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HomeMy WebLinkAbout2017-015 - Conditional Use Permit No. 2016-44LS 4.18.17 RESOLUTION NO. 2017-015 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: 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. Resolution No, 2017-015 Page 1 of 7 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 7:04 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 the City's needs for goods and services. Providing an additional amenity on the site allows for Resolution No. 2017-015 Page 2 of 7 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 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. Resolution No. 2017-015 Page 3 of 7 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 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. Resolution No. 2017-015 Page 4 of 7 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 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 18th day of April, 2017. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney Resolution No. 2017-015 Page 5 of 7 AYES: Councilmembers Benavides, Martinez, Pulido, Solorio, Ville as 5 NOES: Councilmembers None 0 ABSTAIN: Councilmembers None 0 NOT PRESENT: Councilmembers Sarmiento, Tinajero_(2 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017-015 to be the original resolution adopted by the City Council of the City of Santa Ana on April 18, 2017. Date: Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2017-015 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 belowrip 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. 2017-015 Page 7 of 7