HomeMy WebLinkAbout75B - PH - CUP - 2603 S MAIN STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 18, 2017
TITLE:
PUBLIC HEARING - AMENDMENT
APPLICATION NO. 2016-05 AND
CONDITIONAL USE PERMIT NOS. 2016-44
AND 2017-06 TO ALLOW A CAR WASH
FACILITY AND A DRIVE -THROUGH FOR THE
PROJECT LOCATED AT 2603 SOUTH MAIN
STREET - LEON FELUS, APPLICANT
(STRATEGIC PLAN NO. 3,2)
afry MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
Wil-061wo,
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2"tl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt an ordinance approving Amendment Application No. 2016-05.
2. Adopt a resolution approving Conditional Use Permit No. 2016-44 as conditioned.
3. Adopt a resolution approving Conditional Use Permit No. 2017-06 as conditioned.
PLANNING COMMISSION ACTION
At its regular meeting on March 27, 2017, by a vote of 6:0 (Alderete absent), the Planning
Commission recommended that the City Council adopt an ordinance approving Amendment
Application No. 2016-05 to change the zoning from General Commercial (C-2) to Light Industrial
(M-1); adopt a resolution approving Conditional Use Permit No. 2016-44 as conditioned to allow a
carwash facility; and Conditional Use Permit No. 2017-06 as conditioned to allow a drive -through
for a proposed restaurant located at 2603 South Main Street. The Planning Commission made
no changes to the attached staff report (Exhibit A).
DISCUSSION
Leon Felus, representing Gardena Group Holdings LLC, is requesting approval of an amendment
application to rezone property from General Commercial (C-2) to Light Industrial (M-1), and two
separate conditional use permit applications to allow a service gas station with a retail
convenience store, a car wash, and an eating establishment with drive -through service at 2603
South Main Street. Approving the zone change will allow for the General Plan designation and
the new zoning designation to be consistent. The site is approximately 59,906 square feet (1.37-
acres) in size. The central component of the project will be a new 4,064-square-foot building
75B-1
AA No. 2016-05, CUP Nos. 2016-44 & 2016-06 — Car Wash Facility and Drive -Through at 2603
South Main Street
April 18, 2017
Page 2
located to the north east of the site. The building will be occupied by two separate tenant spaces: a
convenience store proposing to utilize 2,000 square feet of the building, and a restaurant occupying
the remaining 2,064 square feet. The service station will also consist of a 3,686-square-foot canopy
located at the west of the property. Under the canopy will be a total of 12 pump stations for
customers to use. Lastly, the applicant is proposing to construct a self-service, automated carwash
facility and vacuum stations. The new 2,300-square-foot carwash will be located at the south of the
property with the entrance located at the center of the site. The carwash facility will provide three
vacuum stations for use before or after the vehicle has been washed. 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 Hagh4ni, AIG
Executive Director
Planning & Building Agency
IO:rb
to\Planning Commission@603 S Main\2603 S Main Street Chevron AA-CUP.cc
Exhibit: A. Planning Commission Staff Report
B. Ordinance
C. Resolution
75B-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MARCH 27, 2017
TITLE:
PUBLIC HEARING — FILED BY LEON FELUS
FOR AMENDMENT APPLICATION NO. 2016-05
AND CONDITIONAL USE PERMIT NOS. 2016.44
AND 2017-06 TO ALLOW A CAR WASH FACILITY
AND A DRIVE -THROUGH FOR THE PROJECT
LOCATED AT 2603 SOUTH MAIN STREET
{STRATEGIC PLAN NO. 3,2)
Prepared by Ivan Orozco
Executive Director.%
RECOMMENDED ACTION
Recommend that City Council:
PLANNING COMMISSION SECRETARY
APPROVED
❑
As Recommended
❑
As Amended
❑
Set Public Hearing For
DENIED
❑
Applicant's Request
❑
Staff Recommendation
CONTINUED TO
Planning .:
1. Adopt a resolution recommending that the City Council adopt an ordinance approving
Amendment Application No. 2016-05.
2. Adopt a resolution approving Conditional Use Permit No. 2016-44 as conditioned (carwash facility).
3. Adopt a resolution approving Conditional Use Permit No. 2017-06 as conditioned (drive -through).
Executive Summary
Leon Felus, representing Gardena Group Holdings LLC, is requesting approval of an amendment
application to rezone property from General Commercial (C-2) to Light Industrial (M-1), and two
separate conditional use permit applications to allow a service gas station with a retail convenience
store, a car wash, and an eating establishment with drive -through service at 2603 South Main
Street. Staff is recommending approval of the zone change and the conditional use permits to allow
the proposed construction of the various uses. Approving the zone change will allow for the General
Plan designation and the new zoning designation to be consistent. Additionally, the proposed uses
will provide additional services to residents, workers, and visitors in the area and will not negatively
impact the surrounding community due to the site's location away from sensitive land uses and the
site's proposed design.
Table 1: Project and Location Information
litern
I Information
Project Address
2603 South Main Street
_
Nearest Intersection
Main Street and dyer Road
EXHIBIT A
75B-3
AA No. 2016-05, CUP Nos. 2016-44 & 2017-06
March 27, 2017
Page 2
Item`.
Information. ,
General Plan Designation
Industrial IND
Existing Zoning Designation
General Commercial C-2
Proposed Zoning Desi nation
Light Industrial M-1
Surrounding Land Uses
North
I Commercial
East
Commercial
South
Commercial
West
Industrial x
Pro ert Size
59,906 s uare Peet 1.37 Acres
Existing_Site Development
Vacant
Use Permisslons/Proposed
Development
Service Station & Canopy: Allowed by right and limited to 2,000
square feet of floor area devoted to non -auto related uses.
Restaurant with drive -through window service: The restaurant use is
allowed by right; however, the drive -through window service requires
approval of a CUP.
Automated car wash: The car wash facility requires approval of a
CUP.
