m. and 6:00 a.m. daily. Resolution No, 2017 -xx Page 7 of 7 75B -45 75B -46