The URL can be used to link to this page

Home My WebLink About31C - 2511 S BRISTOLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2008 TITLE: CONDITIONAL USE PERMIT NO. 2007-23 TO ALLOW THE REMODEL AND EXPANSION OF AN EXISTING CARL'S JR. RESTAURANT AT 2511 SOUTH BRISTOL STREET - CKE RESTAURANTS INC., APPLICANT CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2007-23 as conditioned. PLANNING COMMISSION ACTION On December 10, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-23 as conditioned by a vote of 5:0 (Alderete and De La Torre absent) to allow the remodel and expansion of an existing Carl's Jr. Restaurant with drive-through window service at 2511 South Bristol Street in the General Commercial (GC) zoning district. The Planning Commission added a condition to require that the proposed driveway paving match the paving installed at the commercial development north of the project site (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J M. Trevino Executive Director Planning & Building Agency CR:rb cr\reports\cup07-23 Carl's Jr. cc 31C-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 10, 2007 TITLE: PUBLIC HEARING - FILED BY CKE RESTAURANTS INC. FOR CONDITIONAL USE PERMIT NO. 2007-23 TO ALLOW THE REMODEL AND EXPANSION OF AN EXISTING CARL'S JR. RESTAURANT AT 2511 SOUTH BRISTOL STREET Prepared by Carlos Rodriguez PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Executive Director Planning Mana r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2007-23 as conditioned. DISCi7SS2C)N Request of Applicant Neal Casper, on behalf of CKE Restaurants Inc., is requesting the approval of Conditional Use Permit No. 2007-23 to allow the remodel and expansion of the existing Carl's Jr. Restaurant at 2511 South Bristol Street. Property Description Currently, the site contains an existing Carl's Jr. Restaurant with drive through window service. The existing restaurant is 3,000 square feet in size and is located on a 32,485 square foot lot. The lot is flag shaped and has street frontage along both Bristol Street and Central Avenue. The project site is separate from the surrounding commercial development; however, the site shares parking and driveway easements with the adjoining E1 Pollo Loco restaurant. The parcel is located within the General Commercial (C2) zoning district and has a General Plan land use designation of General Commercial (GC). Surrounding land uses include commercial development to the north, south, east and west (Exhibits 1 and 2). EXHIBIT A 31 C-2 Conditional Use Permit No. 2007-23 December 10, 2007 Page 2 Project Description The applicant is proposing to expand and remodel an existing Carl's Jr. Restaurant. The project includes an 859 square foot addition to the existing restaurant that will be used for the indoor play area and restrooms. Along with the expansion, the project will include both interior and exterior improvements to the restaurant, as well as upgrades to the site (Exhibits 3 through 8). The hours of operation for the restaurant are 24 hours a day, seven days a week and no additional conditional use permit is needed as the project site is not located within 150 feet of residential properties. The exterior improvements include an upgrade to the existing facade on all four elevations. A contemporary architectural style will be used for the project, which will feature a smooth stucco finish, slate accents, aluminum store front windows, and metal canopies as accent features. The existing outdoor children's play area will be relocated to the interior of the building and completely enclosed thereby leaving the front yard setback