31A - CUP - HDMM ENTERPRISE 3825 WEST FIRST STREET

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CUP No. 2012-22 & VA No. 2012-08 October 8, 2012 Page 3 The subject site is within the North Harbor Specific Plan General Commercial zoning district (SP- 2). The SP-2 zoning district allows for a variety of retail uses, office, cinema and public facility uses; while other uses such as restaurants, drive-through facilities, gas stations and public dance places require a conditional use permit. Project Analysis The applicant is requesting approval of a conditional use permit to allow a restaurant use, as well as a drive-through lane in the North Harbor Specific Plan (SP-2) zoning district. Per the Harbor Specific Plan zoning Section 3.5.2, "restaurants and other eating establishment(s), including take- out..." requires a conditional use permit. The North Harbor Specific Plan was adopted in 1994 with this requirement, in response to the community's interest to encourage additional sit-down restaurants to serve the area. The intent of the conditional use permit is to ensure that uses comply with the general concepts and policies of the North Harbor Specific Plan. The applicant is also requesting a variance from the vehicle stacking requirement for the vehicle drive-through lane serving the restaurant. Per Santa Ana Municipal Code Section 41-1341, each drive-through eating establishment shall have vehicular stacking lanes of at least 80 feet from the pick-up window to the order point, and 80 feet from the order point to the end of the drive-through lane. The proposed project has converted three parking spaces into a landscape planter to extend the length of the drive through lane, and reduce the potential for vehicle waiting to make their meal order to block the adjacent drive aisle. As noted below, the extended drive-through lane does not fully meet the City requirements. While 80 feet is the required distance between the entry point of the drive-through lane and the food order window, only 57 feet is provided. Entry of drive-through lane to order point Order point to pick-up window Total Existing Proposed Required 51 ft 57 ft 80 ft 95ft 95 ft 80 ft 146 ft 152 ft 160 ft The project plans have been designed to provide improvements to the site to bring it into compliance with current Zoning Code standards. This includes providing additional landscape planters, trees for existing landscape planters, new drought tolerant plant material at the base of the building and within the three new landscape planter areas (Exhibit 7), bike racks, and exterior architectural enhancements. The parking needs for the subject site is accommodated through a shared parking and access agreement with the adjacent commercial property. Based on a recent parking study there is sufficient on-site parking to serve the subject property and adjacent integrated commercial center. New signs for the restaurant will be in scale with the building architecture and meet current sign code standards. 31A-5