HomeMy WebLinkAbout2002-028 - Approving Conditional Use Permit No. 2002-04_ Kdo/04/03/02
bk:5/17/02
RESOLUTION NO. 2002-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2002-04 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. 2002-04 came before the City Council of the
City of Santa Ana for a public headng Apdl 1,2002.
Conditional Use Permit No. 2002-04 has been filed with the City of Santa
Ana seeking to allow a drive-through window service on Parcel 1 (for
Farmer Boys 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?
The proposed restaurant with drive-through window service
will not be detrimental to persons residing and working in the
Resolution No. 2002-028
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. 2002-028
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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. 2002-04 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 15~ day of July, 2002.
-MiguelA. Pulido
\
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By: Kylee~Ode~
Deputy'City Attorney
Resolution No. 2002-028
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AYES:
NOES:
ABSTAIN:
Councilmembers: Alvarez. Bist. Chdstv. Franklin. McGuiaan. Solodo
Councilmembers: Ngne ¢0/
Councilmembers: None ~01
NOT PRESENT: Councilmembers: Pulido
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2002-028 to be the original resolution adopted by the City
Council of the City of Santa Ana on July 15. 2002.
Date: 7~ .,/,~?- ~~'
City of Santa Aha
Resolution No. 2002-028
Page 4 of 6
Conditions for ADDrOVal for Conditional Use Permit No. 2002-04
Conditional Use Permit No. 2002-04 is approved subject to compliance, to the
reasonable satisfaction of the City Council, 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.
The applicant must comply in full with each and every condition listed below prior
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. Failure to comply with each and
every condition may result in the revocation of the conditional use permit.
A. Planninq 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 Canariensis), 48-inch boxed
size, are required to be planted. Indian Hawthom, 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.
Mitic~ation 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.
Resolution No. 2002-028
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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 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.
a. Submit and have approved a surface drainage/utility plan
that includes ail 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 fitted 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. 2002-028
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