HomeMy WebLinkAbout31B - CUP - 1501 N BRISTOL STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 7, 2017
TITLE:
CONDITIONAL USE PERMIT NO. 2016-48
AND VARIANCE NO. 2016-08 TO ALLOW A
MCDONALD'S RESTAURANT WITH DRIVE -
THROUGH WINDOW SERVICE AT 1501 NORTH
BRISTOL STREET - JESSICA STEINER,
APPLICANT
{STRATEGIC PLAN NO. 3,2)
CQ
_ _ CIT MANAGER
10*oli]iTi1171l4►10=1�7_[�71�[�I�I
CLERK OF COUNCIL USE ONLY:
Il
As Recommended
0
As Amended
M
Ordinance on 1" Reeding
El
Ordinance on 2nd Reading
®
Implementing Resolution
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2016-48 as conditioned
and Variance No. 2016-08 as conditioned.
PLANNING COMMISSION ACTION
At its regular meeting on January 9, 2017 by a vote of 7:0, the Planning Commission adopted a
resolution approving Conditional Use Permit No. 2016-48 as conditioned to allow drive -through
window service and Variance No. 2016-08 as conditioned for a reduction in the off-street parking
requirement for a new McDonald's Restaurant at 1501 North Bristol Street located in the Bristol
Street Corridor Specific Plan (SP-1) zoning district. The Planning Commission made no changes
to the recommendation outlined in the attached staff report (Exhibit A).
DISCUSSION
Jessica Steiner, representing McDonald's Corporation, is requesting approval of a conditional use
permit to allow the construction of a new McDonald's Restaurant with drive -through window
service in conjunction with a new 4,000-square-foot restaurant with seating to accommodate 78
patrons at 1501 North Bristol Street. A total of 40 parking spaces are required with 37 spaces to
be provided for this project. In addition, a number of site improvements will be made to the site,
including new drought -tolerant landscaping, signage, trash enclosure and parking lot striping. This
property was identified in the Bristol Street Corridor Specific Plan as a partial -take, which impacted
the site and required the demolition of the existing McDonald's restaurant. Due to the widening
project, the site was reduced in size from 47,039 square feet to 35,989 square feet. Staff is
recommending approval of the project and variance from strict application of the zoning ordinance
due to site size and shape limitations, as well as the availability of public transportation and
31 B-1
CUP No. 2016-48 & VA No. 2016-08 — McDonald's Restaurant at 1501 North Bristol Street
February 7, 2017
Page 2
walkability to the project location. Full-sized site plans are available for public viewing in the Clerk
of the Council Office.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #3 - Economic Development,
Objectives #2 (create new opportunities for business/job growth and encourage private
development through new General Plan and Zoning Ordinance policies).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Hassan Ha¢. ani, AICP
Executive Director
Planning & Building Agency
AN:rb
Ankwp5l\plancomm2\CUP1648.MCDonald's.cc
Exhibit: A. Planning Commission Staff Report
31 B-2
Conditional Use Permit No. 2016-48
Variance No. 2016-06
January 9, 2017
Page 2.
ItemInformation
Use Permissions
2orfl g Code Sections Affected
Saaff Report Exh366t8.`
Restaurant allowed by right, with drive-through service allowed with a
GU�_---
conditional use Orrnr41-'4'9.4.6(e)
Use Eating establishment with drive
hrou h windpw service with a CUP
Development 41-1341 (parking requirement for restauraril
Standards 1411305 (dual use of loading zone)
1 {sectional District %lap), 2 (Aerial Irrrage) 3 (Site Photo) 4 (Site
Plan), 5 (Floor Plan), 6 (Elevations and Colored Rendering), and 7
t
'iandsca e Pian ,_
Froiect peserigton
McDonald's Is requesting approval of a conditional use permit to allow drive-through window service in
conjunction with a new 4,000 -square -font restaurant with seating to accommodate 78 patrons. A total
of 40 parking spaces are required with 37 spaces to be provided for this project. In addition, a number
of site improvements will be made to the site, Including new drought -tolerant landscaping, signage,
trash enclosure and parking lot striping,
The proposed architectural style Is California Contemporary. A variety of quality building materials,
Including a pre -finished hanger rod metal canopy, aluminum trellis and metal coping will be used.
