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HomeMy WebLinkAboutRESO 2019-08_2250 E 17TH STREETLS 2.25 19 RESOLUTION NO. 2019-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-06 AS CONDITIONED TO ALLOW DRIVE-THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 2250 EAST SEVENTEENTH 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. Mick Meldrum with ICI Development Company, Inc., representing Centre On Seventeenth Partners and Raising Cane's ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-06 to allow drive-through window service for a new restaurant located at 2250 East Seventeenth Street. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(e) requires approval of a conditional use permit for eating establishments with drive- through window service. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the Santa Ana Municipal Code, D. On February 25, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-06. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-06, for drive-through window service, have been established as required by SAMC Section 41-638: 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 persons that are working or residing in the area. The project will redevelop the site with a new building that is compatible with the architectural style of the other commercial center buildings. The building will include Resolution No. 2019-06 Page 1 of 6 reclaimed metal panels, brick, smooth stucco finishes, and fabricated steel canopy. In addition, the outdoor patio cover will provide the community with an additional amenity and dining experience. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed drive-through will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The project site is not in close proximity to any sensitive uses such as residences and schools. The drive- through is designed and intended to generate the least amount of off-site impacts as possible. SAMC requires an on- site stacking lane of at least 160 feet to accommodate approximately ten vehicles. The proposed drive-through lane is designed with a double entry lane that tapers down to one lane after the order point and runs about 186 feet and will accommodate approximately 20 vehicles. In addition, the drive-through lane is situated to reduce the chance for overflow vehicular queuing onto any public streets and the adjacent parking lot. The menu boards and speakers are oriented towards the intersection to reduce any noise impacts. In addition, a landscape berm with trees and shrubs will be planted along the street frontage line to create a visual buffer between the drive-through lane and the commercial building. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The drive-through will not adversely affect the economic stability or future economic development of properties in the surrounding area. An eating establishment with drive- through service will provide an additional service and eating opportunities for the area and will provide a commercial business that generates sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the development standards and regulations contained in Chapter 41 of the SAMC. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. j Resolution No. 2019-08 Page 2 of 6 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed eating establishment with drive-through service will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishment uses. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element, Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The drive-through will contribute to the viability of the commercial center in which it is located and the new building is designed to match the architectural style of the existing buildings. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Section 2. In accordance with the California Environmental Quality Act, the project is exempt pursuant to CEQA Guidelines Section 15302, Class 2, Replacement or Reconstruction. This exemption applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure it replaced and will have substantially the same purpose and capacity as the structure it replaced. The proposed project would replace the existing commercial building with the same purpose and capacity and would be located on the same site. Based on this analysis, a Notice of Exemption, Environmental Review No. 2018-68 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. Resolution No. 2019-08 Page 3 of 6 Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-06, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2250 East Seventeenth 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 February 25, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 25th day of February, 2019. AYES: Commissioners: ALDERETE, BENAVIDES, CANO, MCLOUGHLIN, NGUYEN, VERINO (6) NOES: Commissioners: ABSENT: Commissioners: CONTRERAS-LEO (1) ABSTENTIONS: Commissioners: AC Ma cLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By k ,, A� Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 25, 2019. Date: ZIT% Recording Secretary ( City of Santa Ana L Resolution No. 2019-08 Page 4 of 6 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-06 Conditional Use Permit No. 2019-06 for drive-through window service is 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, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belowrip or t0 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. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP No. 2018-16) and the staff report exhibits. 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 the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance, and shall feature a berm to assist with screening the drive-through lane from view. 4. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); Resolution No. 2019-08 Page 5 of 6 (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-08 Page 6 of 6