Zoning Code Sections Affected
Uses
Section 41-472 & 41-472.5 SAMC
Development
Standards
Section 41-374 & 41-474 SAMC
Project Description
The project includes construction of a service station, car wash, and restaurant with a drive -through
lane. The central component of the project will be a new 4,064-square-foot building located to the
north east of the site. The building will be occupied by two separate tenant spaces: a convenience
store proposing to utilize 2,000 square feet of the building, and a restaurant occupying the remaining
2,064 square feet, The service station will also consist of a 3,686-square-font canopy located at the
west of the property. Under the canopy will be a total of 12 pump stations for customers to use.
The proposed restaurant will be located within a 2,064-square-foot tenant space. The restaurant space
will provide a full -service kitchen and seating area, which allows for a variety of different food related
tenants. The restaurant is also proposing to provide a drive -through facility as part of the daily
operations. The drive -through is designed to wrap around the entire building, with the entrance of the
drive -through at the south of the building traveling up and around the east elevation until it exits
towards the project site's Goetz Avenue driveway.
Lastly, the applicant is proposing to construct a self-service, automated carwash facility and vacuum
stations. The new 2,300-square-foot carwash will be located at the south of the property with the
entrance located at the center of the site. The carwash facility will provide three vacuum stations for
use before or after the vehicle has been washed. The design and amenities of the car wash will
75B-4
AA No. 2016-05, CUP Nos. 2016-44 & 2017-06
March 27, 2017
Page 3
provide patrons a full -service wash in a small and quick service automated facility. The architecture of
the building is proposed to complement that of the restaurant and convenience store. Special
consideration has been taken to provide a higher level of materials for the building and the roll -up
doors. The landscaping for the site will be reviewed to meet all City of Santa Ana Landscaping
requirements at the time of Building plan check.
Tables 2A and 2B provide a detailed comparison of the project's compliance with the applicable land
use and development standards.
Table 2A: Land Use Standards
Light Industrial (M1) (SAMC Sec. 41-471)
Proposed Land Use
Permit Requirements
Restaurant
Allowed by Right
Drive -through Service for Restaurant
Conditional Use Permit
Carwash
Conditional Use Permit
Service station and Store
Allowed by right (Convenience store is limited to 2,000
square feet)
24hr Operation of service station
Allowed b Ri ht
24nr C eration of satin establishment
Allowed b Right
Table 28: Development Standards
—Light Industrial (M1) (SAMC Sec. 41-474 through 41.481)
Standard
Re aired b SAMC
Provided
Lot Size
Minimum 12,000 Square Feet
Complies; 59,549 Square Feet
Complies; 715 Feet (project has frontage
Street Frontage
Minimum 100 Feet
on Main Street, Goetz Avenue, and
C ress Avenue)
Building Height
Not to exceed 35 Feet
Complies; Less than 22 Feet
Landscape Buffer
20 Feet on Main/10 Feet on
Complies
Goetz and Cypress
Parking
Required: 32 spaces and 3
_
Complies; 32 spaces and 3 vacuum
vacuum spaces
spaces
F.A.R.
Not to exceed 0.45 FAR
Complies; 0.17 FAR
Signage
Not required
Freestanding and wall signs (deferred
submittals)
Stacking Distance (drive-
80 Feet
Complies; 80 Feet
#nrou h
Driveway Width (service
35 feet maximum
_
Complies; 32 Feet
station
75B-5
AA No. 2016-05, CUP Nos. 2016-44 & 2017-06
March 27, 2017
Page 4
Light industrial (M1) (SAMC Sec. 41-474 through 41-481) —
Standard
Required by SAMC
Provided _
_
Landscaping Buffer (service
_
5 Foot landscape yard along
Complies, 5 foot landscape yard
station)
the rear/side lot line
Landscaping Adjacent to
Requires landscape berm
Complies
Street
Protect Background and Chronoloay
The property was formerly improved with a laundry and dry cleaning business that was constructed
in 1948. Through the years, the building underwent several modifications until 1991 when a
demolition permit was issued and the lot was cleared. In February 2015, the applicant submitted
plans to develop the site with a new service station, restaurant, and a carwash. The project was
reviewed by the Development Review Committee (DRC) where it was determined that the drive -
through service lane and the car wash facility would require approval of conditional use permits.
Project Analysis
The Light Industrial (M-1) zoning designation allows for a variety of uses by right, as long as those uses
meet the SAMC parking requirements. The project site is proposing to construct several of those uses,
including a service station and restaurant. Pursuant to the SAMC, up to 2,000 square feet of product
sales retail square footage can be devoted to non -auto related services as part of the service station.
The proposed service station and its retail store comply with this 2,000-square-foot limitation. Although
the site is considered a multi -tenant industrial site and all of the uses are complimentary to the other,
each of the uses proposed on the property is independent from the other. The convenience store and
restaurant are not connected or require the other to operate.
Amendment Application
The existing zoning designation of the property is General Commercial (C-2); the C-2 zoning
designation is inconsistent with the General Plan land use designation of Industrial (IND). Because the
project proposes developing several commercial uses that require approval of discretionary actions,
the zoning designation and General Plan land use designations must be made consistent with each
other. The C-2 zone and the Light Industrial (M-1) zone allow for a restaurant use, service station, and
carwash; however, some of the uses require discretionary approval of a conditional use permit (CUP).
In order to approve a CUP, the General Plan Land Use designation and the zoning designation must
be made consistent. In addition to the subject property, the General Plan land use designation for the
vicinity Is Industrial (IND) and the majority of the properties in the area are already zoned Light
Industrial (M-1) with the exception of several properties south of the subject site. Those properties are
zoned C-2 and will need to be modified through a General Plan land use designation and rezoning
clean-up effort.
75B-6
AA No. 2016-05, CUP Nos. 2016-44 & 2017-06
March 27, 2017
Page 5
Conditional Use Permit (Carwash
The applicant's request for a conditional use permit (CUP) to allow an automated carwash will create
an additional amenity for the property and the area. The carwash facility is designed to be operated
with minimal supervision as the tunnel and three vacuum stations are intended for self -operation. The
facility is also designed and located so as to generate minimal noise and traffic impacts to the
surrounding land uses. The entrance to the facility is located at the center of the site with sufficient
stacking space as to minimize any potential traffic generated on -site, as well as providing sufficient
distance from the entrance of the carwash to the pay station. The stacking distance that is proposed
for the car wash not only meets all minimum City required distances but also wraps around the car
wash building and away from other on -site circulation. Currently, there are no residential uses in the
near vicinity; the surrounding land uses are commercial or industrial. Conditions of approval have been
added to ensure that sound does not become a nuisance to the neighboring properties. In addition, to
minimize the noise and potential traffic, staff has conditioned the proposed hours of operation from
7:00 a.m. to 8:00 p.m.
