HomeMy WebLinkAbout31B - CUP - 3531 S FAIRVIEW STREETREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
CONDITIONAL USE PERMIT NOS. 2009-03 AND
2009-04 AND VARIANCE NO. 2009-O1 TO
ALLOW A DRIVE-THROUGH, AFTER-HOURS
OPERATION AND A REDUCTION IN LANDSCAPING
FOR SONIC RESTAUR.AN'r LOCATED AT 3531
SOUTH FAIRVIEW STREET - COAST TO COAST
COMMERCIAL, LLC, APPLICANT
C~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Arriended
^ Ordinance on 15t Reading
^ Ordinance on 2rd Reading
^ Implernenting Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No.
2009-03 as conditioned, Conditional Use Permit No. 2009-04 as conditioned
and Variance No. 2009-01 as conditioned.
PLANNING COMMISSION ACTION
On March 9, 2009, the Planning Commission adopted a resolution approving
Conditional Use Permit No. 2009-03 as conditioned, Conditional Use Permit
No. 2009-04 as conditioned and Variance No. 2009-01 as conditioned by a
vote of 7:0 to allow a new Sonic Restaurant with drive-through service,
to operate after-hours and to reduce the side yard landscaped setback in
landscaping for a Sonic Restaurant in the Arterial Commercial (C-5)
zoning district at 3531 South Fairview Street. The Planning Commission
modified the conditions of approval to require all 24-inch box trees
shown on the site plan to be changed to 36-inch box trees and the
permitted hours of operation for drive-in stalls from 7:00 a.m. to 10:00
p.m. to 6:00 a.m. to 10:00 p.m. (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Ja M Trevino
Executive Director
Planning & Building Agency
MF:rb
mf/reports/cup09-03&cup09-04va09-O1 Sonic Drive-in.cc
31 B-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MARCH 9, 2009
TITLE:
PUBLIC HEARING - FILED BY COAST TO COAST
COMMERCIAL, LLC FOR CONDITIONAL USE PERMIT
NOS. 2009-03 AND 2009-04 AND VARIANCE NO.
2009-01 TO ALLOW A DRIVE-THROUGH, AFTER-
HOURS OPERATION AND A REDUCTION IN
LANDSCAPING FOR SONIC RESTAUR.AN'r LOCATED AT
3531 SOUTH FAIRVIEW STREET
Prepared by Matt Foulkes
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Exec tive Director Plannin anager
RECOMMENDED ACTION
1. Adopt a resolution approving Conditional Use Permit No. 2009-03 as
conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 2009-04 as
conditioned.
3. Adopt a resolution approving Variance No. 2009-01 as conditioned.
DISCUSSION
Request of Applicant
Coast to Coast Commercial, LLC, on behalf of Sonic Restaurant, is
requesting approval of Conditional Use Permit Nos. 2009-03 and 2009-04
and Variance No. 2009-O1 to allow a new Sonic Restaurant with drive-
through service, to operate between 12:00 a.m. and 5:00 a.m. and to
reduce the side yard landscaped setback at 3531 South Fairview Street.
Property Description
The subject site is a 0.51 acre parcel
corner of Fairview Street and MacArthur
use designation for the site is General
within the Arterial Commercial (C-5)
currently developed with a 2,200 squa~
drive-through service. Surrounding lay
north and south, residential to the ea
(Exhibits 1 and 2).
EXHIBIT A
of land located on the southeast
Boulevard. The General Plan land
Commercial (GC), and it is located
zoning district. The site is
e foot fast-food restaurant with
.d uses include commercial to the
st and Calvary Chapel to the west
31 B-2
CUP Nos. 2009-03 and 2009-04
Variance No. 2009-01
March 9, 2009
Page 2
Project Description
Sonic Drive-in is a nationally recognized fast-food establishment with
over 3,500 restaurants nationwide. Sonic Drive-ins are unique from
other fast-food establishments in that curb-side speakers allow patrons
to order their food directly from their vehicles, with food delivered to
the car by a car-hop. The proposed Sonic Drive-in will provide 18
drive-in stalls, as well as outdoor seating for 36 patrons in addition
to the drive-through lane. There is no seating provided within the
1,536 square foot building (Exhibit 3).
