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HomeMy WebLinkAbout2003-068 - Approving Conditional Use Permit Nos. 2003-15 and 2003-16RESOLUTION NO. 2003-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NOS. 2003-15 AND 2003-16 AS CONDITIONED FOR THE PROPERTY LOCATED AT 3601 SOUTH BRISTOL STREET KOO ~29~3 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. 2003-15 has been filed with the City of Santa Ana to allow drive-through window service and Conditional Use Permit No. 2003-16 has been filed with the City of Santa Ana to allow the dining room and drive-through to be open 24 hours a day, seven days per week for the property located at 3601 South Bdstol Street. Conditional Use Permit Nos. 2003-15 and 2003-16 and Amendment Application No. 2003-06 came before the City Council of the City of Santa Ana for a public hearing on August 4, 2003. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 28, 2003, on Conditional Use Permit Nos. 2003-15 and 2003-16 and Amendment Application No. 2003-06 and recommended by a vote of 5:0 (Nalle and Lutz absent) that the City Council approve Conditional Use Permit Nos. 2003-15 and 2003-16. 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 Kdspy Kreme drive-through facility will contribute to the general well being of the community by providing additional convenience for the fast food restaurant customers who travel and work in the area, and motorists traveling along South Bristol Street. Business hours between 12:00 a.m. and 5:00 a.m. will allow motorists and the surrounding community to purchase items generally Resolution No. 2003-068 Page 1 of 7 unavailable during these hours from other retail establishments. 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 circulation design and layout, which will include landscaping to screen the drive-through lane, will not create an adverse impact or be detrimental or injurious to the overall site or neighborhood. Conditions have been incorporated into the project to help minimize any adverse impacts t hat t he project might generate a s the result o f its after-hours operation. Conditions for the project will be reviewed after ninety days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. It is not anticipated that the use or the proposed after-hours operation of the restaurant, in conjunction with the proposed conditions, will be detrimental to the health, safety or general welfare of persons working in the area. Will the proposed use adversely affect the present economic stability or futura economic development of properties surrounding the area? The drive-through restaurant provides a visual upgrade and new economic activity for t his a rea o f South Bristol Street. The economic viability of the restaurant and the overall development is increased with the addition of the proposed drive-through window. During the hours proposed, the use provides additional services to the community, and therefore, it is anticipated that the use will enhance rather than adversely affect the economic development or stability of the area. The overall economic stability of the area will be strengthened with commercial services in the area. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Aha Municipal Code for such use? The proposed restaurant and drive-through window operation will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and design standards for such facilities. Resolution No. 2003-068 Page 2 of 7 Will the proposed use adversely affect the General Plan or any specific plan of the City? The drive-through lane and the proposed after-hours operation at the Krispy Kreme restaurant is consistent with the General Plan land use designation of District Center as support commercial, including restaurants, are permitted by right. The Mitigated Negative Declaration and Monitoring Program for Environmental Review No. 2002-436 was approved and adopted in the Ordinance for Amendment Application No. 2003-06 adopted this same day. Section 2. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2003-15 as conditioned in Exhibit "A" attached hereto and incorporated herein. The City Council of the City of Santa Ana hereby approves Conditional Use Permit No. 2 003-16 as conditioned in Exhibit "B" attached hereto and incorporated herein. Section 3. These Conditional Use Permits are expressly conditioned upon adoption by the City Council of a zoning ordinance amendment rezoning the property located at 3601 South Bristol Street from Commercial Residential (CR) to General Commercial (C2) (AA No. 2003-06). The rights of the applicant under these Conditional Use Permits shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then these Conditional Use Permits are null and void and of no effect. ADOPTED this 4th day of Auqust, 2003. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Kylee~. Otto Dep~j/City Attorney Resolution No. 2003-068 Page 3 of 7 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRIClA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2003-068 to be the original resolution adopted by the City Council of the City of Santa Ana on Au.qust 4, 2003. Date: ~'~ ~~ City of Santa Ana Resolution No. 2003-068 Page 4 of 7 Conditions for Approval for Conditional Use Permit No. 2003-15 Conditional Use Permit No. 2003-15 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, t he California Administrative Code, t he Uniform Fire Code, t he Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the 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. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No, 02-92. Any amendment to the conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. All mitigation measures identified in the Mitigated Negative Declaration Environmental Review No. 2002-436 are incorporated as conditions of approval for this project. The row of hedges surrounding the drive-through lane must consist of mature hedges that will adequately screen the drive-through lane. EXHIBIT "A" Resolution No. 2003-068 Page 5 of 7 Conditions for Approval for Conditional Use Permit No. 2003-16 Conditional Use Permit No. 2003-16 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below pdor to exercising the rights conferred by the 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. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 02-92. Any amendment to the conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. All mitigation measures identified in the Mitigated Negative Declaration Environmental Review No. 2002-436 are incorporated as conditions of approval for this project. B. Police Department The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percentage of window coverage. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. EXHIBIT "B" Resolution No. 2003-068 Page 6 of 7 = 10. 11. Install a silent armed robbery alarm. There shall be no coin-operated games maintained on the premises at any time. All pay telephones shall be located inside the premises and shall be designed to allow outgoing calls only. The petitioner(s) shall be responsible for maintaining the premises free of litter. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. If the granting of the after-hours use creates an increase of Police related calls for service to the site due to an increase in cruising activity, a state licensed uniformed security officer, to be stationed in the parking lot, may be required at the discretion of the Chief of Police. EXHIBIT "B" Resolution No. 2003-068 Page 7 of 7