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HomeMy WebLinkAbout2004-004 - Approving Conditional Use Permit No. 2003-28Kdo/1/12/04 RESOLUTION NO. 2004-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-28 FOR A DRIVE-THROUGH WINDOW FOR THE PROPERTY LOCATED AT 3810 SOUTH BRISTOL STREET 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. 2003-28 came before the City Council of the City of Santa Ana for a public hearing January 5,2004. Conditional Use Permit No. 2003-28 has been filed with the City of Santa Ana seeking to allow a drive-through window service for the property located at 3810 South Bristol Street. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on October 27, 2003, and continued the public hearing to November 24, 2003, on Amendment Application No. 2003-08, and Conditional Use Permit No. 2003-28. After conducting the public hearings, the Planning Commission determined that Amendment Application No. 2003-08 is consistent with the General Plan of the City of Santa Ana, and recommended by a vote of 7:0 that the City Council approve Amendment Application No. 2003-08 and Conditional Use Permit No. 2003-28. Santa Aha 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 McDonald's drive-through facility will contribute to the general well being of the area by providing a new restaurant with amenities available to both pedestrians and vehicles traveling along South Bristol Street. Although similar establishments with drive-through window service exist in the immediate vicinity, the drive through establishment will serve to replace an existing sit-down restaurant that will provide additional seating, access, and Resolution No. 2004-004 Page 1 of 6 landscaping that will result in an upgrade to the neighborhood and surrounding 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? The drive through window service, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons working in the area. The circulation, design, and layout of the proposed drive- though lane has been designed to minimize any adverse impacts that may be generated as a result of the new drive- through lane. Conditions have been incorporated into the project to minimize any adverse impacts that the project might generate as the result of its drive-through use. 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. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The drive-through restaurant will replace an existing sit-down restaurant that has not had any major renovation since its construction in 1978. The new restaurant with drive through service, in conjunction with upgrades of landscaping and circulation, will provide both a visual upgrade and new economic activity for this area of South Bristol Street. The overall economic stability of the area will be strengthened with additional commercial services in 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 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 drive through facilities. The drive through lane will meet the stacking lane requirement of 160 linear feet, as required by code. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2004-004 Page 2 of 6 The drive-through lane for McDonald's is consistent with the General Plan land use designation of District Center as support commercial, including restaurants, are permitted by right. Although the General Plan supports land uses in adequate amounts and similar establishments in the immediate area continue to exist, the replacement of an existing aged restaurant with a new facility would assist in implementation of the General Plan's Land Use policy number 2.7 promoting the rehabilitation of commercial properties and encouraging increased levels of capital investment. The Mitigated Negative Declaration and Monitoring Program for Environmental Review No. 2002-254 was approved and adopted in the Ordinance for Amendment Application No. 2003-08 (AA No. 2003-08) adopted this same day. Section 2. The City Council of the City of Santa Aha hereby, approves Conditional Use Permit No. 2003-28 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 3810 South Bristol Street from Commercial Residential (CR)to General Commercial (C2) zoning (AA No. 2003-08). 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 5th day of January, 2004. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Kylee~O. Otto Dep, Cy City Attorney Resolution No. 2004-004 Page 3 of 6 AYES: NOES: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: NOT PRESENT: Councilmembers: Alvarez, Bist, Franklin, Garcia, Pulido, Solorio (6) None (0) None (0) Christy (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-004 to be the original resolution adopted by the City Council of the City of Santa Aha on January 5, 2004. Date: Clerk of the Council City of Santa Ana Resolution No. 2004-004 Page 4 of 6 Conditions for Approval for Conditional Use Permit No. 2003-28 Conditional Use Permit No. 2003-28 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 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. 02-54. 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. 2002-254 are incorporated as conditions of approval for this project. The berm and proposed landscaping surrounding the drive-through lane must consist of mature landscaping that will adequately screen the drive- through lane. B. Police Department 2. 3. 4. 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% 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 A Resolution No. 2004-004 Page 5 of 6 10. 11. 12. 13. A timed-access cash controller must be installed. 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 be restricted to outgoing calls when located within the premises. The petitioner(s) shall be responsible for maintaining the premises free of litter. the City Council on January 5, 2004) 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. The noise generated from the drive-thru speaker cannot exceed the levels specified in SAMC Section 18-312. Resolution No. 2004-004 Page 6 of 6 Exhibit A