The existing drive-through restaurant will be demolished and replaced by
a new building. The new building will feature a large arched metal
canopy covering the outdoor dining area to complement the dark slate
the which will be used on a tower feature and along the base of the
building. The remainder of the building will be stucco with a
decorative cornice extending around the parapet (Exhibit 4) The arched
metal canopy design is replicated on the drive-in stalls located on
either side of the building as well as the trash enclosure located at
the southeast corner of the property. The design is intended to provide
a modern twist on the classic drive-in restaurant design while still
providing an attractive outdoor seating area.
Access to the site is currently taken from three drive-ways, one located
on Fairview Street and the other two on MacArthur Boulevard. As part of
the design, Sonic is proposing to eliminate the second driveway on
MacArthur Boulevard in order to simplify traffic circulation on site.
The building location in the center of the property and use of angled
drive-in stalls results in a one-way circulation pattern around the
site. Colored concrete and a landscape island will be utilized to
clearly separate the drive-through lane from the drive aisles.
Analysis of the Issues
After-hours Operation
In January 1994, the City Council adopted Ordinance No. NS-2213 requiring
a conditional use permit for any eating establishment open any time
between the hours of 12:00 a.m. and 5:00 a.m. and that is within 150 feet
of any residentially zoned or used property. Since the proposed
restaurant is situated on a parcel of land that is directly adjacent to
residential property to the east and the drive-through is proposed to
31 B-3
CUP Nos. 2009-03 and 2009-04
Variance No. 2009-01
March 9, 2009
Page 3
operate on a 24-hour basis, a conditional use permit is required. The
drive-in stalls and outdoor dining areas will be closed for after-hours
use and are not part of the conditional use permit request.
In reviewing applications for after-hours operation, the Planning Division
considers several criteria to determine the feasibility of the request.
These criteria include the crime rate of the area, the nature of the
establishment, the surrounding land uses and development or operational
conditions to address any potential concerns to nearby residents.
1. Crime rate of the area - The restaurant is located within Reporting
District No. 90, which ranks 76th out of 102 Citywide Districts
making it average in police related incidents. This ranking is
based on the total number of calls for service in the reporting
district compared to all other reporting districts. The Police
Department has reviewed the proposal and has added conditions of
approval that are intended to address any potential concerns
regarding the after-hours use at this location.
2. Type of establishment (fast-food, sit-down, drive-up window) - Sonic
Drive-In is a 1,536 square foot fast-food restaurant with a proposed
drive-through service. Outdoor seating for 36 patrons is provided
as well as 18 drive-in parking stalls. Sonic maintains five
employees during regular operating hours and is proposing to reduce
their staff to three employees during after-hours operation. The
drive-through will operate 24-hours a day while the drive-in stalls
and outdoor seating area will close at 10:00 p.m. The reduction of
service to drive-through only and the level of after-hours staffing
will serve as a deterrent and reduce the potential for criminal
activity.
3. Surrounding land uses - The site is surrounded by commercial to the
north and south, the parking lot for Calvary Chapel to the west and
multi-family residential to the east. Several other fast-food and
casual dining restaurants exist in the center to the north of the
project including Subway, Rubios Baja Grill, McDonald's and Pick-up-
Stix. Currently, none of these establishments offer after-hours
service. The restaurant's location adjacent to two major arterial
streets as well as the limited late night dining opportunities makes
this an appropriate location for an after-hours use.
31 B-4
CUP Nos. 2009-03 and 2009-04
Variance No. 2009-O1
March 9, 2009
Page 4
4. Potential areas of concern - Staff has identified noise and
loitering as two potentially negative outcomes associated with the
after-hours operation. In order to address these concerns, staff
has added conditions requiring the outdoor dining and drive-in
function to cease operation at 10:00 p.m., and the installation of
signage on the drive-in stalls adjacent to the residential property
requesting vehicles to be considerate to the neighboring property.
