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HomeMy WebLinkAbout111212_2011-17_100SGrandROH - 12/12/11 • RESOLUTION NO. 2011-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011-24 AS CONDITIONED TO ALLOW DRIVE THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 1100 SOUTH GRAND 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 is requesting approval of Conditional Use Permit No. 2011-24 to operate a drive through window service in conjunction with a new McDonald's Restaurant on the property located at 1100 South Grand Avenue. B. Santa Ana Municipal Code section 41-472.5(g) requires a conditional use permit for drive through window service. • C. On December 12, 2011, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2011-24. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established: 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 project will provide a service or facility which will contribute to the community. The proposed McDonald's Restaurant is a use that is supportive to the primary industrial uses in the area. The use will provide dining opportunities to those working in the immediate area and will provide needed employment opportunities for residents that live in the City. The drive through window service will provide a convenient option for patrons purchasing meals at the restaurant. 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? Resolution 2011-17 Page 1 of 6 • The proposed drive through window service will not be detrimental to persons residing or working in the area. The drive through window service has been designed to minimize potential impacts to vehicles travelling along both McFadden and Grand Avenues as the internal stacking area adjacent to the streets has been increased. Further, the site has been designed to minimize potential light and glare impacts from the drive through lane. Finally, conditions of approval have been incorporated to minimize potential adverse impacts from occurring on the premises. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. Portions of the site are either currently vacant or occupied by a use that is only open three days a week. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions • specified in Chapter 41 for such use? The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed that will bring the site into compliance with the Zoning Code. For example, landscaped setbacks and on-site landscaping will be provided that comply with current standards. In addition, new signage, trash facilities and pedestrian pathways will be provided to bring the site into compliance with code. Finally, on-site improvements will be made that will ensure the facility complies with local, regional and federal water quality standards. 0 5. 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 as drive through windows are ancillary to the primary use. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. The project, as Resolution No. 2011-17 Page 2 of 6 • proposed, will be consistent with each of these General Plan Land Use Element goals. 0 n lJ E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can be served by existing utilities. Categorical Exemption Environmental Review No. 2009-172 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. 2011-24 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated December 12, 2011 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 121h day of December, 2011 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Turner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Nalle (1) APPROVED AS TO FORM: Joseph A. Atraka, Interim City Attorney By Ry As unairman Resolution No. 2011-17 Page 3 of 6 0 10 E CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2011-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 12, 2011. Date: / GUS yu�rrl Secretary of the Plann mfission City of Santa Ana Resolution No. 2011-17 Page 4 of 6 • Conditions for Approval of Conditional Use Permit No. 2011-24 Conditional Use Permit No. 2011-24 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed belowrip 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2009-62. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. • 3. The required lot merger shall be completed and be recorded prior to the issuance of any building permit. 0 4. A final landscaping plan, including a detailed irrigation plan, shall be submitted to staff for review and approval when plans are submitted to building plan check. The landscape plan needs to identify the fencing and landscape treatments that will be provided on the portion of the parcel that will not be used for this project. B. Police Department 1. Prior to submitting into building plan check, submit plans that indicate that all structures and parking lots comply with the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on your submitted set of plans. See the commercial supplement for additional information. Discretionary action conditions (if applicable) must be printed on your set of plans. 2. Prior to submitting into building plan check, submit a full set of electrical plans to the Police Department to verify exterior door lighting placement and parking lot illumination levels. Resolution No. 2011-17 Page 5 of 6 • DECEMBER 12, 2011 PAGE 2 OF 2 C1 J 40 3. Prior to obtaining an electrical permit, submit photometric foot-candle calculations of all parking lots and walkways for review and approval. Photometric calculations must be superimposed on a scaled site plan of the project. Resolution No. 2011-17 Page 6 of 6