clear for landscape improvements. The remodel will create a strong architectural presence along Bristol Street as the building will be the main focus. The proposed facade remodel will be consistent with the Citywide Design Guidelines and the Urban Design Element of the General Plan. Additional improvements include the redesign of the existing drive-through lane to comply with the City's stacking requirement for drive-through window service. The new drive-through lane will include a raised curb that will separate both the existing drive aisles and parking stalls. An existing trash enclosure will be relocated near the restaurant to allow for easier disposal of trash. An existing pole sign near the southwest corner of the property along Bristol Street will be removed, with any new sign complying with the City's standards for freestanding signage. Lastly, the project will include building and site improvements to comply with the City's Building Security Ordinance. The proposed project will include landscape improvements to comply with the commercial landscape standards. Additional landscaping will be added along both Bristol Street and Central Avenue. As the existing children's outdoor play area along Bristol Street will be moved back and enclosed, additional landscaping will be added along the Bristol Street frontage. This setback will include a total of four Canary Island Pines that will comply with the South Bristol Street Improvement Plan. Lastly, additional landscape planters will be added to comply with the City's landscape requirement. 31 C-3 Conditional Use Permit No. 2007-23 December 10, 2007 Page 3 Lastly, the project will provide improved pedestrian accessibility for the building and site. A 10-foot wide walkway will lead directly from the public sidewalk to the Bristol Street entrance. The existing doorway on the south of the building will provide a clear path of travel for patrons to and from the parking lot. Additionally, this side entrance will be modified to discourage patrons from crossing through the drive-through lane to enter and exit the restaurant. Analysis of the Issues As existing, the project site is currently non-conforming as the property does not comply with the City's current development standards. Section 41-681.2 of the Santa Ana Municipal Code (SANG) states that in order to rehabilitate and expand a nonconforming building, the project site must then comply with the all current development standards. Therefore, site improvements must be made in order to expand the existing commercial building. These improvements include items such as additional landscaping, signage to meet code, meet building setbacks, and obtain all required land use entitlements. When originally built, the Carl's Jr. Restaurant was not required to obtain a conditional use permit to operate the drive-through restaurant. However, with the current expansion and remodel, the project must comply with Section 41-365.5 (e) of the Santa Ana Municipal Code (SANG), which requires an approved conditional use permit to operate a restaurant with drive-through window service. An approved conditional use permit will provide an avenue by which the City can ensure that the drive-through operation will not negatively impact the surrounding properties. The conditions applied to the project will ensure that the site remains as approved by the City and conditions from the Police Department will minimize the potential for criminal activity on the site. The proposed expansion and remodel will bring the site up to compliance with the City's current development standards. The site will comply with the City's landscape requirements and 15-foot landscape setbacks will be installed along both Bristol Street and Central Avenue. The landscaping for the site will be installed to comply with the City's commercial landscaping standards along with the South Bristol Street Improvement Plan. Lastly, the exterior of the building will be remodeled with a contemporary architectural style that is consistent with the Citywide Design Guidelines and Urban Design Element. 