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Home My WebLink About2005-26 RESOLUTION NO. 2005-26 KO - 8/24/05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2005-21 AS CONDITIONED TO ALLOW ADRIVE- THROUGH WINDOW AND APPROVING THE MODIFICATION OF VARIANCE NO. 1995-09 FOR THE PROPERTY LOCATED AT 3770 WEST MCFADDEN AVENUE 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 has filed Conditional Use Permit No. 2005-21 seeking to allow a drive-through window service and to modify Variance No. 1995-09 to allow the further reduction of parking spaces for the property located at 3770 West McFadden Avenue. B. Conditional Use Permit No. 2005-21 and the modification of Variance No. 1995-09 came before the Planning Commission of the City of Santa Ana for a public hearing August 8, 2005. C. Santa Ana Municipal Code Section 41.424.5 permits eating establishments with drive-through service with a conditional use permit. Santa Ana Municipal Code Section 41-638 authorizes the City Council 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 the community? The proposed Starbucks drive-through 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 Harbor Boulevard and McFadden Avenue. 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 drive-through window service, in conjunction with the proposed conditions, will not be detrimental to the health, Resolution No. 2005-26 Page 1 of 5 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 help minimize any adverse impacts that the project might generate as the result of its drive-through use. 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. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? 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 Harbor Boulevard and McFadden Avenue. The overall economic stability of the area will be strengthened with additional commercial services in the area. 4. 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. Except for the parking requirements, the proposed project is consistent with the site development standards established in the North Harbor Specific Plan. The proposed project is requesting approval of variance to reduce its required amount of parking. Should the variance be approved, the project will be consistent with the North Harbor Specific Plan. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The drive-through lane for Starbucks is consistent with the General Plan land use designation of General Commercial as support commercial uses, including restaurants, are permitted by right. The project supports General Plan Land Use Policy Number 2.7, which promotes the rehabilitation of Resolution No. 2005-26 Page 2 of 5 commercial properties and encourages increased levels of • capital investment. D. Santa Ana Municipal Code Section 41-638 authorizes the City Council 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, that 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. The Riverview West Marketplace is a contained site surrounded by existing commercial development. The shared parking analysis, prepared by Douglas MacPherson, Traffic Engineer, has determined that sufficient parking will be provided for the project during times of peak demand. The variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. 2. That the granting of a variance is necessary for the preservation • and enjoyment of one or more substantial property rights. The granting of the variance will preserve the owner's ability to provide new development within an underutilized shopping center. The proposed tenants will bring additional revenue and clientele to the existing shopping center and will not create any encumbrances to property rights. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property because the proposed tenant pads are within an existing shopping center that will not generate additional operational impacts to the surrounding areas. A mitigated negative declaration was prepared which incorporated various mitigation measures to ensure that any impacts are reduced to below any level of significance. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the • General Plan of the City since both the drive-though Resolution No. 2005-26 Page 3 of 5 Starbucks and proposed sit-down restaurant are both in • conformance with City development standards for commercial uses and are consistent with the General Commercial (GC) General Plan land use designation. E. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration Environmental Review No. 2004-251 has been prepared for this project. The Negative Declaration was available for public review from July 29, 2005 through August 17, 2005. The mitigation monitoring program is contained as a condition of approval. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves for the property located at 3770 West McFadden Avenue: 1. Conditional Use Permit No. 2005-21 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth and 2. The modification of Variance No. 1995-09 as conditioned in Exhibit B attached hereto and incorporated herein as though fully set forth. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 8th day of August, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: None (0) Glenn Mo`ndo Chairperson Resolution No. 2005-26 Page 4 of 5 APPROVED AS TO FORM: • Joseph W. Fletcher, City Attorney By: ~ ~~~. Kylee O. Otto Assistant City ttorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 8, 2005. Date: O a~ ~ Clerk of the Planning Commissio City of Santa Ana Resolution No. 2005-26 Page 5 of 5 • Conditions for Approval for Conditional Use Permit No. 2005-21 Conditional Use Permit No. 2005-21 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 rip or 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. 04-101. 2. 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. 