Additionally, the applicant will be required to raise the height of
the wall adjacent to the residential properties from five to six
feet and orient the drive-through speaker to face away from the
residences. Finally, the applicant has performed a noise study on
the subject property and found that the ambient noise level created
along MacArthur Boulevard and Fairview Street will exceed the noise
generated by the restaurant use (Exhibit 5).
In addition to the items outlined above, staff has included several
additional conditions of approval aimed at further minimizing any
potentially negative impacts on the adjacent properties. Finally, staff
has added a provision that the conditional use permit be reviewed after 90
days, six months, one year and then annually to make any modifications
necessary. The approval of after-hours operation at this site will
support Policy 2.2 of the Land Use Element of the General Plan which
encourages land uses that accommodate the City's needs for goods and
services by providing an after-hours dining option for motorists.
Drive -through Window Service
Drive-through window service is considered a critical operational
component of a fast food restaurant as it can generate up to 50 percent or
more of the total sales of a restaurant and provide an added convenience
to patrons.
The applicant has applied for a conditional use permit to allow drive-
through window service for the project. This request has been reviewed
based on the criteria established by the City and has been found to be
consistent with the operational standards for drive-through
establishments. To avoid impacts to the health, safety and general
welfare of persons working or residing in the area, several site design
and mitigation measures have been incorporated into this project. The on-
site vehicular circulation has been designed to avoid conflicts between
vehicles in the drive aisle and the drive-through lanes through the use of
colored concrete and a landscape island. The stacking lanes have been
31 B-5
CUP Nos. 2009-03 and 2009-04
Variance No. 2009-01
March 9, 2009
Page 5
designed in order to prevent the stacking of vehicles onto Fairview Street
and MacArthur Boulevard. Additionally, Sonic utilizes a "bump-out" drive-
through system that allows patrons who have small orders to receive their
food, pay and then leave the drive-through lane before reaching the drive-
through window. This operational characteristic has been shown to
dramatically reduce the time vehicles spend in the drive-through lane
which will further decrease any impacts the drive-through might have with
on-site circulation. Finally, the aesthetic issues related to the drive-
through lane have been addressed by the installation of bermed landscaping
and a decorative hedge that will reduce the visual impact of the drive-
through lane to traffic traveling on Fairview Street and MacArthur
Boulevard.
Landscape Variance
The applicant is also requesting a variance to allow a reduction in side
yard landscaping on the site. Section 41-372 (b) of the Santa Ana
Municipal Code requires a landscaped area adjacent to a residential use be
not less than five feet while only one foot of landscaping is provided.
The property's location along two major arterial streets and adjacency to
two built-out properties has resulted in a site plan that is unable to
meet the side yard landscaping requirement established by the Municipal
Code without causing a deficiency in another aspect of the site. The site
has provided the required 15-foot landscape setbacks along MacArthur
Boulevard and Fairview Street as well as the required landscape planters
within the parking lot. Additional landscaping has also been provided in
a landscape island adjacent to the drive-through lane and landscape
planters in the outdoor seating area. The intent of the five-foot
landscape setback for side yards adjacent to residential properties is to
provide an aesthetically pleasing visual buffer for those properties from
the commercial uses. Although the adjacent residential property is
separated from the project site by an existing 20-foot alley, in order to
further improve the buffer, the applicant is being required to raise the
height of the wall separating the two properties from five to six feet and
plant decorative vines at eight-foot intervals to create an attractive
visual buffer between the parking lot and the residential property.
On February 25, 2009 a meeting was held with Thornton Park Neighborhood
Association to discuss the proposed project. Representatives from Sonic
presented the proposed site plan, landscape plan and elevations for the
project. Several questions were raised regarding the timeline for the
31 B-6
CUP Nos. 2009-03 and 2009-04
Variance No. 2009-O1
March 9, 2009
Page 6
project's development and the mitigation measures being taken to protect
the residents to the east of the project. Staff presented several of the
proposed conditions of approval intended to prevent any negative impacts
on the adjacent residential including the raising of the block wall and
limiting after-hours operation to drive-through only. Staff also answered
several questions relating to the number and type of entitlements that the
Sonic was requesting.