31 C-4 Conditional Use Permit No. 2007-23 December 10, 2007 Page 4 Policy 2.2 of the Land Use Element encourages commercial developments that create a safe and attractive development. The proposed improvements will create an attractive site that will comply with the City's Building Security Ordinance. The proposed site is located in the appropriate zoning district and is located along the Bristol Street Commercial Corridor area of the City. Policy 5.5 of the Land Use Element encourages projects that are compatible with, and supportive of surrounding land uses. Lastly, the building will be expanded and remodeled with a contemporary architectural style and will comply with the City's current development standards. Policy 2.8 of the Land Use Element encourages capital investment and the rehabilitation of existing commercial properties. Based upon the analysis of the project and findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-23 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with minimal expansion of the existing use. Categorical Exemption Environmental Review No. 2007-69 will be filed for this project. Carlos Rodriguez Assistant Planner II CR:jm cr\reports\cup07-23 Carl's Jr.pc Vince Fr gos AICP Senior P1 ner 31 C-5 R1 C R1 L ~~ a i R1 R1 R1-PRD R1 R1 ai Ci l R1 _ -_ ~r 2 ~ R1 R1 R1 R1 ' 0 R1 Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Ri SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' ViILAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT _ _ CUP 07-23 ~ CKE RESTAURANTS, INC. ~ ~" 2511 SOUTH BRISTOL STREET - - = 500 FEET 1" = 1000 FEET P L A_ N__ N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~`~~B~ , J Q U ~"' W ~ ~ W ~" ~ J N J O ~ 2 ¢ U W O J ~ y U ~- W 2 ~ ,;, t + ~ `~ a ~ }J`' ~'L ~ ~: ~ J J I- ~ ~~'~ 2 ~ ~ ~ ~' 4 r 4:.. ,,~ W ~ J O i^ ~ ~ `' ~ ' :' ~ U ~ U , ~ ~ O m COMMERCIAL U ~ W CENTRAL AVENUE J N C O M M E R C I A L m C O M M E R C I A L CUP 07-23 - CKE RESTAURANTS, INC. n 2511 SOUTH BRISTOL STREET ~' P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 C-7 ~ilN~/~~'/ 'lb'J1N3~ ~ ~ ~ ~ o _ _-r__ ~ ~ ~ 3~ ~ 9~~ b~ H 5 b 5 5 5 9 ooooo000000000000 ------- ~, o ~, i i - ~ ~ ~~ ~ ~ o i . o ®° ~ p~ - - ' ~ !. pp*f ~ ~ o ~~~ t ~ i 4 Iii ~$ ~ 5 ~ ~ I o ~ '.,.\ .•! l ` ~ w A al's I I 's:: , ', $ ~ ~ i` j e ~ ----- ~ ~ --- a -- - -~ ~ ,a ~~a~ --- ---~ ---- -- - - - " -- tG W ! ` O _ _ f, s _~y m~~q~yy OO P' ~ ~ :r i ' \ . ~ I ~~ ~j. _ _ ° ~--_~_~~- ~.ro ice--~~/, i' ` 1 I 3 ~^ I - ~ F I t --1 I I o i I ~ m-~„ -~ ~ o - o i a~ o 1 U - _ ' ~ o-.r~ibl Ft ..._._ - .__--- ~ Y - ~ ~ - --~ = essu rtw.~cw rv ~.I II a .. ~ i o ..+.......,~..,, _ ___ ,, I ~ a ~, i i 's. Y~ B I I 11 I I /4 ~ ~_-_ / II EX T __ _ m,ml ZZ.68 N oo su n.maz.52 u m ' .o ---- --- ~, --. ~, i ~ Q ~ ~ ~ ~~ e ,tl„ J11[IJ ~ ~ ~ RR 3~~~ z ~ l0in lMJ HJtlpadd JNOJ 82 a V ~ ~ ~ Ug~ m oar rr 68 N ~ w y a ~ ~ iiii~ - _ ~ ~ ~ g, fig. F"~5Y ~ it a g~g ~rb~ ~ ~ a~~ ~~ l ~~ ~d~`8 J a a L- C ~ o d ~ o o ~ ~ o,~~_ ~ og ~.do ~ ¢pgQ -_-__. ~ N ~ ti p9 Q U ~.