Clear glass storefronts and anodized aluminum frames will be installed on all windows and doors.
Additionally, a new 200 -square -foot outdoor dining area will be provided as an added amenity, The
proposed hours of operation will be from 6.00 a.m. to 12:047 a.m. seven days a week.
A 15 -foot landscaped setback will be provided along the Bristol Street frontage and a 5-10 foot wide
landscape buffer to be provided along the east property line adjacent to the residences. An eight -foot
high solid block wall that matches the existing sound wall along Bristol Street will be constructed along
the east property line to provide a buffer between the drive-through lane and residences, and minimize
any noise impacting the adjacent residences. Vine pockets will be incorporated into the block wall to
prevent graffiti as required by the City's graffiti mitigation design guidelines. Table 2 provides a
detailed comparison of the project's compliance with the applicable development standards. New
landscaping is proposed throughout the site with drought -tolerant landscaping materials (Exhibits 4, 5
and 6).
Side setback
0 feet _ 5 to 10 feet
Rear setback None, but 20 feet for any portion of Parking adjacent to r
the building above 15 feet in feet 6 inches
_�J height Bu11 inn 39 feet
31 B-4
Conditional Use Permit No. 2016-48
Variance No. 2016-08
,January 9, 2017
Page 3
Standard _._
Building bei he c� t
Parking
Required by �Atvl
_
40 spaces
Provided
23 feet 4 inches
37 specs`
Provided within front, side setback
Landscaping
Within front, side setback and
parking areas...and'
arking areas
signage
None required
Signage shall conform to the sign
standards in SAMG Sec. 41-800
wrldnC4 requested
. ■=• ■' ■ Frarg 1M OMM..■..
A 2,680 -square -foot McDonald's restaurant with drive-through window service was constructed in
1968 at this location and has been in operation since that time. This project site was identified in the
Bristol Street Corridor Specific Plan as a partial -take for the Bristol Street Widening project in 2013.
As part of the widening project, the existing McDonald's restaurant will need to be demolished. The
project site will be reduced from 47,039 square feet to 36;989 square feet in size after dedication.
Project Analysis
Conditional Use Permit
Staff has reviewed the applicant's request to construct a new McDonald's Restaurant with drive-
through window service at this location. In analyzing the conditional use permit request, staff
believes that the following analysis warrants staff's recommendation of approval for the conditional
use permit.
The proposed McDonald's Restaurant with drive-through window service meets all of the requirements
specified In the SP1 zoning district relating to the proposed use. The proposed project will be in
compliance with the following applicable development standards, Including landscaping, setbacks and
signage. Appropriate conditions of approval have been included for this project that will ensure it
remains in compliance with the provisions of the zoning district. A condition requiring the applicant to
provide the required four bicycle spaces on site was added, A variance for the number of parking
spaces and provision of a dedicated loading space has been filed concurrent with this conditional use
permit.
The proposed McDonald's Restaurant with drive-through window service will support several goals and
policies of the General Plan, including Land Use Element Goal 1, which promotes the balance of land
uses to address basic community needs; Goal 2, which promotes land uses that enhance the
economic viability of the City, and, Goal 3, which aims to allow uses that preserve and improve the
character and integrity of neighborhoods, including bath the adjacent cornrnerdal and residential
neighborhoods. The project will promote a balance of land uses to address basic community needs
and that enhance the economic viability of the City and will provide a use that will assist in diversifying
31 B-5
Conditional Use Permit No. 2016-48
Variance No. 2016-08
January 9, 2017
Parte 4
the range of services available to adjacent communities. Land Use Element Policy 2.8 promotes the
rehabilitation of commercial properties and encourages increased levels of capital Investment. This
project will promote 'the re -Investment of a commercial property and encourage increased levels of
capital Investment through the construction of a new restaurant on this site. Further, Land Use
Element Policy 6,5 encourages development which is compatible with and supportive of surrounding
land uses, The proposed project will assist in providing a variety of dining services to those working
and going to school in the Immediate area and will provide employment opportunities to residents that
live in the surrounding community.