The approval of a Sonic Restaurant at this location supports Policy 1.10
of the Land Use Element which encourages commercial development at
arterial roadway intersections in commercial districts. It also supports
Policy 2.8 of the Land Use Element which promotes the rehabilitation of
commercial properties in the City. Based on the analysis of the project,
findings of fact, conditions of approval, compatibility with the City's
General Plan and applicable development standards, staff recommends the
Planning Commission approve Conditional Use Permit Nos. 2009-03 and 2009-
04, and Variance No. 2009-01 as conditioned.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15303. This
Class 3 exemption allows for the construction of a restaurant not
exceeding 2,500 square feet in floor area. Categorical Exemption
Environmental Review No. 2008-139 will be filed for this project.
Matt Foul
Assistant Planner I
il.~
Vince Frego o ICP
Principal Planner
MF:jm
mf/reports/cup09-03&cup09-04va09-O1 Sonic Drive-in.pc
31 B-7
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_ ~ ~ ` , ~~, CUP 09-3 & 09-4, VA 09-1
~ SONIC DR(VE-IN
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31 SIT 4
SONIC DRIVE-IN PROJECT
ACOUSTICAL STUDY
City of Santa Ana California
Prepared for:
Mr. Devon Wesselink
COAST TO COAST COMMERICAL, LLC
26400 La Alameda Suite 106
Mission Viejo, CA 92691
Prepared by:
RK ENGINEERING GROUP, INC.
3991 MacArthur Boulevard, Suite 310
Newport Beach, CA 92660
Mike Dickerson
Robert Kahn, P.E.
g~or~ss~oN~
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October 8, 2008
MD: rtq/RK6860
lN:206 J-2008-04
EXHIBIT 5
31 B-12
1.0 Executive Sumrnar
This acoustical analysis and design evaluates the potential noise impacts and necessary
mitigation measures for the Sonic Drive-In Project. The project is located at the southeast
corner of Fairview Street and MacArthur Boulevard in the City of Santa Ana, as indicated in
Exhibit A. The site plan used for this analysis, provided by MCG ARCHITECTS, is presented
in Exhibit B. The proposed project would replace an existing restaurant with a 1,536 square
foot building and a 456 square foot patio with a menu board, along with approximately 17
drive-up menu boards with speakerphones. The noise regulations for the project site are
listed in the Noise Standard section of the study. The noise ordinance relates to "stationary"
noise sources as stipulated in Appendix A.
A detailed list of required and recommended noise control measures is presented in the
Summary of Mitigation Requirements section of this study {also graphically illustrated on
Exhibit D). The noise control analysis and recommendations in this study are intended to
satisfy the City of Santa Ana Conditions of Approval, with respect to this project.
1.1 Stationary Noise Analysis
The stationary noise impacts associated with the proposed project would include
noise from the drive-up speakerphones and speakerphones in the patio areas.
To approximate the noise levels associated with the proposed project, noise level
data from existing Sonic Drive-In restaurants with similar parameters were collected
and is presented in Appendix C. The noise levels associated with stationary noise
such as speakerphone activities were monitored by RIC. These referenced noise
levels can be found in Table 2 and are used as the reference noise levels.
To help assess the potential noise impacts of the proposed project, four (4)
short-term noise measurements were taken at or near the project site (two (Z)
1-1
31 B-13
during the daytime hours (7AM - 10PM) and two (2) during the nighttime hours
(10PM- 7AM)). Short-term noise monitoring location 1 (ST-1) is located on the
project site's property approximately 10 feet from the eastern property line and 110
feet from the centerline of MacArthur Boulevard. ST-1 describes the noise
environment associated existing project site. ST-2 is located 10 feet from the
residential units directly east of the project site. ST-2 describes the noise
environment associated with the residential units at the ground floor level. Both
ST-1 and ST-2 indicate the typical ambient noise levels during the daytime and
nighttime hours. Traffic noise is the predominant noise source impacting the
adjacent residential units. The noise measurements conclude that the residential
units (located approxima#ely 30 feet from the project site's eastern property line)
existing noise environment is exceeded by the surrounding ambient noise levels.
