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HomeMy WebLinkAbout2002-027 - Approving Conditional Use Permit No. 2002-03Kdo/04/03/02 bk:5/17/02 RESOLUTION NO. 2002-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2002-03 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1810-1816 NORTH TUSTIN AVENUE 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: Conditional Use Permit No. 2002-03 came before the City Council of the City of Santa Ana for a public hearing April 1, 2002. Conditional Use Permit No. 2002-03 has been filed with the City of Santa Ana seeking to allow a drive-through window service on Parcel 4 (for Fazoli's Italian Restaurant). Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed restaurant with drive-through window service will provide a service to the community by providing additional dining opportunities in the area. The drive-through lane will provide an added convenience to shoppers and diners using the restaurant in the commercial center. 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? Resolution No. 2002-027 Page 1 of 6 area as perimeter landscaping for the center, which incorporates a landscape berm and trees, will screen the drive-through lane from Tustin Avenue, Seventeenth Street and Old Tustin Avenue and reduce light and glare from vehicles using the drive-lane. ii. Additionally, the on-site vehicular circulation system is designed to avoid conflicts on-and off-site. The on-site circulation will allow additional stacking within the site thereby avoiding impacts to the vicinity. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed restaurant with drive-through window service will generate City tax revenue and employment in the community. This use provides additional dining services that compliment surrounding businesses, which will not adversely affect economic development or stability of the area. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed restaurant with drive-through window service will be in compliance with the applicable sections of Chapter 41 of the Municipal Code with an approved conditional use permit for the drive-through window service. The use will also comply with all applicable County and State provisions, including health codes and ADA requirements. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed restaurant with drive-through window service is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the General Commercial (C2) zoning district that allows retail and service uses. Resolution No. 2002-027 Page 2 of 6 - and the General Commercial (C2) zoning district that allows retail and service uses. The Mitigated Negative Declaration and Monitoring Program for Environmental Review No. 01-61 was approved and adopted in the Ordinance for Amendment Application No. 2002-04 (AA No. 2002-04) adopted this same day. Section 2. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2002-03 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. This Conditional Use Permit is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment rezoning the property located at 1810-1816 North Tustin Avenue from Community Commercial (Cl) zoning to General Commercial (C2) zoning (AA No. 2002-04). The rights of the applicant under this Conditional Use Permit shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Conditional Use Permit is null and void and of no effect. ADOPTED this 15th day of July. 2002. APPROVED AS TO FORM: Joseph W. Fletcher City Attomey Miguel A. Pulido Mayor Kylee/l~ Od~t~ Dep[lt~ City Attorney Resolution No. 2002-027 Page 3 of 6 AYES: NOES: ABSTAIN: Councilmembers: Alvamz. Bist, Chdstv. Franklin. McGuigan. Solorio (6) Councilmembers: None (0) Councilmembers: None (0) NOT PRESENT: Councilmembers: Pulido (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2002-027 to be the original resolution adopted by the City Council of the City of Santa Ana on July 15, 2002. Date: Clerk of the Council City of Santa Ana Resolution No. 2002-027 Page 4 of 6 Conditions for Aooroval for Conditional Use Permit No. 2002-03 Conditional Use Permit No. 2002-03 is approved subject to compliance, to the reasonable satisfaction of the City Council, with all applicable sections of the Santa Ana Municipal Code, the Califomia Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below pdor to exercising the dghts 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. A. Plannina Division The project shall remain in compliance with Site Plan Review DP No. 01- 14. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. Three Canary Island Pine trees (Pinus Canadensis), 48-inch boxed size, are required to be planted. Indian Hawthorn, Holly or Dwarf Rosemary (Romarinus Officinalis "Prostratus") needs to be incorporated into the landscaping design. Annual color or a flowering ground cover such as Ivy Geranium must be planted between the base of the Stonewall and the sidewalk. The existing rooftop equipment screening on Parcel 2 need to be replaced with solid material to complement the architectural style of the buildings. Mitioation Measures Prior to issuance of a building permit, the applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. Prior to issuance of any building permit for the gas station site, the applicant shall demonstrate to the City's Building Official that it is in the process of undertaking remediation of hazardous materials or petroleum Resolution No. 2002-027 Page 5 of 6 o product, if necessary, that may have been discharged onto, under or from the site. Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non- Structural Best Management Practices, which may apply to this project. Building plans for the proposed project shall be titted with a grease interceptor to the size and capacity as designated by the Building Safety Division of the City of Santa Ana to mitigate impacts on the local sanitary sewer system and regional water quality. Such grease interceptor shall be regularly maintained so as to remain fully functional. Resolution No, 2002-027 Page 6 of 6