EALkLnq Variance
The applicant is requesting approval of a variance from Sections 41-1306 and 41-1341 of the Santa
Ana Municipal Code (SAMC) to allow a reduction in parking and modification to loading for the
proposed McDonald's. Per Section 41-1306, one dedicated loading space is required per 10,000
square feet of gross floor area. Per Section 41-1341, one parking space Is required for each 100
square feet of gross floor area. As proposed, a total of 40 parking spaces are required, while 37
spaces are provided (Table 3).
"Table 3
Parking requirement
Off-street parking � 37 provided"
40 spaces required
rich aui4Clpp�u 2 provided
2 required
Loading *Loading limited to
1 dedicated space required hours in dealpnate
Bicycle parking Project conditioner
The proposed restaurant does not comply with the City's off-street parking requirements. A total of 37
parking spaces are proposed on-site representing a three parking space (7.6 percent) deficiency. In
addition, the applicant is requesting modification to the loading '.requirement. instead of providing a
dedicated' loading space, loading will be provided during non -peak hours from the vehicle parking area.
Section 41-632(2) of the SAMC gives the City the ability to allow a parking reduction and loading space
requirement through the variance process, Variance may be granted when it can be shown that a
special circumstance exists as it relates to the property, such as size, shape, topography, location or
surroundings; that the variance will not be detrimental to the public or surrounding property, and that
the variance will not adversely affect the General Plan. if these findings can be Made, then it is
appropriate to grant the variance, Conversely, the inability to make these findings would result in a
denial,
MEW
Conditional Use Permit No, 2016-48
Variance foto. 2616-68
January 9, 2017
Page 5
Using this information staff has prepared the following analysis, which forms the basis for the
recommendation contained in this report. In analyzing the parking variance request, staff believes that
the following findings of fact warrant approval of the parking variance.
There are special circumstances applicable to the subject property. The subject site is located on the
east side of Bristol Street between Seventeenth Street and Washington Avenue. The project site
was identified as part of Bristol Widening project. As a result, the project site will be reduced from
47,039 square feat to 35,989 square feet in size after dedication. There is no feasible option for
providing additional parking and loading spaces required due to the reduced lot size and width. The
variance will allow the applicant the ability to use the property in a manner that is consistent with
similar surrounding commercial uses. The Bristol Street Corridor Specific plan was envisioned to
create a strong and viable commercial district with systematic development and landscaping
standards. The granting of the variance for parking and loading will preserve the property owner's
ability to re -build a new McDonald's restaurant that meets the current industry and development
standards as well as the City's and State's Building and Fire codes. The existing McDonald's
restaurant has been an established business in the City since 1968. The granting of the variance will
contribute the overall success of the Bristol Street Corridor as a major commercial corridor in the City
as a whole.
The granting of the variance will not be materially detrimental to the public welfare or injurious to the
surrounding property. The site will have sufficient parking to accommodate their patrons, and loading
can be accommodated in vehicle parking areas during non -peak hours. The proposed McDonald's
restaurant is located within close proximity to public transportation and Santa Ana Community
College. It is anticipated a number of their patrons will utilize public transportation and the pedestrian
path along Bristol Street, Therefore, the reduction in parking and loading will not be detrimental to the
surrounding community as it will not result in parking impact to the adjacent commercial or residential
neighborhoods. Conditions have been placed to ensure that the site be in compliance with all other
development standards applicable to the property,
Additionally, the granting of the variance will not adversely affect the General Pian of the City as the
proposed restaurant use is consistent with Goals 1 and 2 of the Land Use Element of the General
Plan. These goals encourage uses such as restaurants that promote a balance of land uses to
address basic community needs and which enhance the City's fiscal viability. In addition, the project
is consistent with Policy 22 of the Land Use Element, which supports commercial uses that
accommodate the City's needs for goods and services. f=urthermore, Policy 2.8 of the Land Use
Element promotes the reinvestment of commercial properties, and encourages increased levels of
capital Investment. Significant site improvements and the construction of a brand new 4,000 -square -
foot restaurant will occur an the site that wall enhance the overall appearance of the Bristol Street
Corridor, thereby resulting in an increase in investment on the site and surrounding properties.
Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and
supporting of surrounding land uses. The proposed restaurant use will be located fn a commercial
area and their operations will be compatible with the surrounding commercial busincosses.
31 B-7
Conditional Use Permit No. 2016-48
Variance No. 2016-08
January 9, 2017
Page 6
Table 4
CEQA Strategic Pian Alignment, Public NotificationlCommunity Outreach
CEQA, Strategic Plan Alignment, Public NotificationlCommunity Outreacll
CEQA
C€QA T e
Class 3 (Section 153{13)
Document Type
Categorical Exemption (Ei� No. 2015-691
Reascin(s) Exempt or
Analysis
Class 3 exemptions apply to small construction projects or buildings in urban areas
up to 10,0100 feet in size not involving the use of significant amount of hazardous
substance where all necessary public services and facilities are available. The
subject project contains a 4,000 -square foot building in an urbanized area. The
site is not Sensitive habitat and is not wetlands.
_project
StrateclicPlanAlignment
Goal(s), Policy or
Policies
5, 3 (Support reinvestment in distressed areas)
Public Notification & Community Outreach
Required Measures
Sito kesting on 1212.912016
Notificaiionby maid on 12f2912016
Newspaper postng oto 1�134i(2Q'E6-__
Addtional Measures
Staff contact with Washingion §quare Neighborhood Association
Nei � Assoclataon Meetln on 1115/2015 and 11 /W2016
Based on the analysis provided within this report, staff recommends that the Planning Cornmisslon
approve Conditional Use Pemilt No, 2016-48 as conditioned and Variance No. 2016-08 as conditioned.
Ann Hsi -An Ni
Associate Planner
AN:jm
AnP�wp5'RpldtrvxiiiiiZCUPI&-46.McDonald's.pc
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Land Use Map
Exhibit 3— Sita Photo
Exhibit 4 —8 ite Plan
Exhibit a -- Floor Plan
Exhibit 6 -- Building Elevations and Colored renderings
Exhibit 7—Landscape Plan
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Pw40ffic Box 44.15
Santa Ana CA 927021
December 29, 2016
TO: Mayor, City Council and Santa Ana Planning Commission,
RE: McDonaids on Bristol across from Santa Ana College.
Dear Mayor, Council Members, and Commissioners.
The Washington Square Neighborhood Association would like to extend our support for the rebuilding
of the McDonalds Restaurant located !it the 1400 block of North Bristol due to the Bristol Street
widening, We formed an ad hoc committee of residents within the neighborhood, as well as a couple
who reside directly behind the restaurant on North Louise St. We were in attendance at three meetings
held with the restaurant owner, architect, and Santa Ana Building officials, There were several Issues
the neighborhood wanted to address and we're happy to say our concerns were met and we are
confident the issues have been mitigated to the best of all the parties involved. Therefore, we want to
extend our thanks to the owner and support for the relocation and construction of McDonalds on N.
Bristol St.
Sincerely,
Torn Lutz, January Smith, Ray Poppa and Susan Van der Roast.
Washington Square Neighborhood Association
31 B-17
LS 1.9.17
RESOLUTION NO. 2017-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.
2016-48 AS CONDITIONED TO ALLOW A DRIVE-THROUGH, AND
VARIANCE NO. 2016-08 AS CONDITIONED TO ALLOW
REDUCTIONS IN THE OFF-STREET PARKING AND LOADING
REQUIREMENTS FOR THE PROPERTY LOCATED 1501 NORTH
BRISTOL STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. Conditional Use Permit - 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. 2016-48 to allow a
drive-through window service in conjunction with a new McDonald's Restaurant in
the Bristol Street Corridor Specific Plan (SP1) zoning district at the property located
at 1501 North Bristol Street.
