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Lss 06/04/03
RESOLUTION NO.2003-21
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2003-10 TO ALLOW DRIVE-THROUGH
WINDOW SERVICE IN CONJUNCTION WITH AN
EXPANSION AT 1727 EAST SEVENTEENTH 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. 2003-10 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
June 9, 2003.
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B. The applicant is requesting approval of Conditional Use Permit No. 2003-
10 to allow the existing drive-through window service at 1727 East
Seventeenth Street.
C. 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 the
community?
The proposed restaurant will provide a service to the
community by providing additional dining opportunities in the
area. The drive-through lane will provide an added
convenience to shoppers and diners using the restaurant as
well as potentially reduce the need for on-site parking.
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?
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The proposed drive-through lane will not be detrimental to
persons residing and working in the area as mitigation
Resolution No. 2003-21
Page 1 of 4
measures, such as the use of hedges around the drive-
through lane, have been required in order to reduce the
impacts generated from the site.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The development of the site with a successful, well-known
restaurant operation will enhance the economic viability of
the area as this tenant will identify the site as a stable, viable
location fro businesses to operate and will provide additional
tax revenue to the City.
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, including
Ordinance Nos. NS-1993 and NS-2213. The use will also
comply with all applicable county and State provisions,
• including ADA requirements.
5. Will the proposed use adversely affect the General Plan or any
Specific Plan of the City?
The proposed project will not adversely affect the General
Plan. Restaurants and associated uses such as drive-
through lanes are permitted in the District Center (DC)
designation.
D. In accordance with the California Environmental Quality Act, Mitigated
Negative Declaration and Mitigation Monitoring Program, Environmental
Review No. 2002-288 is approved and adopted.
Section 2. The Planning Commission of the City of Santa Ana hereby, approves
Conditional Use Permit No. 2003-10 as conditioned in Exhibit "A" attached hereto and
incorporated herein.
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Resolution No. 2003-21
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ADOPTED this 9th day of June, 2003 by the following vote:
AYES: Commission members
NOES: Commission members:
ABSTENTION: Commission members:
NOT PRESENT: Commission members
Cribb, De La Torre, Leo, Lutz, Mondo,
Nalle, Sinclair (7)
None (0)
None (0)
None (0)
ALEXANDER NALLE
Chairperson
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APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ~ ~ ~ Grt
Laura SI~` dy
Assista ity Attomey
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, Clerk of the Planning Commission, do hereby attest to and certify
the attached Resolution No. 2003-21 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 9, 2003.
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Date: _ S o~~
CI rk of the Planning Commission
• qty of Santa Ana
Resolution No. 2003-21
Page 3 of 4
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EXHIBIT A
Conditions for Approval for Conditional Use Permit No 2003-10
Conditional Use Permit No. 2003-10 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 rior 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
All proposed site improvements, including all landscaping, must conform to
the Site Plan Review approval of DP No. 02-59.
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2. All mitigation measures identified in the Mitigated Negative Declaration (ER
No. 2002-228) are incorporated as conditions of approval for this project.
3. Remove the news racks from the front setback area and relocate to an area
that is approved by the Planning Division.
B. Police Department
1. The noise generated form the speaker for the drive-through window
operation may not exceed the levels specified in Santa Ana Municipal Code
Section 18-312.
2. Remove the exterior pay telephones.
3. The existing building and parking lot must conform to the provisions of the
Building Security Ordinance. This requires the lighting, door/window locking
devices and addressing be upgraded to current code. Lighting standards
cannot be located in required landscape planters.
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Resolution No. 2003-21
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