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HomeMy WebLinkAboutRESO 2015-37_1330ESeventeenth CUPLS11.2.15 RESOLUTION NO. 2015 -37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -18 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1330 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. Applicant is requesting approval of Conditional Use Permit No. 2015 -18 to allow drive - through window service as part of a new retail and restaurant pad at the property located at 1330 East Seventeenth Street. B. Santa Ana Municipal Code Section 41- 412.5(c) requires approval of a conditional use permit for eating establishments with drive - through window service. C. On November 9, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -18. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2015 -18 to allow for a restaurant with drive - through window service: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed drive - through restaurant and retail pad will contribute to the general well -being of the area by providing a new restaurant with additional landscaping and outdoor amenities available to both pedestrians and vehicles traveling along Seventeenth Street and Grand Avenue. 2. That the proposed use will not, 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 No. 2015 -37 Page 1 of 5 The addition of drive - through window service, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons working in the area. The circulation, design, and layout of the proposed drive - through lane has been designed to minimize any adverse impacts that may be generated as a result of the new drive - through lane. Conditions have been incorporated into the project to help minimize any adverse impacts that the project might generate as the result of its drive - through use. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The new restaurant with drive - through service, in conjunction with upgrades of landscaping and circulation, will provide both a visual upgrade and new economic activity for this area of Seventeenth Street and Grand Avenue. The overall economic stability of the area will be strengthened with additional commercial services in the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed retail pad with 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 drive - through facilities. The drive - through lane will meet the stacking lane requirement of 160 linear feet, as required by code. Except for the parking requirements, the proposed project is consistent with the site development standards established in the Planned Shopping Center (C4) zoning district. The proposed project is requesting approval of variance to reduce its required amount of parking. Should the variance be approved, the project will be consistent with all established development standards. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The drive - through lane for the proposed restaurant use is consistent with the General Plan land use designation of General Commercial as support commercial uses, including restaurants, are permitted by right. The project supports General Plan Land Use Policy Number 2.7, which promotes Resolution No. 2015 -37 Page 2 of 5 the rehabilitation of commercial properties and encourages increased levels of capital investment. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15303. The project is exempt from further review pursuant to Section 15303. The Section 15303 (Class 3) exemption consists of the construction of small structures. The proposal involves the demolition of an existing 9,100 square foot building and construction of two new commercial buildings totaling 9,300 square feet which is under the 10,000 square foot threshold for this exemption. Categorical Exemption Environmental Review No. 2014 -160 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -18 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1330 East Seventeenth Street. In addition, the Planning Commission added a condition to include additional landscape green screens on both buildings to discourage graffiti. 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 November 9, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of November, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Verino (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015 -37 Page 3 of 5 �o Vaerson Gartner APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney L� Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -37 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 9, 2015. Date: u Iq //� Commission Secretary City of Santa Ana Resolution No. 2015 -37 Page 4 of 5 EXHIBIT Conditions of Approval for Conditional Use Permit No. 2015 -18 Conditional Use Permit No. 2015 -18 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 below prior to exercising the rights conferred by this approval. 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 Development Plan Approval of DP No. 2014 -54. 2. The berm and proposed landscaping surrounding the drive - through lane must consist of mature landscaping that will adequately screen the drive - through lane. Resolution No. 2015 -37 Page 5 of 5