B. Santa Ana Municipal Code Section 41-472.5(g) requires approval of a conditional
use permit to allow eating establishments with drive-through window service in the
Bristol Street Corridor Specific Plan (SP1) zoning district.
C. On January 9, 2017, the Planning Commission held a duly noticed public hearing
on Conditional Use Permit No. 2016-48.
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 41-424.5(e), have been
established for Conditional Use Permit No. 2016-48 to warrant approval of the
conditional use permit to allow a drive-through:
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 eating establishment with drive-through window service will
provide a service to the community. The proposed eating establishment with
drive-through window service is a use that is supportive to the primary
commercial and residential uses in the area. The use will provide dining
opportunities to those working in the immediate area and will provide
employment opportunities to residents that live in the City. The drive-through
window service will provide a convenient option for patrons purchasing
meals at the restaurant.
Resolution No. 2017-02
Page 1 of 9
31 B-18
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.
The proposed eating establishment with drive-through window service will
not be detrimental to persons residing or working in the vicinity because the
eating establishment with drive-through window service has been designed
to minimize potential impacts to vehicles travelling along Bristol Street as the
internal stacking area has been designed to exceed the minimum standards
required by code. Further, conditions of approval have been incorporated to
minimize potential adverse impacts from occurring on the premises.
3. That the proposed use will not adversely affect the present economic stability or
future economic development of properties surrounding the area.
The proposed eating establishment with drive-through window service will
not adversely affect the economic stability of the area but will make a
positive contribution to the surrounding area. The project will provide a well
maintained and operated service to the community and will complement and
improve the economic viability of the area as the proposed eating
establishment with drive-through window service would include
improvements to the property and streetscape including new landscaping
and architectural enhancements. The use of the site as an eating
establishment with drive-through window service in conjunction with the
improvements that will be made to the site will improve the economic viability
of the area.
4. That the proposed use will comply with the regulations and conditions specified in
Chapter 41 for such use.
The proposed eating establishment with drive-through window service will be
in compliance with all applicable regulations and provisions of Chapter 41 of
the Santa Ana Municipal Code and all other provisions that are applicable to
an eating establishment with drive-through window service. Site
improvements are proposed to the drive-through lane, with the exception of
parking, which is subject to a separate application, landscaping and signage,
that will ensure the site is in compliance with the zoning code.
5. That the proposed use will not adversely affect the General Plan or any specific
plan of the City.
The proposed McDonald's Restaurant with drive-through window service will
not adversely affect the General Plan. The proposed McDonald's
Restaurant with drive-through window service will support several goals and
policies of the General Plan, including Land Use Element Goal 1, which
promotes the balance of land uses to address basic community needs; Goal
2, which promotes land uses that enhance the economic viability of the City;
Resolution No. 2017-02
Page 2 of 9
31 B-19
and, Goal 3, which aims to allow uses that preserve and improve the
character and integrity of neighborhoods, including both the adjacent
commercial and residential neighborhoods. The project will promote a
balance of land uses to address basic community needs and that enhance
the economic viability of the City, will provide a use that will assist in
diversifying the range of services available to adjacent communities. Land
Use Element Policy 2.8 promotes the rehabilitation of commercial properties
and encourages increase levels of capital investment. This will promote the
re -investment of a commercial property and encourage increased levels of
capital investment through the construction of a new restaurant for this site.
Further, Land Use Element Policy 5.5 encourages development which is
compatible with and supportive of surrounding land uses. The proposed
project will assist in addressing the needs of dining services to those working
in the immediate area and will provide employment opportunities to residents
that live in the surrounding community.
Section 2. Variance - The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Variance No. 2016-08 to allow a reduction in the
off-street parking requirements in order to construct a 4,000 square foot restaurant
with drive-through window service at the property located at 1501 North Bristol Street.