3. All mitigation measures identified in the Mitigated Negative Declaration Environmental Review No. 2004-251 are incorporated as conditions of approval for this project. 4. The berm and proposed landscaping surrounding the drive-through lane must consist of mature landscaping that will adequately screen the drive-through lane. C~ Exhibit A • Conditions for Modification of Variance No. 1995-09 Modification to Variance No. 1995-09 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 prior 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 TRAFFIC, CIRCULATION AND PARKING Parking reduction may not exceed spaces-} eleven percent (157 parking spaces). (Modified by the Planning Commission on August 8, 2005) • 2 On-site circulation is to be designed to accommodate WB-50 semi- trucks which will be making regular deliveries to this site. 3. Prepare revised Covenants, Conditions and Restrictions (CC&Rs and agreements for parking access, property maintenance, sewage, public utilities and landscaping, reciprocal access easements and agreements, emergency vehicle access, drainage, fire hydrants and sprinkler systems to include the proposed buildings. (Added by the Planning Commission on August 8, 2005) LANDSCAPING 4. Twenty-six 36 inch box trees are to be located at project entry points located along and near public rights-of-way; 5. All parking lot trees are to be a minimum of 24 inch box (in lieu of 15 gallon required by code); fi No less than 40 four foot by four foot tree wells are to be located throughout the parking areas; • Exhibit B Page 1 of 7 7. A palm tree theme (minimum 24 inch box) along pedestrian • walkways and along the main drive aisle in front of Wal*mart and Buildings B through G is to be provided. 8. No less than 70 landscape planters with minimum dimensions of 8 1/2' x 18' are to be provided throughout the parking areas. 9. Submit a revised landscape plan to indicate the location and replacement of all dead or underdeveloped plants, trees, or groundcover within the entire shopping center. (Added by the Planning Commission on August 8, 2005) 10. A landscape treatment shall be provided along the southerly wall abutting single family dwellings and submitted to the city for review and approval. (Added by the Planning Commission on August 8, 2005) PARKING AREAS 11. Cart corrals are to be provided and designed architecturally similar in materials, color and design to the buildings on the site. (Pipe rail equipment is not acxeptable.) • 12. All parking areas along the property perimeter with vehicles facing Harbor Boulevard and McFadden Avenue are to have the parking space decreased to 16 feet and the 15 foot landscape setback increased to 17 feet. This includes the following parking areas: south of Building J, east of Building L, between Buildings K and L, north of Wal*mart. SITE DESIGN 13. No doors or exits are permitted on the street side of Buildings J, K and L if there is a 15 foot minimum street setback. Should exits be necessary, each building must be set back an additional five feet allowing for a sidewalk to run parallel to each building for access. 14. There are to be no exposed downspouts, scupper drains, mechanical equipment, electrical equipment, plumbing or conduit on the outside of the building. SIGNAGE 15. The project entry trellis located on the corner is to be maintained free of any advertising or banners. Only the name of the center may be placed • on this structure. Exhibit B Page 2 of 7 • 16. Submit a revised sign program for the shopping center in compliance with Chapter 41 of the Santa Ana Municipal Code. (Added by the Planning Commission on August 8, 2005) MISCELLANEOUS ITEMS 17. A lot line adjustment shall be recorded for the removal of existing lot lines located below any proposed buildings. (Added by the Planning Commission on August 8, 2005) 18. Recyclable materials storage is to be provided on-site at a location to be approved by staff prior to permit isssuanoe. 19. An ATM and postal station are to be provided in the project development. These may be integrated into any part of any building. The location of these facilities is to be resolved with staff prior to permit issuance. 20. No deliveries may occur for tenants other than Wal*mart before 7:00 a.m. or after 9:00 p.m. Monday through Friday; nor before 9:00 a.m. or after 6:00 p.m. on Saturdays, Sundays and federal holidays. Wal*mart truck deliveries shall be targeted to avoid these restricted delivery hours. Trucks arriving within these restricted times must take all measures . necessary to minimize noise to adjacent residences. Under no circumstances shall Wal*mart trucks be parked with motors or refrigeration units in operation along the eastern edge of the Wal*mart building between the restricted hours indicated above. Six months following the opening of the Wal*mart store the Planning Commission shall review the project and may at such time amend this condition to completely prohibit deliveries to Wal*mart during the same hours as apply to other businesses on the site, if the Planning Commission determines that such deliveries cause an unreasonable disturbance to nearby residences. Any such amendment of this condition may be appealed to the City Council. 21. The trash compactor located at the southwest comer at the southeast corner of Wal*mart (south side) shall not be operated between the hours of 7:00 a.m. and 9:00 p.m. every day. 22 The project shall comply with all mitigation measures identified in the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-251. 