HomeMy WebLinkAbout95-079 - Approving Conditional Use Permit No. 95-21301
REL: 11/7/95
RESOLUTION NO. 95-079
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 95-21 TO ALLOW DRIVE-
THROUGH SERVICE AT A RESTAURANT TO BE
LOCATED AT 1325-1331 EAST SEVENTEENTH
STREET
WHEREAS, this Council held a public hearing on November 6, 1995, on
Conditional Use Permit Application No. 95-21, to allow drive-through service at
a restaurant to be located at 1325-1331 East Seventeenth Street;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA
AS FOLLOWS:
1. Based upon the evidence submitted at the abovesaid hearing, this
Council finds and determines as set forth in Exhibit A, attached hereto and
incorporated herein.
2. Conditional Use Permit NO. 95-21 is hereby approved subject to the
conditions set forth in Exhibit B, attached hereto and incorporated herein,
(except that Police condition C.4. is deleted), and subject to the following
additional conditions:
Fumes from the restaurant shall be vented toward the street and away
from neighboring residences;
The trees on the northern boundary of the subject site shall be
replaced by mature (24-inch box) trees;
This conditional use permit shall be reviewed at six months, at one
year and then annually thereafter by the City Council, at which
times the conditions of approval may be modified or new conditions
may be added, as determined appropriate by the City Council.
ADOPTED this 4th
ATTEST:
COUNClLMEMBERS:
day of December , 1995.
Pulido Aye
Richardson Aye
Espinoza Aye
Lutz Ave
McGuigan Aye
Mills Ave
Moreno Aye
APPROVED AS TO FORM:
City Attorney
30Z
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
[, IANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
~"~ O 7 ~ to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the C6unci/~/
City of Santa Ana
RESOLUTION 95-079
Conditional Use Permit No.
November 6, 1995
Page 1 of 2
95-21
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The drive-through service window will provide a service to
restaurant customers by allowing them to order food without
leaving their automobiles. The general rehab of the vacant
building and the upgrades to the site will bring the
property into complete conformance with the City's
Commercial Development Standards. These building and site
improvements will help contribute to the general well being
of the neighborhood and the community.
Will the proposed use, under the circumstances of the particular
case, be detrimental to the health, safety, or general welfare
of persons residing or working in the vicinity?
It is not anticipated that any proposed activity or use
will have a negative or detrimental effect on the health,
safety or general welfare of people or property in the
surrounding area. Potential noise impacts caused by the
drive-through lane have been mitigated by placing the
entrance to the drive-through lane 50 feet back from the
rear property line of the adjacent residential and
restricting the hours of operation for the drive-through
lane.
Will the proposed use adversely affect the present economic
stability or future economic development of property in the
surrounding area?
This site is currently a viable project that is in
character with the surrounding area. The project adds to
the economic viability and future economic development of
the surrounding area by redeveloping an older site. The
restaurant facilities will continue to provide a much
needed service to the neighborhood as well as citizens
throughout the community.
Will the proposed use comply with the regulations and conditions
specified in this chapter for such a'use?
The proposed project will bring the
conformance with the regulations and
in the Santa Ana Municipal Code.
entire property into
conditions specified
EXHIBIT A
RESOLUTION 95-079
Conditional Use Permit No.
November 6, 1995
Page 2 of 2
95-21
Will the proposed use adversely affect the General Plan of the
city or any specific plan applicable to the area of the proposed
use?
This project will bring the use of the buildings on this
property, the zoning and the General Plan into conformance
with one another. Therefore, the proposal will not
adversely affect the General Plan of the City.
RESOLUTION 95-079 305
Conditional Use Permit No.
November 6, 1995
Page 1 of 3
95-21
conditions for A~proval
Should Conditional Use Permit No. 95-21 be approved, the project must
comply with all applicable sections of the Santa Ana Municipal Code,
the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations. In addition, it
shall meet the following conditions:
A. Planninq Division
The drive-through lane is only for the building located at
1325 East Seventeenth Street.
The drive-through lane must be setback a minimum of 50 feet
from the north property line.
The drive-through lane must not operate between the hours
of 9:00 p.m. and 8:00 a.m. Monday through Sunday.
A decorative wrought i~on fence (minimum five foot in
height) to be approved by Police Department and Planning
Division must be provided around the perimeter of the
outdoor seating area with access only from the interior of
the restaurant.
J
The outdoor seating area must close no later than 10:00
p.m. Monday through Sunday.
An eight foot high block wall must be provided around the
perimeter of the property adjacent to property zoned or
used for residential purposes.
a) A survey must be conducted to determine on which
property the wall is located.
b)
tf the wall is located on the commercial property, the
existing wall must be raised to eight feet in height
or the existing wall must be demolished and a new
eight foot high block wall constructed.
c)
If the wall is located on the residential property,
written permission must be obtained from the property
owners to increase the height of the existing wall or
to demolish the existing wall. If written permission
is not obtained, a new eight foot high block wall must
be constructed..
EXHIBIT B
RESOLUTION 95-079
Conditional Use Permit No.
November 6, 1995
Page 2 of 3
95-21
Be
Fire Department
1. Ail kitchen hood systems shall be upgraded to current
standards.
Police Department
1. Install a silent armed robbery alarm.
2. Ail pay telephones must be located inside the building.
The petitioner(s) shall be responsible for maintaining the
premises free of litter and graffiti.
The Cenditicnal U=c Permit sh~-!! be revia.::cd ut mix months,
The existing building and parking lot must conform with the
provisions of Chapter 8, Article II, Division 3 of the
Santa Ana Municipal Code (Building Security Ordinance).
These code conditions will require that the existing
project lighting, door/window locking devices and
addressing be upgraded to current code standards. Lighting
standards cannot be located in required landscape planters.
6. The petitioner(s) shall place a placard prohibiting
loitering on the premises. The posted sign must conform to
SAMC Section 10-96(c).
Menu order box volume may not exceed 50 db(a). SAMC Section
18-312(a).
Fublic Works Agency
Prior to issuance of a building permit, complete the following:
Relocate the on-site power poles to be cleared from the
proposed 10 foot wide drive-through lane. NOT~: Work to
be performed by Edison Company at owner or developer
expense.
Prior to release of occupancy, complete the following:
1. Seventeenth Street
a)
Reconstruct the damaged drive approach to be per City
Standard ~1112, Case 2 (W=34', A=44', X=3') and per
approved improvement plan.
RESOLUTION 95-079
Conditional Use Permit No. 95-21
November 6, 1995
Page 3 of 3
b)
Relocate the existing street light pole to be a
minimum of six feet from the drive approach ("top of
X") per approved improvement plan.
c)
Construct the proposed westerly drive approach to be
per City Standard #1112, Case 2 (W=12', A=12', X=3')
and per approved improvement plan.
d)
Install "EXIT ONLY DO NOT ENTER" and "RIGHT TURN ONLY"
sign at the proposed westerly driveway approach on
Seventeenth Street.
e)
Relocate the 2' X 3" Edison vault per approval from
Edison Company and per the approved improvement plan.
NOTE: Work to be performed by Edison Company at owner
or developer expense.
f)
Paint a right-turn arrow on the driveway pavement per
approved plan.
On-site
a)
Remove existing valley-gutter and construct new
valley-gutter per approved surface drainage and
grading plan.
b) Repave on-site parking per surface drainage and
grading plan.