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HomeMy WebLinkAbout2003-28• KOO-7/18/03 RESOLUTION NO. 2003-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-17 AS CONDITIONED TO ALLOW ADRIVE- THROUGH WINDOW SERVICE AND VARIANCE NO. 2003-02 AS CONDITIONED FOR A REDUCTION IN THE ON-SITE PARKING FOR THE PROPERTY LOCATED AT 2701 NORTH 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. The Mitigated Negative Declaration and Monitoring Program, • Environmental Review No. 2002-181, Conditional Use Permit No. 2003-17 and Variance No. 2003-02 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 28, 2003. B. Conditional Use Permit No. 2003-17 has been filed with the City of Santa Ana seeking to allow the construction of a Starbucks with drive-through window service at 2701 North Bristol Street. Pursuant to Santa Ana Municipal Code Section 41-365.5 eating establishments with drive-through window service are permitted uses subject to the issuance of a Conditional Use Permit. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Starbucks with drive-through window service will provide a service to the community by providing an additional restaurant opportunity in the • area. Additionally, the drive-through Pane will provide Resolution No. 2003-28 Page 1 of 5 • an added convenience to customers using the coffee house. 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 Starbucks coffee house will not be detrimental to persons residing and working in the area as the on-site vehicular circulation system is designed to avoid conflicts on-and off-site. A combination of berms and hedges will be provided in the front yard setback area along the Bristol Street frontage to screen the drive-through aisle and reduce glare. The on-site circulation will allow additional stacking within the site thereby avoiding impacts to Memory Lane and the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? • The proposed project complies with Policy 2.5 of the Land Use Element of the General Plan as it provides the economic benefits of commercial development to the City without impacting the quality of life for surrounding residents. The Starbucks coffee house with drive-through window service will generate City tax revenue and employment in the community. The use provides services that compliment surrounding businesses and, as conditioned, will not adversely affect economic development or stability of the area. iv. Will the proposed use comply with the regulations and conditions specified in this chapter for such use. The proposed Starbucks coffee house with drive- through window service will be in compliance with the applicable sections of Chapter 41 of the Municipal Code. The use will also comply with all applicable county and state provisions, including health codes and ADA requirements. v. Will the proposed use adversely affect the General Plan or • any specific plan of the City? Resolution No. 2003-28 Page 2 of 5 • The proposed Starbucks coffee house with drive- through window service is in an area designated General Commercial (GC) in the General Plan. The project complies with the Land Use Element and Urban Design Element of the General Plan and will not negatively affect them. Lastly, the use is consistent with the Community Commercial (C1) zoning district that allows retail and service uses. C. Variance No. 2003-02 has been filed with the City of Santa Ana seeking to allow the reduction of the off-street parking requirement by two parking spaces. 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, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at minor exception with the intent and purpose of the provisions of this Chapter. • There are special circumstances applicable to the subject property. The subject site is located on the northeast corner of Bristol Street and Memory Lane, which is a contained site surrounded by existing commercial and residential developments. The number of parking spaces provided will be sufficient since the site will include adrive-through service for the Starbucks coffee house. The drive-through function will reduce the usage of the required parking stalls. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance is necessary to develop the property with awell-designed commercial development that is consistent with the Community Commercial (C1) zoning district and provides both retail and restaurant uses. Without the reduction in the required parking the project site would not be able to support an economically viable development. • Policy 2.2 of the Land Use Element of the General Plan supports commercial development that Resolution No. 2003-28 Page 3 of 5 • accommodates the City's needs for goods and services. iii. 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 commercial development complies with all development standards set forth in Chapter 41 of the Santa Ana Municipal Code including setbacks and landscaping. Lastly, a reduction of two required parking stalls would be offset by the number of patrons using the drive-through facility of the restaurant. iv. 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 the proposed • development is designed in conformance with the C1 zoning district development standards and General Plan requirements. Policy 2.5 of the Land Use Element of the General Plan states that new development must balance the economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. The reduction in the number of required parking will not negatively affect the surrounding commercial or residential properties. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared • and filed with the County Clerk of the County of Orange in the manner required by law. Resolution No. 2003-28 Page 4 of 5 • Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2003-17 as conditioned in Exhibit "A" attached hereto and incorporated herein and approves Variance No. 2003-02 as conditioned in Exhibit "B" attached hereto and incorporated herein. ADOPTED this 28th day of July, 2003 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Mondo, Sinclair (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Lutz, Nalle (2) ABSTENTIONS: Commissioners: None (0) • ~~ ~~~~ Alexander Nalle Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. O ' Deputy City ttorney ~~ U Resolution No. 2003-28 Page 5 of 5 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2003-28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 28, 2003. Date: nning Co i n Secretary ity of San a. ~~ ~~ • Resolution No. 2003-28 Page 6 of 5 • Conditions for Approval for Conditional Use Permit No. 2003-17 Conditional Use Permit No. 2003-17 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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. 02- 22. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be • amended. 3. A combination of berms and hedges, as shown in the approved landscape plan, need to be provided in the front yard setback area along the Bristol Street frontage to screen the drive-through aisle and reduce glare. MITIGATION MEASURES 4. Prior to the issuance of a grading permit the applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 5. Prior to issuance of a grading permit the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. a. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. • Exhibit "A" Page 1 of 2 • b. Provide two copies of the Water Quality Management Plan that includes a description of all-applicable Structural and Non- structural Best Management Practices, which may apply to this project. 6. Building plans shall reflect that the proposed project is fitted with a grease interceptor to the size and capacity as designated by the Building Safety Division of the City of Santa Ana to mitigate impacts on the local sanitary sewer system and regional water quality. Such grease interceptor shall be regularly maintained so as to remain fully functional. B. Police Department 1. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 2. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 3. Window display and racks must be kept to a maximum height of three feet including merchandise. • 4. All payphones shall be located inside the premises and restricted to outgoing calls only. • Exhibit "A" Page 2 of 2 Conditions for Approval for Variance No. 2003-02 Variance No. 2003-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 02- 22. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief • is available or the variance must be amended. MITIGATION MEASURES 3. Prior to the issuance of a grading permit the applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 4. Prior to issuance of a grading permit the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. a. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. Exhibit "B" Page 1 of 2 • b. Provide two copies of the Water Quality Management Plan that includes a description of all-applicable Structural and Non-Structural Best Management Practices, which may apply to this project. 5. Building plans shall reflect that the proposed project is fitted with a grease interceptor to the size and capacity as designated by the Building Safety Division of the City of Santa Ana to mitigate impacts on the local sanitary sewer system and regional water quality. Such grease interceptor shall be regularly maintained so as to remain fully functional. • Exhibit "B" Page 2 of 2