Conditional Use Permit (Drive-throuah
The applicant's request for a conditional use permit to allow a drive -through facility for the restaurant
will allow the proposed restaurant to provide an added amenity to the property, the employees who
work In the close vicinity, and the residents who live in the general area. Allowing the restaurant to
have a drive -through window will provide a service that will help promote economic development to the
area which will contribute to the general well-being of the neighborhood and the community. The drive -
through is designed and intended to generate the least amount of impact for the on -site and off -site
circulation. Since the drive -through lane goes through the rear of the property, it will produce minimal
Visual impact onto Main Street and will allow vehicles to flow through the additional driveways on Goetz
and Cypress Avenues. Additionally, the drive -through is intended to minimize any possible stacking
issues on any of the streets. The drive -through is also designed to generate minimal noise impacts;
the speaker boxes and the order menu are both located at the center on the site and directed towards
the parking area. Any potential noise generated from the idling of vehicles or the drive -through order
equipment is anticipated to blend into the surrounding industrial and commercial uses in the vicinity,
thus lessening any potential impacts on the neighborhood. The proposed drive -through has met all the
Design Review Committee requirements which include landscaping berms and pedestrian walkways.
These design requirements will ensure that the drive -through facility does not negatively impact the
uses on the site, the neighboring properties, or the vehicular or pedestrian circulation in the area and
will not be detrimental to the health, safety, and welfare of the residents or persons working in the
vicinity.
75B-7
AA No. 2016-05, CUP Nos, 2016-44 & 2017-06
March 27, 2017
Page 6
Table 3: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach
CEQA; Strategic Plan„Alignment and Public
Notification & Cornmunit` Outreach
CEQA
CEQA T e
Class 3 Section 15303)
Document Type
Cate orical Exern tion (ER No. 2015-15)
Class 3 exemptions apply to new construction, The subject project is limited to less
Reason(s) Exempt
than 10,000 square feet on new commercial buildings in an urbanized area.
Additionally, it has been identified that the development of the site will not adversely
or Analysis
impact the environment, any designated scenic highways, or sites which have been
identified to contain hazardous waste.
_Strafe iC.Rlat Ali nment
Goal(s), Policy or
3, 2 (create new opportunities for business/job growth and encourage private
Policies
development through new General Plan and Zon ng Ordinancepolicies)
Ndtlficatia`n,&
Community Outr•®aeh
,Public
, s .`;.,:
Site posting
A public noticed was posted on the project site on March 3,
2017.
Notification by mail was mailed to all property owners and
Required Measures
Notification by mail
occupants within 500 feet of the project site on March 3,
2017.
Newspaper posting
Newspaper posting was published in the Orange County
Reporter on March 3, 2017.
The Delhi Neighborhood Association chairpersons were contacted by phone 10 days
Additional Measures
prior to the public hearing. At the time this report was printed, no issues of concern
were raised regarding this a lication.
Lased on the analysis provided within this report, staff recommends that the Planning Commission
recommend that the City Council approve Amendment Application No. 2016-05, Conditional Use
Permit No. 2016-44 as -conditioned, and Conditional Use Permit No. 2017-07 as conditioned.
Ivan Orozco `W' t/
Assistant Planner II
IO:jm
IoTlanning Commisslon12003 S Maln\2303 S Main Street Chevron AA-CUP.pc
75B-8
AA No. 2016-05, CUP Nos, 2016-44 & 2017-06
March 27, 2017
Page 7
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Land Use Map
Exhibit 3 — Proposed Sectional District Map
Exhibit 4 — Site Photo
Exhibit 5 -- Site Plan
Exhibit 6 — Technical Site Plan
Exhibit 7 -- Restaurant and Convenience Store Elevations
Exhibit 8 — Car Wash Elevations
Exhibit 9 — Service Station Canopy Elevations
75B-9
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P LL A N N t N G A N D 3 U I L D 1 11 1: A G _€ N C_...y
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75B-10
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EXHIBIT 2
75B-11
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75B -18
LS 04.18.17
ORDINANCE NO. NS -XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO. 2016 -05 REZONING THE PROPERTY
LOCATED AT 2603 SOUTH MAIN STREET FROM
GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL
(M -1) (AA NO. 2016 -05)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Amendment Application No. 2016 -05 has been filed to change the zoning
designation of the parcel located at 2603 South Main Street from General
Commercial (C -2) to the Light Industrial (M -1) zoning designation.
B. On March 27, 2017, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council:
Adopt an ordinance approving Amendment Application No. 2016 -05
for the property located at 2603 South Main Street,
2. Approve a conditional use permit as conditioned (No. 2016 -44) to
permit a carwash facility and conditional use permit as conditioned
(No. 2017 -06) to permit a drive - through service window at 2603
South Main Street,
C. The zoning designation of the Light Industrial (M -1) will allow the subject
site approval of applications for conditional use permits to allow the
development of a carwash facility and a drive - through window service by
bringing the rezoned property into consistency with the General Plan land
use designation of Industrial (IND).
D. The City Council has reviewed applicable general plan policies and has
determined that this proposed rezoning is consistent with the purpose of
the general plan.
E. The City Council, prior to taking action on this ordinance, held a duly noticed
public hearing on April 18, 2017.
F. The City Council also adopts as findings all facts presented in the Request
for Council Action dated April 18, 2017 accompanying this matter.
