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HomeMy WebLinkAbout20121008_2012-11_3825WFirst St• RESOLUTION NO. 2012-11 ROH - 10/08/12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-22 AS CONDITIONED TO ALLOW A RESTAURANT AND DRIVE-THROUGH LANE IN THE NORTH HARBOR SPECIFIC PLAN (SP-2) AND VARIANCE NO. 2012-08 AS CONDITIONED TO ALLOW A REDUCTION IN THE VEHICLE STACKING LANE FOR THE DRIVE-THROUGH FOR THE PROPERTY LOCATED AT 3825 WEST FIRST 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 applicant is requesting approval of Conditional Use Permit No. 2012- 22 to allow a restaurant and drive-through lane in the North Harbor Specific Plan (SP-2) zoning district and Variance No. 2012-08 to allow a reduction in the vehicle stacking lane for the drive-through for the property located at 3825 West First Street. B. Conditional Use Permit No. 2012-22 and Variance No. 2012-08 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 8, 2012. C. The North Harbor Specific Plan (SP-2) section 3.5.2(1) requires a conditional use permit for any drive-through facility located in the general commercial zone of the North Harbor Specific Plan (SP-2). D. Santa Ana Municipal Code Section 41-638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will 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 commercial eating establishment will provide additional dining options and social gathering opportunities to residents and visitors of the City. This restaurant achieves the goals of the North Harbor Specific Plan adopted in 1994, in response to the community's interest to encourage additional sit down restaurants to serve the area. The project will also involve Resolution No. 2012-11 Page 1 of 6 • the addition of trees for existing planters, new drought tolerant plant material, bike racks, and exterior architectural enhancements. The new restaurant building and related site improvements and landscaping will not only enhance this property, but contribute to the character and aesthetics of the adjacent business community and neighborhood. 2. That the proposed use will 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 restaurant and drive-through lane will not be detrimental to persons residing or working in the area, as the project is located within an area of the City that is predominantly commercial in nature. Improvements made to the site will bring the site into compliance with applicable disability act standards. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding businesses. 3. That the proposed use will 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. The site was previously vacant and is proposed to be occupied by a use that is consistent with the zoning for the property. 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. Further, the business will provide additional employment opportunities for residents that live in the City. 4. That the proposed use will 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 to the landscape and site layout will bring the site into compliance with the Zoning Code, in conjunction with a requested variance for a reduction in the vehicle stacking requirement for the drive-through lane. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. • The proposed use will not adversely affect the General Plan, but rather support its goals. Goal 1 of the Land Use Element Resolution No. 2012-11 Page 2 of 6 • 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. In addition, the proposed restaurant use is consistent with the concepts and policies of the North Harbor Specific Plan to promote uses that enhance and support the residential uses surrounding Harbor Boulevard, and Goal 5 supports the enhancement of the economic viability of the Harbor Boulevard area. The restaurant will further these policy goals as it will occupy a vacant space within a major commercial center, thereby identifying this center as a viable and successful economic center. E. Santa Ana Municipal Code Section 41-1341 requires each drive-through eating establishment to have vehicular stacking lanes of at least 80 feet from the pick-up window to the order point, and 80 feet from the order point to the end of the drive-through lane. The proposed project only provides 57 feet between the entry point of the drive-through lane and the food order window. F. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning Commission to grant a variance upon making certain findings. • 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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 project site has a special circumstance related to its size, shape and location. The property is located adjacent to First Street on one side, and surrounded by an existing fully developed commercial center to the north, east and west. The subject parcel and the surrounding commercial parcel are integrated with shared parking and common access, they are separate legal parcels. The existing drive-through stacking lane has been expanded, within the existing surrounding physical limitations of the site. The existing building footprint, parking and onsite circulation has limited the feasibility of providing the full vehicle stacking distance required for a drive-through lane. Therefore, special circumstances exist that warrant a variance from vehicle stacking requirements. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. • Resolution No. 2012-11 Page 3 of 6 • The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the restaurant to be improved and reoccupied with a reduction in the drive-through stacking lane will allow the owner the ability to utilize the property with awell-designed commercial use that is consistent with the North Harbor Specific Plan zoning district (SP-2). Shifting the existing building or relocating the menu board or pick-up window to comply with the 80 foot stacking requirement (from the menu board to the end of the drive-through lane) would reduce the feasibility of the proposed commercial endeavor, which impacts the property rights of the owner. 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 or surrounding properties as the building and site have been designed to comply with all applicable development standards. The new restaurant building and related site improvements and landscaping will enhance this property and surrounding area. The ledger stone veneer at main entries and stucco materials, as well as decorative metal awning, faux shutters, and wrought iron features are proposed to enrich the elevation and contribute to the character and aesthetics of the adjacent business community and neighborhood. The addition of trees for existing planters, new drought tolerant plant material, and the addition of bike racks will also enhance the aesthetics of the environment. 4. That the granting of a variance will not adversely affect the General Plan of the City. The proposed use will not adversely affect the General Plan, but rather support its goals. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. The project is in compliance with the North Harbor Specific Plan zoning district and addresses the public interest of having more restaurants to serve their needs. The project site has been upgraded to comply with all applicable development standards. Goal 2 encourages uses that enhance the City's economic and fiscal viability. After being vacant for a year, the project's occupation in the building will benefit the economic viability of the area. Goal 5 ensures that the impacts of development are mitigated. • Resolution No. 2012-11 Page 4 of 6 • G. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301, Class 1 for a project that consists of minor alterations of an existing structure, and Class 15303, Class 3 for a new commercial building less than 10,000 square feet in an urbanized area. Categorical Exemption Environmental Review No. 2012-52 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves for the property located at 3825 West First Street: 1. Conditional Use Permit No. 2012-22(a), as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a restaurant in the North Harbor Specific Plan (SP-2) zoning district. 2. Conditional Use Permit No. 2012-22(b), as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a drive through lane. 3. Variance No. 2012-08, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in the vehicle stacking lane for the drive-through lane. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 8, 2012, and exhibits attached thereto; and the public testimony, all of which • are incorporated herein by this reference. ADOPTED this 8th day of October, 2012 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Turner (1) ABSTENTIONS: Commissioners: None • Resolution No. 2012-11 Pape 5 of 6 u APPROVED AS TO FORM: CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 8, 2012 Date: / ~ ~ ~~ Clerk f the Plannin mmissi f City of Santa Ana Resolution No. 2012-11 Page 6 of 6 Sonia R. Carvalho, City Attorney • EXHIBIT A Conditions for Conditional Use Permit No 2012-22 Conditional Use Permit No. 2012-22 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 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. All proposed site improvements must conform with the Site Plan Review approval of DP No. 2012-23. 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. 3. Covenants, Conditions, and Restrictions (CC&R's) for reciprocal parking and common access with adjacent property are to be maintained in perpetuity. B. Police Department 1. Existing restaurant and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. New lighting standards cannot be located in required landscape planters. 2. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 3. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. • • OCTOBER 8, 2012 PAGE 2 OF 2 4. Window displays and racks must be kept to a maximum height of three feet including merchandise. 5. Atimed-access cash controller or drop safe must be installed. 6. Install a silent armed robbery alarm. • u • EXHIBIT B Conditions for Variance No 2012-08 Variance No. 2012-08 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 California Building Standards Code and all other applicable regulations. The applicant must comply with each and every condition listed below rip or 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 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 2012-23. 2. Any amendment to this variance 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 variance must be amended. 3. Covenants, Conditions, and Restrictions (CC&R's) for reciprocal parking and common access with adjacent property are to be maintained in perpetuity. B. Police Department 1. This 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. 2. Existing restaurant and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. New lighting standards cannot be located in required landscape planters. 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. • • OCTOBER 8, 2012 PAGE2OF2 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise. 6. Atimed-access cash controller or drop safe must be installed. 7. Install a silent armed robbery alarm. • •