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HomeMy WebLinkAboutRESO 2017-02_1501 N Bristol St (McDonalds Drivethrough)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 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 'd 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 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 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 Page 4 of 9 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. Resolution No. 2017-02 Page 5 of 9 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, Contreras -Leo, McLoughlin, Mendoza, Nguyen, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) V '" L nette Verino Chairperson Resolution No. 2017-02 Page 6 of 9 J APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:i 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: 11 ql j "7 C�V& � / Acting Recording Secretary City of Santa Ana 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 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 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. Resolution No. 2017-02 Page 8 of 9 lacll:]rW] 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 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 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. Resolution No. 2017-02 Page 9 of 9