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RESOLUTION NO. 2005-14
KO - 6/20/05
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SANTA ANA
APPROVING CONDITIONAL USE PERMIT NO.
2005-16 AS CONDITIONED TO ALLOW ADRIVE-
THROUGH WINDOW FOR THE PROPERTY
LOCATED AT 1526 WEST EDINGER 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. Conditional Use Permit No. 2005-16 has been filed with the City of Santa
Ana seeking to allow adrive-through window service for the property
located at 1526 West Edinger Avenue.
B. Conditional Use Permit No. 2005-16 came before the City Council of the
City of Santa Ana for a public hearing June 13, 2005.
C. Santa Ana Municipal Code Section 41.424.5 permits eating
establishments with drive-through service with a conditional use permit.
D. Santa Ana Municipal Code Section 41-638 authorizes the City Council 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 restaurant expansion will provide a safer
integrated play area and additional outdoor seating for the
fast food restaurant customers, thereby contributing to the
long-term success of the facility and providing additional
service to the community.
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 circulation design and layout, which will include
landscaping to screen the drive-through lane, will not create
an adverse impact or be detrimental or injurious to the
overall site or neighborhood.
Resolution No. 2005-14
Page 1 of 3
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The drive-through restaurant and expansion provides a
visual upgrade and new economic activity for this area of
West Edinger Avenue. The economic viability of the fast
food restaurant and the overall development is increased
with the addition of the proposed drive-through window and
removal of an outdoor play area. The overall economic
stability of the area will be strengthened with 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 such facilities.
5. Will the proposed use adversely affect the General Plan or any
• specific plan of the City?
The drive-through lane at the McDonald's restaurant is
consistent with the General Plan land use designation of
General Commercial as support commercial, including
restaurants, are permitted.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The action is exempt from further
review pursuant to Section 15332. This Class 32 exemption allows in-fill
developments on properties of less than five acres that meet applicable
General Plan and zoning regulations. Categorical Exemption
Environmental Review No. 2004-107 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2005-16 as conditioned
in Exhibit A attached hereto and incorporated herein as though fully set forth. This
decision is 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.
Resolution No. 2005-14
Page 2 of 3
ADOPTED this 13th day of June, 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)
Glen~i Mondo
Chair erson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. O o
Assistant ity Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and
certify the attached Resolution No.2005-14 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on June 13, 2005.
Date: -~
Clerk of the Planning Commission
City of Santa Ana
Resolution No. 2005-14
Page 3 of 3
Conditions for Approval for Conditional Use Permit No. 2005-16
Conditional Use Permit No. 2005-16 is approved subject to compliance, to the
reasonable satisfaction of the City Council, 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 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. 04-30.
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.
•
Exhibit A