23. Project shall comply with conditions and requirements of site plan • review DP No. 95-55R and DP No. 04-101. Exhibit B Page 3 of 7 • LOADING ZONES 24. The loading dodos of Buildings A-E are to be fully enclosed so that there is no outdoor unloading activity and the trucks back up to a sealed lock area. 25. A maximum 12 foot high block wall to screen for noise and visual impacts must be constructed at the loading dodos in order to protect the residential uses to the east and south of this property from noise and nuisance activity. Building G, H, and L Architecture 26. Project design is approved for Buildings G, H, and L in concept and are to be refined with staff prior to submittal into plan check. Should no resolution be achieved, these are to be brought back to Planning Commission for final approval. B. Public Works Agency Prior to site plan approval, complete the following: • 1. Revise the site plan to note trash compactor locations proposed for Wal'~mart are not final and shall be revised for the approval of Public Works Agency and Planning and Building Agency prior to approval of the Wal*mart building permit 2. Revise the site plan to note the raised Harbor Boulevard median and pocket and island shall be modified. 3 Revise the site plan to note the traffic signal of Harbor and McFadden will be modified and relocated. 4 Revise the site plan to note new street trees shall be planted on Harbor Boulevard and McFadden Avenue. 5. Revise the site plan to note all utilities shall be relocated to be no closer than 10 feet to any driveway. Prior to issuance of a building permit, complete the following: 1. Pay cash payment of $5,000.00 towards future traffic signal installation at McFadden Avenue and Jackson Street. Exhibit B Page 4 of 7 Prior to release of utilities, complete the following: 1. Dedicate a 25' X 25' comer cut-0fF at the comer of Harbor Boulevard and McFadden Avenue. 2 Dedicate a traffic signal easement at the McFadden Avenue main driveway entrance, as per approved traffic signal plans. 3 Dedicate two bus tum-outs area on McFadden Avenue, as per approved improvement plan. 4 Dedicate wheelchair ramps access at the signalized drive approach on McFadden Avenue, as per approved improvement plan. 5 The dedication deeds and easements must be prepared by the developer's engineer or licensed Land Surveyor and submitted to the Public Works Agency for checking. 6 Harbor Boulevard ~ Modify the existing median island and pocket for south bound left tum into the project site per improvement plan. ~ Construct right tum lane including curb, gutter, pavement and 10' wide sidewalk as per approved improvement plan. c) Construct a 35' radius curb return at the southeast comer of Harbor Boulevard and McFadden Avenue, including sidewalk, and wheelchair ramp per approved improvement plan. d) Relocate and modify traffic signal at intersection of McFadden Avenue and Harbor Boulevard as per approved traffic signal plan. ~ Relocate utility boxes, poles and meters for new right hand turn lane, new 35' curb radius and new drive approaches. ~ Pave Harbor Boulevard to good edge of pavement, per approved improvement plan. ~ Construct northerly drive approach per City Standard #1112, Case 2, (W=35', A=45', X=3') and per approved improvement plan. h) Construct southerly drive approach per City Standard #1112, Case 2 (W=32', A=42', X=3') and per approved improvement plan. Exhibit B Page 5 of 7 • i) Relocate pull box, Southern California Edison vault, all other utility boxes, utility poles and utility meters within 10' from the proposed drive approaches. j) Install pavement striping and signage as per approved channelization plan. k) Install "NO STOPPING ANYTIME" zone. I) Relocate power poles as per approved improvement plan. m) Construct and relocate ornamental street lights as per approved improvement plan. n) Close existing drive approaches with curb, gutter and full width sidewalk. o) Construct street tree wells and plant minimum 24 inch box trees per City Standard #1124 at locations in accordance with approved improvement plans. 7. McFadden Avenue • ~ Construct signalized drive approach (W=56') and 25' curb radii with two wheelchair ramps per approved improvement plan. b) Construct drive approach near garden center per City Standard #1112, Case 2 (Vw32', A=42', X=3') and per approved improvement plan. c) Construct most easterly drive approach per City Standard #1112, Case 2 (W=40', A=50', X=3') and per approved improvement plan. d) Remove existing sidewalk and construct new full width 10' wide sidewalk per approved improvement plan. e) Remove existing curb and gutter and construct new curb and gutter per approved improvement plan. t) Remove existing paving and construct new paving to street centerline per approved improvement plan. g) Construct new landscaped medians per approved improvement plan. Exhibit B Page 6 of 7 h) Install new traffic signal at the main driveway entrance per approved traffic signal plans. i) Install pavement striping and signage as per approved channelization plan. j) Install school crossing signs per approved improvement plan. k) Install "NO STOPPING ANYTIME" zone. 1) Close existing driveways with sidewalk curb and gutter. m) Construct two bus turnouts and 12' X 80' P.C.C. bus pad, as per approved improvement plan. (See Exhibit "A"). n) Construct street tree wells and plant all new minimum 24 inch box trees per City Standard #1124 at locations in accordance with approved improvement plans. r~ ~J o) Furnish ornamental street lighting service as directed by the City Engineer. C. Police Det~artrnent with underground 1. The applicant shall provide/employ two uniformed state licensed security officer for the parking area. The officer shall be on duty anytime there are employees or patrons onsite. The applicant shall provide the officers with a form of transportation that will enable them to access all areas of the site quickly. The security officers employed by the applicant shall first be approved by the Chief of Police, or his designate, before Cert~cate of Occupancy is approved. 2. 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. Exhibit B Page 7 of 7