B. Santa Ana Municipal Code Section 41-632.2 requires approval of a variance to
allow a reduction in the off-street parking requirements in order to construct a 4,000
square foot restaurant with drive-through window service in the Bristol Street
Corridor Specific Plan (SP1) zoning district.
C. The applicant is requesting approval of a variance from Section 41-1305 and 41-1341
of the Santa Ana Municipal Code to allow a reduction in parking and modification in
loading for the proposed restaurant with drive-through window service. Pursuant to
Section 41-1341, ten (10) parking spaces are required for each 1,000 square feet of
gross floor area. As proposed, a total of 40 parking spaces are required, while 37
spaces are provided. In addition, the applicant is requesting modification to the
loading requirement. Instead of providing a dedicated loading space, loading will be
permitted during non -peak hours from the vehicle parking area.
D. On January 9, 2017, the Planning Commission held a duly noticed public hearing
on Variance No. 2016-08.
E. The Planning Commission determines that the following findings, which must be
established in order to grant this variance to Santa Ana Municipal Code Section 41-
632.2, have been established for Variance No. 2016-08 to allow the reduction in off-
street parking and loading requirement:
Resolution No. 2017-02
Page 3 of 9
31 B-20
1. That because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, that 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.
There are special circumstances applicable to the subject property. The
subject site is located on the east side of Bristol Street between Seventeenth
Street and Washington Avenue. The project site was identified as part of
Bristol Widening project. As a result, the project site will be reduced from
47,039 square feet to 35,989 square feet in size after dedication. There is no
feasible option for providing additional parking and loading spaces required
by the Section 41-1305 and 41-1341 of the Santa Ana Municipal Code due
to the reduced lot size and width. The variance will allow the applicant the
ability to use the property in a manner that is consistent with similar
surrounding commercial uses. The Bristol Street Corridor Specific Plan was
envisioned to create a strong and viable commercial district with systematic
development and landscaping standards.
2. That the granting of a variance is necessary for the preservation and enjoyment of
one or more substantial property rights.
The granting of the variance is necessary for the preservation and enjoyment
of property rights. The granting of the parking variance will preserve the
property owner's ability to re -build a new McDonald's restaurant that meets
the current industry and development standards as well as the City and State
Building and Fire codes at this location. The existing McDonald's restaurant
has been an established business in the City since 1968. The granting of the
variance will contribute to the overall success of the Bristol Street Corridor as
a major commercial corridor in the City as a whole.
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
welfare or injurious to surrounding property. The site will have sufficient
parking and loading to accommodate their patrons and their loading and
unloading needs. Further, the proposed McDonald's restaurant is located
within close proximity to public transportation and Santa Ana Community
College. It is anticipated that a number of its patrons will utilize public
transportation and the pedestrian path along Bristol Street. Therefore, the
reduction in parking will not be detrimental to the surrounding community as it
will not result in parking impacts to the adjacent commercial or residential
neighborhoods. Conditions have been placed to ensure that the site be in
compliance with all other development standards applicable to the property.
Resolution No. 2017-02
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31 B-21
4. That the granting of a variance will not adversely affect the General Plan of the
City.
The granting of the variance will not adversely affect the General Plan of the
City as the proposed restaurant use is consistent with Goals 1 and 2 of the
Land Use Element of the General Plan. These goals encourage uses such as
restaurants that promotes a balance of land uses to address basic community
needs and which enhance the City's fiscal viability. In addition, the project is
consistent with Policy 2.2 of the Land Use Element, which supports
commercial uses that accommodate the City's needs for goods and services.
Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation
of commercial properties, and encourages increased levels of capital
investment. Significant site improvements and the construction of a brand-
new 4,000 square foot restaurant will occur on the site that will enhance the
overall appearance of the Bristol Street Corridor, thereby resulting in an
increase in investment on the site. Finally, Policy 5.5 of the Land Use Element
encourages development that is compatible with and supporting of
surrounding land uses. The proposed restaurant will be located in a
commercial area and its operations will be compatible with the surrounding
commercial businesses.