The City's noise ordinance is violated by pass-by vehicular traffic and the
surrounding environment. The City noise code states that in the event the ambient
noise levels exceed the noise ordinance, the maximum allowable noise level shall be
increased to reflect the maximum ambient noise level.
By including the referenced and measured noise levels associated with the ambient
noise conditions near and around the project site, future noise levels were
calculated. The projected noise levels propagating from the Sonic Drive-In to the
residential units were calculated by adding logarithmically the projected Sonic
Drive-In noise levels to the corresponding noise levels during the different daytime
and nighttime hours. These future noise levels were compared to City of Santa
Ana's noise ordinance,
Tables 3 through 6 indicate the anticipated exterior/interior! day and night noise
levels associated with the proposed project. The calculated first and second floor
exterior noise levels during the day and night hours are expected to range from 53.5
to 61.6 dBA Leq. The calculated first and second floor interior noise levels during
the day and night hours are expected to have a maximum noise level range of 47.0
to 55.6 dBA Lmax. The tables also indicate the expected change in noise level as a
1-z
31 B-14
result of the proposed project. The change in noise level is minimal when compared
to the existing noise environment.
The results of the stationary noise analysis indicate that noise levels associated with
the project site will not exceed the City's exterior noise ordinance because there are
no usable exterior livable areas (backyards or balconies 6 feet deep or mare}
adjacent to the project site. The City's interior noise ordinance will be exceeded for
all second floor units facing the project site during nighttime (10 PM - 7AM}
operations.
1-3
31 B-15
KO- 3/10/09
RESOLUTION NO. 2009-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2009-03 AS CONDITIONED TO ALLOW
THE OPERATION OF AN EATING ESTABLISHMENT
BETWEEN THE HOURS OF 12:00 A.M. AND 5:00 A.M.;
CONDITIONAL USE PERMIT NO. 2009-04 AS
CONDITIONED TO ALLOW ADRIVE-THROUGH WINDOW
SERVICE AND VARIANCE NO. 2009-01 AS
CONDITIONED TO ALLOW A REDUCTION IN SIDE YARD
LANDSCAPE FOR THE PROPERTY LOCATED AT 3531
SOUTH FAIRVIEW 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. Applicant is requesting approval of a conditional use permit to operate a
restaurant between the hours of 12:00 a.m. and 5:00 a.m., a conditional use
permit to allow adrive-through window service at the restaurant and a
variance to reduce the side landscaping for the property located at 3531
South Fairview Street.
B. Conditional Use Permit No. 2009-03, Conditional Use Permit No. 2009-04
and Variance No. 2009-01 came before the Planning Commission of the
City of Santa Ana for a duly noticed public hearing on March 9, 2009.
C. Conditional Use Permit No. 2009-03 has been filed with the City of Santa
Ana seeking to allow a restaurant to operate twenty-four hours a day
within the Community Commercial (C1) zoning district.
1. Santa Ana Municipal Code Section 41-365.5 authorizes eating
establishment open at any time between the hours of 12:00 a.m. and
5:00 a.m. and located within one hundred fifty feet of residentially
zoned or used property, measured from property line to property line
subject to the issuance of a conditional use permit.
2. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
Resolution No. 2009-06
Page 1 of 13
31 B-16
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed after-hours operation will provide an
additional amenity to the restaurant and thereby benefit
the community by providing extra hours of food service
at the eating establishment. Conditions have been
placed on the conditional use permit which will mitigate
any potential impacts created by the use and ensure
that the eating establishment will not negatively affect
the surrounding community.
ii. 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 late night operation will not be
detrimental to persons residing and working in the
area as the use, as conditioned, will not create any
negative or adverse impacts such as noise or loitering
and will provide an after-hours dining option for
motorists. The Police Department has added
appropriate conditions to the project that will prevent it
from becoming an attractive nuisance in the future.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The 0.51 acre site is currently being used as a fast-
food restaurant with drive-through service. The
allowance of the after-hours operation will complement
the economic stability of the area by providing greater
opportunities for generating revenue for the restaurant
through the attraction of additional patrons.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The proposed project will be in compliance with all
applicable regulations imposed on a restaurant with an
after-hours conditional use permit pursuant to Chapter
41 of the Santa Ana Municipal Code.
Resolution No. 2009-06
Page 2 of 13
31 B-17
v. 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. Policy 2.2 of the Land Use Element encourages
land uses that accommodate the City's need for goods
and services. The extended hours of operation will
provide a dining service to the residents of Santa Ana.
Additionally, the property is located within the General
Commercial general plan land use designation which
permits restaurant uses.
D. Conditional Use Permit No. 2009-04 has been filed with the City of Santa
Ana seeking to allow a restaurant to operate adrive-through window
service within the Community Commercial (C1) zoning district.
1. Santa Ana Municipal Code Section 41-365.5 allows eating
establishment with adrive-through window service subject to the
issuance of a conditional use permit.
2. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
i. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed drive-through operation will provide an
additional amenity to the restaurant and thereby benefit
the community by providing patrons with an additional
alternative for food service at the eating establishment.
Conditions have been placed on the conditional use
permit which will mitigate any potential impacts created
by the use and ensure that the eating establishment
will not negatively affect the 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 proposed drive-through operation will not be
detrimental to persons residing and working in the
area as the use, as conditioned, will not create any
negative or adverse impacts such as noise or loitering
and will provide a beneficial dining alternative for
Resolution No. 2009-06
Page 3 of 13
31 B-18
motorists. The sites landscaping has been designed
to help screen the drive-through lane through the use
of bermed landscaping on both Fairview Street and
MacArthur Boulevard.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The 0.51 acre site is currently being used as a fast-
food restaurant and drive-through facility. The site plan
further enhances the economic stability of the site by
incorporating additional on-site stacking for drive-
through patrons than what was provided at the existing
facility. This improved site plan will complement the
economic stability of the area by providing greater
opportunities for generating revenue for the restaurant
through the attraction and servicing of additional
patrons.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The proposed project will be in compliance with all
applicable regulations imposed on a restaurant with a
drive-through operations conditional use permit
pursuant to Chapter 41 of the Santa Ana Municipal
Code.
v. 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 proposed restaurant and drive-through
facility will support Policies 1.10 and 2.8 of the Land
Use Element which encourages the rehabilitation of
commercial development along major arterial
roadways and intersections. The drive-through
window will provide an alternative dining service to the
residents of Santa Ana. Additionally, the property is
located within the General Commercial general plan
land use designation which permits restaurant uses.
E. Variance No. 2009-01 has been filed seeking to reduce the side yard
landscaping from the required five (5) feet as required by Section 41-
372(b) of the Santa Ana Municipal Code to one (1) foot.
Resolution No. 2009-06
Page 4 of 13
31 B-19
Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance upon making certain findings.
That because of special circumstances applicable to the
subject property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is
found to deprive the subject property of privileges not
otherwise at variance with the intent and purpose of the
provisions of this chapter.
Special circumstances exist in that this lot's location
along two major arterial streets and adjacency to two
built-out properties prevents the project from being able
to meet the side yard setback requirements without
resulting in a deficiency in another aspect of the site's
requirements. The proposed plan addresses the intent
of the side yard setback requirements by increasing the
height of the existing wall to six feet and installing
decorative vines.
ii. That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of this variance would allow the property
to be re-developed with a high quality fast-food
restaurant which meets all other applicable
development standards and is a permitted use in the C-
5zoning district.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The proposed restaurant will have no detrimental
impacts on the surrounding properties or neighborhood.