Exhibit B
Ordinance No. NS -XXXX
Page 1 of 3
75B -19
G. For these reasons, and each of them, Amendment Application No. 2016-
05 is hereby found and determined to be consistent with the intent and
purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing
the zoning district is found to be consistent with the General Plan of the
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
the recommended action is exempt from CEQA 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 substances
where all necessary public services and facilities are available. The cumulative impact of
this project will not be significant as the use will be complimentary with the nearby
commercial uses in the area. Additionally, it has been identified that the development of
the site will not adversely impact the environment, any designated scenic highways, or
sites which have been identified to contain hazardous waste. Additionally, it was
evaluated that the proposed uses for the site are consistent with both the General
Commercial (C -2) and the Light Industrial (M -1) zoning designation. The amendment
application to change the existing zoning designation to the Light Industrial (M -1) zone
is intended to provide consistency with the General Plan of the city. Categorical
Exemption Environmental Review No. 2015 -15 will be filed for this project.
Section 3. 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 4. The City Council of the City of Santa Ana hereby adopts an
ordinance rezoning the real property located at 2603 South Main Street from General
Commercial (C -2) to Light Industrial (M -1), (AA No. 2016 -05). Amended Sectional District
Map number 30 -5 -9 showing the above described change in use district designation, is
attached hereto as Exhibit "1" and incorporated by this reference as though fully set forth
herein. This decision is based upon the evidence submitted at the above said hearing,
which includes, but is not limited to: the Request for Council Action dated April 18, 2017,
and exhibits attached thereto; and the public testimony, all of which are incorporated
herein by this reference.
ADOPTED this day of , 2017.
Miguel A. Pulido
Mayor
Ordinance No. NS -XXXX
Page 2 of 3
75B -20
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:— tLGJe,�r c /
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS- to be the original ordinance adopted by the City
Council of the City of Santa Ana on , 2 017 and that said ordinance
was published in accordance with the Charter of the City of Santa Ana.
mom
Clerk of the Council
City of Santa Ana
75B -21
Ordinance No. NS -XXXX
Page 3 of 3
TONING DISTRICTS
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GENERAL AGRICULTURAL
CSM
SOUTH MAIN STREET COMMERCIAL DIST.
R2
TWO- FAMILY RESIDENCE
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DEVELOPMENT
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0
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SPECIFIC DEVELOPMENT
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C5
ARTERIAL COMMERCIAL
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SPECIFIGPLAN
OR
COMMERCIALRESIDENTIAL
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SINGLE - FAMILY RESIDENCE
SECTIONAL DISTRICT MAP 30-5 -9
CITY OF SANTA ANA, CALIFORNIA
Exhibit: 1
75B -22
LS 04.18.17
ORDINANCE NO. NS -XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA APPROVING AMENDMENT
APPLICATION NO. 2016 -05 REZONING THE PROPERTY
LOCATED AT 2603 SOUTH MAIN STREET FROM
GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL
(M -1) (AA NO. 2016 -05)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Amendment Application No. 2016 -05 has been filed to change the zoning
designation of the parcel located at 2603 South Main Street from General
Commercial (C -2) to the Light Industrial (M -1) zoning designation.
B. On March 27, 2017, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council:
1. Adopt an ordinance approving Amendment Application No. 2016 -05
for the property located at 2603 South Main Street,
2. Approve a conditional use permit as conditioned (No. 2016 -44) to
permit a carwash facility and conditional use permit as conditioned
(No. 2017 -06) to permit a drive- through service window at 2603
South Main Street.
C. The zoning designation of the Light Industrial (M -1) will allow the subject
site approval of applications for conditional use permits to allow the
development of a carwash facility and a drive - through window service by
bringing the rezoned property into consistency with the General Plan land
use designation of Industrial (IND).
D. The City Council has reviewed applicable general plan policies and has
determined that this proposed rezoning is consistent with the purpose of
the general plan.
E. The City Council, prior to taking action on this ordinance, held a duly noticed
public hearing on April 18, 2017.
F. The City Council also adopts as findings all facts presented in the Request
for Council Action dated April 18, 2017 accompanying this matter.
Ordinance No. NS -XXXX
Page 1 of 3
75B -23
G. For these reasons, and each of them, Amendment Application No. 2016-
05 is hereby found and determined to be consistent with the intent and
purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing
the zoning district is found to be consistent with the General Plan of the
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
the recommended action is exempt from CEQA 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 substances
where all necessary public services and facilities are available. The cumulative impact of
this project will not be significant as the use will be complimentary with the nearby
commercial uses in the area. Additionally, it has been identified that the development of
the site will not adversely impact the environment, any designated scenic highways, or
sites which have been identified to contain hazardous waste. Additionally, it was
evaluated that the proposed uses for the site are consistent with both the General
Commercial (C -2) and the Light Industrial (M -1) zoning designation. The amendment
application to change the existing zoning designation to the Light Industrial (M -1) zone
is intended to provide consistency with the General Plan of the city. Categorical
Exemption Environmental Review No. 2015 -15 will be filed for this project.
Section 3. 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 4. The City Council of the City of Santa Ana hereby adopts an
ordinance rezoning the real property located at 2603 South Main Street from General
Commercial (C -2) to Light Industrial (M -1), (AA No. 2016 -05), Amended Sectional District
Map number 30 -5 -9 showing the above described change in use district designation, is
attached hereto as Exhibit "1" and incorporated by this reference as though fully set forth
herein. This decision is based upon the evidence submitted at the above said hearing,
which includes, but is not limited to: the Request for Council Action dated April 18, 2017,
and exhibits attached thereto; and the public testimony, all of which are incorporated
herein by this reference.
ADOPTED this day of , 2017.
Miguel A. Pulido
Mayor
Ordinance No. NS -XXXX
Page 2 of 3
75B -24
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS- to be the original ordinance adopted by the City
Council of the City of Santa Ana on , 2017 and that said ordinance
was published in accordance with the Charter of the City of Santa Ana.
mimm
Clerk of the Council
City of Santa Ana
75B -25
Ordinance No. NS -XXXX
Page 3 of 3
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SECTIONAL DISTRICT MAP: 30-5-9 e
CITY OF SANTA ANA. CALIFORNIA
Exhibit: 1
75B -26
LS 03.27.17
RESOLUTION NO. 2017 -09
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE CHANGING THE
ZONING DISTRICT OF THE PROPERTY LOCATED AT
2603 SOUTH MAIN STREET FROM GENERAL
COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA
NO. 2016 -05)
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. Amendment Application No.2016 -05 has been filed to change the zoning
designation of the parcel located at 2603 South Main Street from General
Commercial (C -2) to the Light Industrial (M -1) zoning designation.