F. The proposed project meets provisions of the zoning code (SAMC Chapter 41)
including lot size, lot frontage, landscaping, setbacks and lot coverage with the
exception of parking. In addition, the proposed restaurant with drive-through will
allow an existing business to stay and grow at the current location as well as
provide additional dining opportunities for residents of Santa Ana. Further, the
project is consistent with the goals and objectives of the General Plan, including
Goal 1, which encourages a balance of land uses that address basic community
needs, and Goal 2, which encourages land uses that enhance the City's economic
and fiscal viability.
Section 3. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15303. This Class 3 exemption
allows small construction projects or buildings in urban areas up to 10,000 square feet in size, not
involving the use of significant amount of hazardous substance where all necessary public
services and facilities are available. Categorical Exemption Environmental Review No. 2015-69
will be filed for this project.
1. There will not be a significant cumulative effect by this project and
successive projects of the same type in the same place, over time.
2. There is not a reasonable possibility that the project will have a significant
effect on the environment due to unusual circumstances.
3. This project does not damage a scenic resource within an officially
designated state scenic highway.
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4. This project is not located on a site included on any list compiled pursuant to
Government Code Section 65962.5.
5. This project does not cause a substantial adverse change in the significance
of a historical resource.
Section 4. 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 sole negligence of the City of Santa Ana.
Section 5. The Planning Commission of the City of Santa Ana after conducting the public
hearing hereby approves Conditional Use Permit No. 2016-48 as conditioned in Exhibit A, attached
hereto and incorporated herein, and Variance No. 2016-08 as conditioned in Exhibit B, attached
hereto and incorporated herein, for the project located at 1501 North Bristol Street. 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 January 9th, 2017 and exhibits attached
thereto; and, the public testimony, written and oral, all of which are incorporated herein by this
reference.
ADOPTED this 91h day of January, 2017
AYES: Commissioners: Alderete, Bacerra,
Nguyen, Verino (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Contreras -Leo, McLoughlin, Mendoza,
Lynnette Verino
Chairperson
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2017-02 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on January 9, 2017.
Date:
Acting Recording Secretary
City of Santa Ana
31 B-24
Resolution No. 2017-02
Page 7 of 9
EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2016-48
Conditional Use Permit No. 2016-48 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 the Site Plan Review approval of
DP No. 2015-29 and the staff report exhibits.
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. Prior to approval of Certificate of Occupancy, all on-site improvements shall be
made in accordance with the submitted plans.
4. Landscaping shall be maintained in compliance with the submitted plan. Any
modifications to this plan shall be submitted to the Planning Division for review and
are subject to the approval of the Planning Manager.
5. The applicant or responsible party shall submit the plan(s) listed below to the
Orange County Fire Authority for review. Approval shall be obtained on each
plan prior to issuance of a building permit:
a. Fire master plan (service code PR145)
b. Architectural (service code PR248)
6. The applicant or responsible party shall submit the plan(s) listed below to the
Orange County Fire Authority for review. Approval shall be obtained on each
plan prior to concealing interior construction: Hood and duct extinguishing system
(service code PR335).
7. Prior to approval of Certificate of Occupancy, four short term bicycle parking
spaces required by SAMC Section 41-1307.1 shall be installed.
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EXHIBIT B
Conditions of Approval for Variance No. 2016-08
Variance No. 2016-08 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 approval.
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.
B. Planning Division
1. All proposed site improvements must conform to the Site Plan Review approval of
DP No. 2015-29 and the staff report exhibits.
2. Any amendment to this variance must be submitted to the Planning Division for
review. At that time, staff will determine if administrative relief is available or the
variance must be amended.
3. Prior to approval of Certificate of Occupancy, all on-site improvements shall be
made in accordance with the submitted plans.
4. Landscaping shall be maintained in compliance with the submitted plan. Any
modifications to this plan shall be submitted to the Planning Division for review and
subject to the approval of the Planning Manager.
5. A total of at least thirty-seven (37) parking spaces and four (4) bicycle parking
spaces shall be maintained on the premises at all times.
6. Loading shall be completed during non -peak hours or in a manner that does not
further reduce required parking.
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