~ ~' ~ J r$ 'I g I a / '~ ~ _ § '_" ~ R N O ~'i ~ ~~ a ~ o iF l a J 3 d i ~ ~~~ ~ ~~ i ! o ~ ~~~ ~ r,~ ~~ ~' Y ~ ~ ~u '~a g :~ ~ ~ ~~~ ~~o ~~~ ~a ~~~ ~ ~~ ~~~~ ~ a ~ ~0~ o ~ z vJavd BiuiYHi~ ~ ~ 'C ~.... ~ r [C az~ L yi ~~~~4~ W ~~ ~ gnu ;,~o `` . n ~ ~ awl ~ u ~, ~ ~~' ~ i ~ ~ ~ ~ ~ . Y ' aEM Mltlll 313LJN1J .: ~av ,vJla~ ¢1 - .9'EYi , - '~~ ~~~ ~ ~ E P ~~ ~~ ~~~ ~~ ~ aka 5 1 ~ :~ ~ `~ ~ t , W_. _ , `, kQ ~ ~. ( ~ p 3 ' ~ ' a ~ __, ~ ) S. W y 4 ~ d Wo, ^a i ~ g 1I~ E~ ~ Opp xW, \. --~ i ~~ ! y~ f ~ ~2 ..F'Y ~ F mW~~Y w ~~~Y~ ^ m e Y 1 ~i ~ ~~ ' `w .1Y ~ ~ l f Y ~~ g W - j ~~I - ~~ ~~ ~ ~~ ~~ ~i ~j~ ~ Lo _--- ~ ~~ 5 :3;_ $~ II iLL. ~ $ i ~ ~ ~ ~^ ~~ ~a .i.__. __ a'wf~ q .EI' - - .00 S #-~ ~~ ~ e ~~ ~j ` ~ ~r W ~~ 8~ ~~g ~ ~_ 3 ~~ ~ ~~ w a ~w ~tld "~ ~~ ~ ~;~ ~ o ~ e ' Z r p ~ W ~ ~ .~ ~ ~ ~~ ~ ~ m - 8\¢0 ~ c e e ~ u 8 ', o; ~,~~ ~ ~t i i v.,~ ~~b aK 'I' 6 ---- ~~ ~ ~Sl~ 3 O=~ ~ Z9 r y:i C.. III ~ ;. ~~ , $ ', I ~ ~ ~ l _ ~ fir. a -3{ _ eo-n 'axd ' ~ EXH ~'z aa, H.aw 3~i- x ,^ ~ a ~ o o 0 u u ~~ - \ r -~- - - - - - - - I1~I110O~ df A% 1~1 YOOOW .G-.iG - - - r3 - - - ~ - ~. .G-~~I / ::. Y _:. :_ _ ___. ~ I ' 8 I i Q 3 -_ !'i~ .P.Y E ONf10 JA VId a 00N1 I _ o ,~~, ~ ~ ~ I I - --- - - ~ ; 3, ~; a 3 ~ >s _ ~ , x. !I i L - , , ~ ~ ~ ... .~. .~ ®~ ~ o ~ ~ ~ ~ 9 ~ I ~ ~ _. - - ~ ~ ~ _ --_ . rauam>~ ~ ~ r. o ~x 9 ' . s3~s.z ~L V3aV 2f30a0 '° ~ ' - - - + ~ sins ss -. •'y3NV `JNINIO 0 a c .. Yi1MOO rwYO rrmaa~ '"^ ~r- c iix3 we . .(v-o~ . -. L __ OOO e .3. ~ ` o s . o ~_ I - 1 'z~31A0 J~ z '3R ~ o ~.,, lJ"' 7 I 1 %O ..J 3 ~ ~ aae « V3aV ONIna35 aewia is nu3n/ re ~{ w _ ....t.~ m~-mo ne x 3N 3 p oiiaa 3i ~ ^ av~ eo __ aae nrv;rv nr s ~ _ Ali ~ ~ ~ U C a. w m+.va +s d ~ w - 3~ ~ I. ~° .o-,c ~ ~~l raw. -ue.~ __ __ .L-.c .L-.c ~ ~y ~~ 7 ~ c uavaa uu :O _ __J ~~~r~.N - ---- - ~ '~ v3av a3ae . ~, ~ (/~ 3013a0 ~ se ~__ ~ ' .o-.c ~ ~ -- ~ §,'. OOH 1 _ I 3~ o~ ~ -7 ~ - (y 7 1 ~ . ~ P .L.i i F f § -- ~ p ~ ~ i, _ .~x3 -._T r ~ I 1 + a w 3~ ~2 3 _ L~ ~ ~ S I c _. V _ I ~o~ i. "e 1 1 N .w. ne ...~ n ~ R ~, .re ~ ~° _ ~A C3. i s i. ~ z}c 3 r ^ ^ .~... L n^ ~:O ..... d' L r - a3lOOJ I 1 l° w _~ i b I A.i -- ,p_,G I 1 - _ 1 ~ ~ ( ~ .. I . Op 3 . °. r y _ ~I L~ W _-. _. ~ J ~ . ~ ..°.. __.._ - - ... ~ _y o. aria ~. _ ~ ~_-__ m. ~- 1 ^ m A . F_. ?~ ~ n 30va015 Aa0 '4Na M3aJ w ~ I O o _.. _. ___ _ _ _. -3 OQI 1laTl _ -r'-_'71 - --y w ~ '~. w Mon ' i _ ~ .N ~ uru~ T .. i -. « .~... .~ ~~~ ~0-, ~ a%x ! ~~~ // \ 153. - i ~~I L ~ - a Ainun _ ' I ~ I 1 J I I Y Q \ 5 N3W ~ _ I ~S.~,N3WODA~ I mvl b} Y a ~- ' ~. rt ~ I c ~ . y-_. ___-_-..~ _._-.. __y t L A-.~ - \ i 1 1 / I \ ___ _'Y_____ ~ 1' III i k# __ w r .o.~ __-_._ __- i'~ .__. _ ~ .r v ~ . . _ _ ~' m„mi.zr.._6e N ~ - - ,,,, m sr - - - ~ ~ ~ ~ ~, .... v ~~ ~ ,~ ~ ~ ~, ~~ s~ „. ~, `.r ' - :' , 18 ~ yr I~ n i u .~ i ~ ?~ r ~~ i '~ ~ ~ , h ~~ r ~ ~ ,' ~i ~ ~ y ~ - r -, d ~~ ' i I % n ~ ~ ~ ~ i . u a a y w a ~ \ a ii o f 'i W ~t ~ ~ , IC a ~ ~ ~~~AU l l r/iii , ~' o u W o ~ L :: •. .. ~U JJ i I - ~u x m -_ t .. ~~ O®O o O LL I :n a ' ~ ~ ~ V Y d. ~ Z ~~~/~~ r Y w , ° ~ i o ~- ~ w '~. ~ ~-. ~ ~ i > e a ~i I ° ~~~o ~cu ~ ' '~r'~~ ~ v `- v.. `r i v u~o~a W ~ 1~ v ~ t ~~ a ~ ~ w ~L~i~~ a .- ~, ~z ~~~LL W~~ui 1~ V~~L~~l ZEN ~0~!~, z~LO ~~ z U d~~~r1')~i IYZp1 t ~ ~ ~]~w.F a~~C~,r '~ ~, iOIY U- 5~ ~F ~~ ~pry~ 1 ~ DIY C ~l~y ALL' U~~~~z Ur w F~ ~ rc~W rcrcLL cya~u1nm pin ~~LL~ ~~ i~~w~~~J~ i ~ ~~~(Il 1~1 .LL.dUl ui-~Il~~. i r. ',... ~., ' F- lll W <_`i `z ~ ~ y i ~o ~ ~ ~ ~ ~? - 0 ~ °i '. ~ - ~~ oa u'io° ~~ % ~ cry ~ ~ ,~ ~_ ~kk [Y a' ° ° ~-r w f r [0 ou ' ~i ~) w~,~o i LL ~~ 1 ~ 7'0 °z cid w ~ ~,i -- i., °y mu l!1 u~ m ~°i'' ~- '' --' ~~,o u~nw ~~ ~ ~ ~~~ d~az }~~ rc~ u a o~n~- `& - u,~ u-~, u f ~~ o ww ~. wu w rc u~ n ~ ~n u w ~4 s YI k ~.i t. i °; .; ` ~~ ui~nul ~'[U u~ll ui~i U,W LLy ~~~ wa 'v~LL°' -~uiu~~a `'y ~ WU ~u rm~ v ~) N~ ~ U~ I F( i zz~ iii ~ ~ n X11 W-JUw~IV~1~. nUU ~r ~~ o w ~; _~ ,~ a it _ '~ ~ W tt Y~ D~U 1 W l ',r~ ~ ~~~ ~ o~ ~i~ ~~~~~ ds~a ,mm~mu m„mi,zz.6a N j A OYI~Y RJr/~ r 0 o _ _ ~-+ N N M to 0 0 0 0 N N V U1 V 0 0 0 0 0 ~D o_ N N O~ - ,~ ,~ p .