B. On March 27, 2017, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council:
1. Adopt an ordinance approving Amendment Application No. 2016 -05
for the property located at 2603 South Main Street.
2. Approve a conditional use permit as conditioned (No. 2016 -44) to
permit a carwash facility and conditional use permit as conditioned
(No. 2017 -06) to permit a drive - through service window at 2603
South Main Street.
C. The zoning designation of the Light Industrial (M -1) will allow the subject
site approval of applications for conditional use permits to allow the
development of a carwash facility and a drive - through window service by
bringing the rezoned property into consistency with the General Plan land
use designation of Industrial (IND).
D. The Planning Commission has reviewed applicable general plan policies
and has determined that this proposed rezoning is consistent with the
purpose of the general plan.
E. For these reasons, and each of them, Amendment Application No. 2016-
05 is hereby found and determined to be consistent with the intent and
purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing
the zoning district is found to be consistent with the General Plan of the
Exhibit C
Resolution No. 2017 -09
Page 1 of 3
75B -27
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
the recommended action is exempt from CEQA 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 substances
where all necessary public services and facilities are available. The cumulative impact of
this project will not be significant as the use will be complimentary with the nearby
commercial uses in the area. Additionally, it has been identified that the development of
the site will not adversely impact the environment, any designated scenic highways, or
sites which have been identified to contain hazardous waste. Additionally, it was
evaluated that the proposed uses for the site are consistent with both the General
Commercial (C -2) and the Light Industrial (M -1) zoning designation. The amendment
application to change the existing zoning designation to the Light Industrial (M -1) zone
is intended to provide consistency with the General Plan of the city. Categorical
Exemption Environmental Review No. 2015 -15 will be filed for this project.
Section 3. 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 4. The Planning Commission of the City of Santa Ana recommends
that the City Council adopt an ordinance rezoning the real property located at 2603
South Main Street from General Commercial (C -2) to Light Industrial (M -1), (AA No. 2016-
05) Amended Sectional District Map number 30 -5 -9 showing the above described change
in use district designation, is hereby attached hereto as Exhibit " 1" and incorporated by this
reference as though fully set forth herein. This recommendation is based upon the
evidence submitted at the above said hearing, which includes, but is not limited to: the
Request for Planning Commission Action dated March 27, 2017, and exhibits attached
thereto; and the public testimony, all of which are incorporated herein by this reference.
Resolution No. 2017 -09
Page 2 of 3
75B -28
ADOPTED this day of March, 2017.
AYES: Commissioners: BACERRA, CONTRERAS -LEO, MCCLOUGHLIN,
MENDOZA, NGUYEN, VERINO (6)
NOES: Commissioners:
ABSENT: Commissioners: ALDERETE (1)
Lynnette Verino
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Bv:
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Sarah Bernal, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2017 -09 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March _, 2017.
Date:
Recording Secretary
City of Santa Ana
75B -29
Resolution No. 2017 -09
Page 3 of 3
LS 3.27.17
RESOLUTION NO. 2017 -10
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA TO RECOMMEND APPROVAL
OF CONDITIONAL USE PERMIT NO. 2016 -44 AS
CONDITIONED TO ALLOW A CARWASH FACILITY, AND
CONDITIONAL USE PERMIT NO. 2017 -06 AS
CONDITIONED, TO ALLOW A RESTAURANT WITH
DRIVE - THROUGH WINDOW SERVICE FOR THE
PROPERTY LOCATED AT 2603 SOUTH MAIN 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 (CUP) Nos.
2016 -44 and 2017 -06 to allow a carwash facility and a restaurant with
drive - through service for the property located at 2603 South Main Street.
B. On March 27, 2017, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit Nos. 2016 -44 and 2017 -06.
C. The Planning Commission determines that for Conditional Use Permit No.
2016 -44 (carwash facility), the following findings, which must be
established pursuant to Santa Ana Municipal Code (SAMC) Section 41-
638 have been established:
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 proposed carwash facility will provide an amenity to the
neighborhood and surrounding community by allowing
customers the opportunity to pump gas, purchase a variety
of products, and wash their vehicles in one location. The
carwash facility will be the only one in the vicinity. Conditions
of approval will be added that are applicable to the daily
operation of the carwash facility to ensure that the use will
not negatively affect the surrounding community.
2. That the proposed use under the circumstances of the particular
case will not be detrimental to the health, safety, or general welfare
of persons residing or working in the vicinity.
Resolution No. 2017 -10
Page 1 of 7
75B -30
The proposed carwash facility has been designed to reduce
any potential negative impacts to the health, safety, and
general welfare of the residents, workers, or visitors to the
site. Construction requirements for the structure and overall
layout and access to the facility will reduce any potential
negative or adverse impacts created by the use. This is
primarily an ancillary amenity to the service station and
therefore will not be frequented or utilized for extended
periods of time. In addition the hours of operation that are
proposed for the carwash are between 7:00 am to 8:00 pm
daily.
3. That the proposed use will not adversely affect the present
economic stability or future economic development of properties
surrounding the area.
The proposed carwash will create an additional place of
business and amenity for the project site. Offering the
ancillary service of a carwash will attract additional
customers to the site which will take advantage of the other
uses such as the service station and restaurant. The
additional source of income to the site will not adversely
affect the economic stability of the area, but will instead
promote a higher business activity in the area and the site
which currently sits vacant and has done so for a number of
years.
4. That the proposed use shall comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed project will be in compliance with all
applicable regulations and conditions imposed on a
commercial carwash facility pursuant to Chapter 41 of the
Santa Ana Municipal Code. The facility will be maintained as
a self- service automated carwash facility providing the
necessary tools to service a vehicle that any carwash facility
provides. In addition to the amenities that the carwash will
provide, the carwash will provide all the necessary stacking
distances to help mitigate any potential traffic impacts on and
off the site. The proposed hours of operation will allow the
facility to conform to the SAMC noise standards and
regulations.