The lot is currently developed with afast-food
restaurant and drive-through facility which will be
demolished and replaced with a similarly scaled
nationally recognized fast-food facility. The project has
been designed and conditioned to mitigate any
potential impacts the new design may have.
iv. That the granting of a variance will not adversely affect the
General Plan of the City.
Resolution No. 2009-06
Page 5 of 13
31 B-20
The proposed use will not adversely affect the General
Plan. The proposed restaurant is permitted by the
General Commercial land use designation and will
support several elements of the General Plan,
including Policies 1.10 and 2.8 of the Land Use
Element, which encourages the rehabilitation of
commercial development along major arterial
roadways and intersections.
F. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15303.
This Class 3 exemption allows for the construction of a restaurant not
exceeding 2,500 square feet in floor area. Categorical Exemption
Environmental Review No. 2008-139 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves for the property located at 3531 South Fairview Street:
1. Conditional Use Permit No. 2009-03, as conditioned in Exhibit "A"
attached hereto and incorporated herein, to allow an eating
establishment to be open between hours of 12:00 a.m. and 5:00
a.m.
2. Conditional Use Permit No. 2009-04, as conditioned in Exhibit "B"
attached hereto and incorporated herein, to allow an eating
establishment with drive-through window service.
3. Variance No. 2009-01, as conditioned in Exhibit "C" attached hereto
and incorporated herein, to allow a reduction in the side yard
landscaping from five (5) feet to one (1) foot .
These decisions are based upon the evidence submitted at the above said
hearing, which includes but is not limited to: the Request for Planning Commission
Action dated March 9, 2009 and exhibits attached thereto; and the public testimony, all
of which are incorporated herein by this reference.
ADOPTED this 9th day of March, 2009 by the following vote:
AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Turner,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2009-06
Page 6 of 13
31B-21
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2009-06 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March 9, 2009.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2009-06
Page 7 of 13
31 B-22
Conditions for Approval for Conditional Use Permit No. 2009-03
Conditional Use Permit No. 2009-03 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
1. The project shall remain in compliance with Site Plan Review (DP No. 08-
46) except that all twenty-four (24) inch box trees shown on the landscape
plan shall be thirty-six (36) inch box trees.
2. Any amendment to these conditional use permits or variance 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. Prior to issuance of a Certificate of Occupancy, signage shall be placed on
the drive-in stalls adjacent to the residential properties requesting reduced
noise levels in the evenings.
4. All speaker boxes shall comply with the City's noise ordinance.
5. Prior to issuance of a Certificate of Occupancy, the block wall adjacent to
the residential properties to the east shall be raised to six feet, except
where the wall encroaches into the front yard setback, where it shall be
not more than four feet.
6. Prior to issuance of a Certificate of Occupancy, a shared access
agreement must be recorded for the reciprocal use of the driveway on
Fairview Street.
7. Speaker boxes for the drive-in stalls shall cease operation between the
hours of 10:00 p.m. and 6:00 a.m.
Resolution No. 2009-06
Page 8 of 13
31 B-23
8. Prior to issuance of a Certificate of Occupancy, bermed landscaping shall
be provided in the landscape setbacks along Fairview Street and
MacArthur Boulevard.
9. Prior to issuance of a Certificate of Occupancy, decorative vines shall be
added to the block wall along the eastern property line at eight-foot
intervals.
B. Police Department
1. The applicant shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
2. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
3. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage. Windows shall be kept
clear of any advertising materials between three and six feet in height.
4. 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.
5. Atimed-access cash controller or a money drop safe capable of easily
providing the cashier the ability to quickly deposit money into it must be
installed.
6. Install a silent armed robbery alarm.
7. There shall be no coin-operated games maintained on the premises at any
time.
8. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
9. 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.
10. "No Loitering/Trespass" signs/placards shall be posted in the parking lot.
The posted signs must conform to Penal Code Section 602.