-• (Ll N -~ I ~--~ - Q Q cu ni ~ ~o~,~o ~~olf~° u~ N w o~ ~ W ~ ~ Q N M f~ W ~ I ~ Ui ~ Ui cti ~ ~ ~ Imo- m iri c-i m I q a ~ ~ _~ _~ W ~ ~ ~ ~ ~ U2 m m oo ~ ~ X -- Ql X e ~ ri cti Q > d _~ > d ~ _.. ~ Q~~Q~ L__ W _ o V N O~ ~O M N In N N ~D ~D Ili M N - -. m ~O In r o . ICi U7 Ih (''7 C7 ,ir ('') V ('7 (`') O N V ~0 N 0~ M ~ ~ O~ ~O . - M ~ ~ O~ .mr ~ o RI o OD o OJ o O~ h n ~ ..-. n U7 V o OJ M M V I~ N n O~ ~O O~ W U7 ~ I° .-• M M lf) tl"J If) ~ ~D OJ O~ h ~O ~O ~~ V i N '" -" N OJ M o M o M ~ p~ ~~ M u) o ~p In _. N N M M M (Lj I~ o co v ~ M ~ N N N i ~O M ~ N M ~. M t17 I~ M N N N h ~p ~ M _ ~ ~ II7 M N N • _ V o I!~ In V _ - ~0 M N N i ~ ~ lf7 ~ ~ ~ i..~y O~ O~ Ili ('') N - - - - _, - L!7 I~ .-. N O~ .--~ o V N M ~ ~ ~O Ifs M r'j !f7 N N ~ ON -~: o ~ ~ V ~O M .~ V U7 0 0 ~O M Q~ M lf~ i~ M M I~ N O~ I~ ~ ~N N o M V 1f7 ~O v .-. O~ o .-. ~p N I~ N N -. ~`'7 M N M M M U~7 ~t f-i° V U7 V ~t V N M O~ N I~ ~ W V .--~ M M I~ .-. M N o n N o N N N N N N N N M N N N .-: .-. .-. _ ~~~~ 3 _. KO- 12/17/07 RESOLUTION NO. 2007-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-23 TO ALLOW AN EATING ESTABLISHMENT WITH DRIVE-THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 2511 SOUTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2007-23 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 10, 2007. B. Conditional Use Permit No. 2007-23 has been filed with the City of Santa Ana seeking to allow an eating establishment with drive-through window service at 2511 South Bristol Street C. Pursuant to Santa Ana Municipal Code Section 41-365.5, a Conditional Use Permit is required for an eating establishment with drive-through window service. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of a conditional use permit to the existing restaurant with the drive-through window service will ensure that the business will continue to positively contribute to the surrounding community. The conditions of approval will require that the site be maintained as approved by the City. Additionally, the Police Department will include conditions of approval to ensure that the site remains both safe and free of criminal activities. Policy 2.9 of the Land Use Element encourages commercial developments that are both safe and attractive. Resolution No. 2007-43 Page 1 of 7 31 C-14 2. 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 conditional use permit for the drive-through restaurant will not be detrimental to persons residing or working in the area. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. The Carl's Jr. Restaurant is currently operating at the project site. The site is located along the Bristol Street Commercial Corridor and is surrounded by commercial properties. Additionally, there are several drive-through restaurants near the project site. Lastly, the proposed use is consistent with the requirements of the Santa Ana Municipal Code. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed project involves the expansion and remodel of an existing commercial building. The project will involve a large capital improvement that will create an attractive and safe eating establishment with drive-through window service. The proposed improvements support Policy 2.8 of the Land Use Element that encourages investment in and the rehabilitation of commercial properties. The rehabilitation will positively affect the streetscape of the Bristol Street commercial corridor and will create a positive economic benefit to the surrounding community. Lastly, this project is one of several commercial property rehabilitation improvements within the surrounding properties. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed restaurant with the drive-through window will comply with all the regulations and conditions of the City's zoning code. As part of the expansion and remodel of the existing restaurant, improvements to the site will allow the property to meet all the commercial development and landscape standards. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the Resolution No. 2007-43 Page 2 of 7 31C-15 General Plan land use designation as General Commercial. Additionally, the site is located within an established commercial area of the City and is with the Bristol Street Commercial Corridor District. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301. This Class 1 exemption allows the licensing of existing facilities with minimal expansion of the existing use. Categorical Exemption Environmental Review No. 2007-69 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-23 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated December 10, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of December, 2007 by the following vote: AYES: Commissioners: Betancourt, Gartner, Leo, Mill, Munoz (5) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Alderete, De La Torre (2) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney 31C-16 Resolution No. 2007-43 Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-43 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 10, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-43 31 C -17 Page 4 of 7 Conditions for Approval for Conditional Use Permit No. 2007-23 Conditional Use Permit No. 2007-23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 rip or 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. Planning Division The project shall remain in compliance with Site Plan Review (DP No. 07- 30). 2. Any amendment to this 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 the conditional use permit must be amended. 3. All landscaping shall be installed and maintained in accordance with the approved landscaping plan. 4. That the proposed driveway paving shall be similar to the paving installed at the commercial center north of the project site. B. Police Department 1. Existing building and parking lot must conform to 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's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Resolution No. 2007- Page 5 of 7 ~"~~18 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise. 6. Atimed-access cash controller must be installed. 7. Interior displays and racks must be kept to a maximum of five feet including merchandise. 8. Install a silent armed robbery alarm. 9. There shall be no coin-operated games or pool tables maintained on the premises at any time. 10. All pay telephones shall be located inside the licensed premises. 11. The petitioner(s) shall be responsible for maintaining the premises free of litter and graffiti. 12. The conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. Resolution No. 2007- Page 6 of 7 31C-19 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd ,Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2007-43 Conditional Use Permit No. 2007-23) in this action by p acing a rue copy ereof enc ose in sea a enve opes a ressed as follows: Neal Casper Casper Development Resources 6405 Lake Kathleen Avenue San Diego, CA 92119 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2007- Page 7 of 7 31C-20