5. That the proposed use will not adversely affect the General Plan or
any specific plan of the City.
The proposed use will not adversely affect the General Plan.
The granting of this conditional use permit supports several
policies contained in the General Plan. Policy 2.2 of the
Land Use Element encourages land uses that accommodate
Resolution No. 2017 -10
Page 2 of 7
75B -31
the City's needs for goods and services. Providing an
additional amenity on the site allows for Santa Ana residents
and visitors, especially those in the industrial area to have
options to needed uses in the close proximity that are
currently not available. Furthermore, Policy 2.9 of the Land
Use Element supports developments that create a business
environment that is safe and attractive. The project has gone
through the Design Review Committee and been approved
as it is proposed. Additional design and construction
requirements will guarantee that the site maintains a safe
and attractive environment in Santa Ana. Finally, Policy 5.5
of the Land Use Element encourages development that is
compatible with and supporting of surrounding land uses.
The service station and ancillary carwash will be located in a
commercial /industrial area and its operation will be
compatible with the surrounding commercial and industrial
businesses.
D. The Planning Commission determines that for Conditional Use Permit No.
2017 -06 (drive- through window service), the following findings, which must
be established pursuant to Santa Ana Municipal Code Section 41 -638
have been established:
1. That the proposed use will provide a service or facility that will
contribute to the general well -being of the neighborhood or the
community.
The proposed restaurant establishment with drive - through
window service will provide an additional service to the
community and the project site. The restaurant
establishment with drive - through window service is a use
that is supportive of the primary commercial and industrial
uses in the area. The use will provide dining opportunities to
the residents and workers in the immediate vicinity by
providing options for patronage.
2. That the proposed use under the circumstances of the particular
case will not be detrimental to the health, safety, or general welfare
of persons residing or working in the vicinity.
The proposed drive - through service for the restaurant use
will not be detrimental to the persons residing or working in
the vicinity because the drive - through service lane and
window have been designed to minimize any potential
impacts to vehicles traveling along Main Street as the
internal stacking area has been designed to meet the
minimum standards required by Santa Ana Municipal Code.
Furthermore, landscaping requirements have been
Resolution No. 2017 -10
Page 3 of 7
75B -32
incorporated to the design of the drive - through such as
providing a berm to the landscape buffer in order to minimize
potential adverse impacts from occurring on the premises.
The drive - through lane as proposed will be located at the
rear of the property closer to Cypress Avenue, which is a
less- traveled roadway, thus reducing any potential queuing
impacts. This design condition will help mitigate any potential
traffic issues related to drive - through service windows.
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 and proposed 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 restaurant
with drive - through window service will include an overall
improvement to the property and streetscape including new
on -site landscaping and architecture, helping revitalize the
area.
4. That the proposed use shall comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed 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 a restaurant use that
provides a drive - through window service. The entire property
will be developed to meet all applicable regulations and
provisions of the SAMC. Each independent use proposed
will be designed to operate in conformance to all SAMC
standards and the site will act as a one - stop -shop for
residents, workers, and visitors to the area. The drive -
through window service has been approved through the
City's Development Review Committee (DRC) and meets all
development standards of the SAMC.
5. That the proposed use will not adversely affect the General Plan or
any specific plan of the City.
The proposed use will not adversely affect the General Plan.
The granting of this conditional use permit supports several
policies contained in the General Plan. Policy 2.2 of the
Land Use Element encourages land uses that accommodate
the City's needs for goods and services. Providing an
additional amenity in the form of a drive - through window
Resolution No. 2017 -10
Page 4 of 7
75B -33
service for a new restaurant encourages and promotes
development of services important to the residents and
workers in the area. Furthermore, Policy 2.9 of the Land Use
Element supports developments that create a business
environment that is safe and attractive. Design comments
have been addressed to help make the proposed drive -
through window service a safe and attractive amenity to the
restaurant and the site. Finally, Policy 5.5 of the Land Use
Element encourages development that is compatible with
and supporting of surrounding land uses. The drive - through
window service being provided for the new restaurant will
assist in addressing the needs of dining services to those
working in the immediate area and will provide employment
opportunities to the residents that live in the area.
E. In accordance with the California Environmental Quality Act (CEQA) the
recommended action is exempt from CEQA 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 substances where all necessary public services and facilities
are available. The cumulative impact of this project will not be significant
as the use will be complementary with the nearby commercial uses in the
area. Additionally, it has been identified that the development of the site
will not adversely impact the environment, any designated scenic
highways, or sites which have been identified to contain hazardous waste.
Categorical Exemption Environmental Review No. 2015 -15 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 sole 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. 2016 -44 and 2017 -06
as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is
based upon the evidence submitted at the above said hearing, which includes, but is not
limited to: the Request for Planning Commission Action dated March 27, 2017, and
exhibits attached thereto; and the public testimony, all of which are incorporated herein
by this reference.
Resolution No. 2017 -10
Page 5 of 7
75B -34
ADOPTED this day of March, 2017.
AYES: Commissioners: BACERRA, CONTRERAS -LEO, MCCLOUGHLIN,
MENDOZA, NGUYEN, VERINO (6)
NOES: Commissioners:
ABSENT: Commissioners: ALDERETE (1)
ABSTENTIONS: Commissioners:
Lynnette Verino
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Sarah Bernal, Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2017 -10 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March _, 2017.
Date:
Recording Secretary
City of Santa Ana
75B -35
Resolution No. 2017 -10
Page 6 of 7
EXHIBIT A
Conditions for Approval (CUP No. 2016 -44 and CUP No. 2017 -06)
Conditional Use Permit No. 2016 -44 (carwash facility) and Conditional Use Permit No.
2017 -06 (drive- through window service) are 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. In addition, it shall meet the following conditions
of approval:
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 application. Failure to comply with each and every condition
may result in the revocation of the conditional use permit.