Resolution No. 2009-06
Page 9 of 13
31 B-24
Conditions for Approval for Conditional Use Permit No. 2009-04
Conditional Use Permit No. 2009-04 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
1. The project shall remain in compliance with Site Plan Review (DP No. 08-
46).
2. Any amendment to these conditional use permits or variance 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. Prior to issuance of a Certificate of Occupancy, signage shall be placed on
the drive-in stalls adjacent to the residential properties requesting reduced
noise levels in the evenings.
4. All speaker boxes shall comply with the City's noise ordinance.
5. Prior to issuance of a Certificate of Occupancy, the block wall adjacent to
the residential properties to the east shall be raised to six feet, except
where the wall encroaches into the front yard setback, where it shall be
not more than four feet.
6. Prior to issuance of a Certificate of Occupancy, a shared access
agreement must be recorded for the reciprocal use of the driveway on
Fairview Street.
7. Speaker boxes for the drive-in stalls shall cease operation between the
hours of 10:00 p.m. and 6:00 a.m.
8. Prior to issuance of a Certificate of Occupancy, bermed landscaping shall
be provided in the landscape setbacks along Fairview Street and
MacArthur Boulevard.
Resolution No. 2009-06
Exhlblt B Page 10 of 13
31 B-25
9. Prior to issuance of a Certificate of Occupancy, decorative vines shall be
added to the block wall along the eastern property line at eight-foot
intervals.
B. Police Department
1. The applicant shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
2. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
3. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage. Windows shall be kept
clear of any advertising materials between three and six feet in height.
4. 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.
5. Atimed-access cash controller or a money drop safe capable of easily
providing the cashier the ability to quickly deposit money into it must be
installed.
6. Install a silent armed robbery alarm.
7. There shall be no coin-operated games maintained on the premises at any
time.
8. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
9. 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.
10. "No Loitering/Trespass" signs/placards shall be posted in the parking lot.
The posted signs must conform to Penal Code Section 602.
Resolution No. 2009-06
Page 11 of 13
31 B-26
Conditions for Approval for Variance No. 2009-01
Variance No. 2009-01 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 variance.
The applicant must remain in compliance with all conditions listed below throughout the
life of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Planning Division
1. The project shall remain in compliance with Site Plan Review (DP No. 08-
46).
2. Any amendment to these conditional use permits or variance 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. Prior to issuance of a Certificate of Occupancy, signage shall be placed on
the drive-in stalls adjacent to the residential properties requesting reduced
noise levels in the evenings.
4. All speaker boxes shall comply with the City's noise ordinance.
5. Prior to issuance of a Certificate of Occupancy, the block wall adjacent to
the residential properties to the east shall be raised to six feet, except
where the wall encroaches into the front yard setback, where it shall be
not more than four feet.
6. Prior to issuance of a Certificate of Occupancy, a shared access
agreement must be recorded for the reciprocal use of the driveway on
Fairview Street.
7. Speaker boxes for the drive-in stalls shall cease operation between the
hours of 10:00 p.m. and 6:00 a.m.
Exhibit C
Resolution No. 2009-06
Page 12 of 13
31 B-27
8. Prior to issuance of a Certificate of Occupancy, bermed landscaping shall
be provided in the landscape setbacks along Fairview Street and
MacArthur Boulevard.
9. Prior to issuance of a Certificate of Occupancy, decorative vines shall be
added to the block wall along the eastern property line at eight-foot
intervals.
B. Police Department
1. The applicant shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
2. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
3. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage. Windows shall be kept
clear of any advertising materials between three and six feet in height.
4. 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.
5. Atimed-access cash controller or a money drop safe capable of easily
providing the cashier the ability to quickly deposit money into it must be
installed.
6. Install a silent armed robbery alarm.
7. There shall be no coin-operated games maintained on the premises at any
time.
8. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
9. 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.
10. "No Loitering/Trespass" signs/placards shall be posted in the parking lot.
The posted signs must conform to Penal Code Section 602.
Resolution No. 2009-06
Page 13 of 13
31 B-28