A. Planning Division
All proposed site improvements must conform to the Site Plan Review
approval of DP- 2015 -07.
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 if the conditional use permit must be amended.
The Applicant must submit detailed landscape plans at the time of submittal
into Building plan check. The landscape plan shall incorporate features to
conceal or improve aesthetics of the site such as decorative vines for walls
and trash enclosures as well as meet the requirements of section 10.4.5 of
the City of Santa Ana Citywide Design Guidelines and Santa Ana Municipal
Code Section 41 -477. The landscape plan must be approved prior to
issuance of a building permit.
The Applicant must provide noise reduction measures to be constructed into
the design of the carwash building. Said sound proofing barriers shall reduce
the noise levels leading out of the carwash facility. These construction and
noise measures will be included as part of the construction drawing that is
submitted into plan check.
5. The hours of operation for the carwash facility will be scheduled from 7:00
a.m. to 8:00 p.m. daily.
6. Fuel delivery shall be limited to the hours of 8:00 p.m. and 6:00 a.m. daily.
Resolution No. 2017 -10
Page 7 of 7
75B -36
ZONING DISTRICTS
Al
GENERAL AGRICULTURAL
CSM
SOUTH MAIN STREETCOMMERCIAL DIST.
R2
TWO - FAMILY RESIDENCE
-B
PARKING MODIFICATION
Cl
COMMUNITY COMMERCIAL
GC
GOVERNMENT CENTER
R3
MULTIPLE - FAMILY RESIDENCE
-OZ
OVERLAY ZONE
CiMD
COMMUNITY COMMERCIAL - MUSEUM DIST.
MI
LIGHT INDUSTRIAL
R4
SUBURBAN APARTMENT
PLANNED RESIDENTIAL
PRD
DEVELOPMENT
02
GENERAL COMMERCIAL
M2
HEAVY INDUSTRIAL
RE
RESIDENTIAL ESTATE
C4
PLANNED SHOPPING CENTER
0
OPEN SPACE
SD
SPECIFIC DEVELOPMENT
-H02
HEIGHT DISTRICTII
C5
ARTERIAL COMMERCIAL
P
PROFESSIONAL
SP
SPECIFIC PLAN
CR
COMMERCIAL RESIDENTIAL
Ri
SINGLE - FAMILY RESIDENCE
SECTIONAL DISTRICT MAP: 30 -5 -9
CITY OF SANTA ANA, CALIFORNIA
Exhibit: 1
75B -37
75B -38
LS 4.18.17
RESOLUTION NO. 2017 -xx
A RESOLUTION OF THE CITY COUNCIL APPROVING
CONDITIONAL USE PERMIT NO, 2016 -44 AS
CONDITIONED TO ALLOW A CARWASH FACILITY, AND
CONDITIONAL USE PERMIT NO, 2017 -06 AS
CONDITIONED, TO ALLOW A RESTAURANT WITH
DRIVE - THROUGH WINDOW SERVICE FOR THE
PROPERTY LOCATED AT 2603 SOUTH MAIN STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Conditional Use Permit (CUP) Nos. 2016 -44 and 2017 -06 have been filed
to allow a carwash facility and a restaurant with drive - through service for
the property located at 2603 South Main Street.
B. On March 27, 2017, the Planning Commission held a duly noticed public
hearing and voted to approve Conditional Use Permit Nos. 2016 -44 and
2017 -06, as conditioned.
C. The City Council, prior to taking action on this ordinance, held a duly noticed
public hearing on April 18, 2017,
D. The City Council also adopts as findings all facts presented in the Request
for Council Action dated April 18, 2017 accompanying this matter.
E. The City Council determines that for Conditional Use Permit No. 2016 -44
(carwash facility), the following findings, which must be established
pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638 have been
established:
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 proposed carwash facility will provide an amenity to the
neighborhood and surrounding community by allowing
customers the opportunity to pump gas, purchase a variety
of products, and wash their vehicles in one location. The
carwash facility will be the only one in the vicinity. Conditions
of approval will be added that are applicable to the daily
Exhibits
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operation of the carwash facility to ensure that the use will
not negatively affect the surrounding community.
2. That the proposed use under the circumstances of the particular
case will not be detrimental to the health, safety, or general welfare
of persons residing or working in the vicinity.
The proposed carwash facility has been designed to reduce
any potential negative impacts to the health, safety, and
general welfare of the residents, workers, or visitors to the
site. Construction requirements for the structure and overall
layout and access to the facility will reduce any potential
negative or adverse impacts created by the use. This is
primarily an ancillary amenity to the service station and
therefore will not be frequented or utilized for extended
periods of time. In addition the hours of operation that are
proposed for the carwash are between 7:00 am to 8:00 pm
daily.
3. That the proposed use will not adversely affect the present
economic stability or future economic development of properties
surrounding the area.
The proposed carwash will create an additional place of
business and amenity for the project site. Offering the
ancillary service of a carwash will attract additional
customers to the site which will take advantage of the other
uses such as the service station and restaurant. The
additional source of income to the site will not adversely
affect the economic stability of the area, but will Instead
promote a higher business activity in the area and the site
which currently sits vacant and has done so for a number of
years.
4. That the proposed use shall comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed project will be in compliance with all
applicable regulations and conditions imposed on a
commercial carwash facility pursuant to Chapter 41 of the
Santa Ana Municipal Code. The facility will be maintained as
a self- service automated carwash facility providing the
necessary tools to service a vehicle that any carwash facility
provides. In addition to the amenities that the carwash will
provide, the carwash will provide all the necessary stacking
distances to help mitigate any potential traffic impacts on and
off the site. The proposed hours of operation will allow the
facility to conform to the SAMC noise standards and
regulations.
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5. That the proposed use will not adversely affect the General Plan or
any specific plan of the City.
The proposed use will not adversely affect the General Plan.
The granting of this conditional use permit supports several
policies contained in the General Plan. Policy 2.2 of the
Land Use Element encourages land uses that accommodate
the City's needs for goods and services. Providing an
additional amenity on the site allows for Santa Ana residents
and visitors, especially those in the industrial area to have
options to needed uses in the close proximity that are
currently not available. Furthermore, Policy 2.9 of the Land
Use Element supports developments that create a business
environment that is safe and attractive, The project has gone
through the Design Review Committee and been approved
as it is proposed. Additional design and construction
requirements will guarantee that the site maintains a safe
and attractive environment in Santa Ana. Finally, Policy 5.5
of the Land Use Element encourages development that is
compatible with and supporting of surrounding land uses.
The service station and ancillary carwash will be located in a
commercial /industrial area and its operation will be
compatible with the surrounding commercial and industrial
businesses.
F. The City Council determines that for Conditional Use Permit No, 2017 -06
(drive- through window service), the following findings, which must be
established pursuant to Santa Ana Municipal Code Section 41 -638 have
been established:
1. That the proposed use will provide a service or facility that will
contribute to the general well -being of the neighborhood or the
community.
The proposed restaurant establishment with drive - through
window service will provide an additional service to the
community and the project site. The restaurant
establishment with drive - through window service is a use
that is supportive of the primary commercial and industrial
uses in the area. The use will provide dining opportunities to
the residents and workers in the immediate vicinity by
providing options for patronage.
2. That the proposed use under the circumstances of the particular
case will not be detrimental to the health, safety, or general welfare
of persons residing or working in the vicinity.
The proposed drive - through service for the restaurant use
will not be detrimental to the persons residing or working in
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the vicinity because the drive - through service lane and
window have been designed to minimize any potential
impacts to vehicles traveling along Main Street as the
internal stacking area has been designed to meet the
minimum standards required by Santa Ana Municipal Code.
Furthermore, landscaping requirements have been
incorporated to the design of the drive- through such as
providing a berm to the landscape buffer in order to minimize
potential adverse impacts from occurring on the premises.
The drive - through lane as proposed will be located at the
rear of the property closer to Cypress Avenue, which is a
less- traveled roadway, thus reducing any potential queuing
impacts. This design condition will help mitigate any potential
traffic issues related to drive- through service windows.
3. That the proposed use will not adversely affect the present
economic stability or future economic development of properties
surrounding the area.
CAN
4
The new restaurant and proposed 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 restaurant
with drive - through window service will include an overall
improvement to the property and streetscape including new
on -site landscaping and architecture, helping revitalize the
area.
That the proposed use shall comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed 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 a restaurant use that
provides a drive - through window service, The entire property
will be developed to meet all applicable regulations and
provisions of the SAMC. Each independent use proposed
will be designed to operate in conformance to all SAMC
standards and the site will act as a one - stop -shop for
residents, workers, and visitors to the area. The drive -
through window service has been approved through the
City's Development Review Committee (DRC) and meets all
development standards of the SAMC.
That the proposed use will not adversely affect the General Plan or
any specific plan of the City.
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Resolution No, 2017 -xx
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The proposed use will not adversely affect the General Plan.
The granting of this conditional use permit supports several
policies contained in the General Plan. Policy 2.2 of the
Land Use Element encourages land uses that accommodate
the City's needs for goods and services. Providing an
additional amenity in the form of a drive - through window
service for a new restaurant encourages and promotes
development of services important to the residents and
workers in the area. Furthermore, Policy 2.9 of the Land Use
Element supports developments that create a business
environment that is safe and attractive. Design comments
have been addressed to help make the proposed drive -
through window service a safe and attractive amenity to the
restaurant and the site. Finally, Policy 5.5 of the Land Use
Element encourages development that is compatible with
and supporting of surrounding land uses. The drive- through
window service being provided for the new restaurant will
assist in addressing the needs of dining services to those
working in the immediate area and will provide employment
opportunities to the residents that live in the area.
G. In accordance with the California Environmental Quality Act (CEQA) the
recommended action is exempt from CEQA 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 substances where all necessary public services and facilities
are available. The cumulative impact of this project will not be significant
as the use will be complementary with the nearby commercial uses in the
area. Additionally, it has been identified that the development of the site
will not adversely impact the environment, any designated scenic
highways, or sites which have been identified to contain hazardous waste.
Categorical Exemption Environmental Review No. 2015 -15 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 sole negligence of
the City of Santa Ana.
Section 3. The City Council of the City of Santa Ana after conducting the
public hearing hereby approves Conditional Use Permit No. 2016 -44 and 2017 -06 as
conditioned in Exhibit A, attached hereto and incorporated herein. This decision is
based upon the evidence submitted at the above said hearing, which includes, but is not
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limited to: the Request for Council Action dated April 18, 2017, and exhibits attached
thereto; and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this ____, day of 2017.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on 2017.
Date:
Clerk of the Council
City of Santa Ana
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Resolution No. 2017 -xx
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Conditions for Approval (CUP No. 2016 -44 and CUP No. 2017 -06
Conditional Use Permit No. 2016 -44 (carwash facility) and Conditional Use Permit No.
2017 -06 (drive- through window service) are 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. In addition, it shall meet the following conditions
of approval:
The applicant must comply with each and every condition listed below rin 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 application. Failure to comply with each and every condition
may result in the revocation of the conditional use permit.
A. Planning Division
All proposed site improvements must conform to the Site Plan Review
approval of DP- 2015 -07.
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 if the conditional use permit must be amended.
3. The Applicant must submit detailed landscape plans at the time of submittal
into Building plan check. The landscape plan shall incorporate features to
conceal or improve aesthetics of the site such as decorative vines for walls
and trash enclosures as well as meet the requirements of section 10.4.5 of
the City of Santa Ana Citywide Design Guidelines and Santa Ana Municipal
Code Section 41 -477. The landscape plan must be approved prior to
issuance of a building permit.
4. The Applicant must provide noise reduction measures to be constructed into
the design of the carwash building. Said sound proofing barriers shall reduce
the noise levels leading out of the carwash facility. These construction and
noise measures will be included as part of the construction drawing that is
submitted into plan check.
5. The hours of operation for the carwash facility will be scheduled from 7:00
a.m. to 8:00 p.m. daily.
6. Fuel delivery shall be limited to the hours of 8:00 p.m. and 6:00 a.m. daily.
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