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HomeMy WebLinkAbout2019-066 - Denying Appeal Application No. 2019-02LS 7.16.19 RESOLUTION NO. 2019-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2019- 02 OF THE DETERMINATION OF THE PLANNING COMMISSION TO ADD TWO ADDITIONAL CONDITIONS FOR CONDITIONAL USE PERMIT (CUP) NO. 2019-12 FOR THE 24 HOUR OPERATION OF THE 7 ELEVEN CONVENIENCE STORE TO BE LOCATED AT 1904 WEST FIRST STREET AND UPHOLDING GRANTING OF THE CUP WITH THE ADDITIONAL TWO CONDITIONS FOR THE HEALTH, SAFETY AND GENERAL WELFARE OF THE COMMUNITY 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. On May 13, 2019 and June 10, 2019, the Planning Commission held a public hearing as required by law on Conditional Use Permit (CUP) No. 2019-12 to allow a proposed 7-Eleven convenience store to operate 24 hours a day at 1904 West First Street. After listening to public testimony and consideration of the facts, the Planning Commission conditionally approved CUP No. 2019- 12 by a vote of 7:0 and added the following two conditions of approval which are intended to further preserve the health, safety and general welfare of the surrounding community: 1. There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi-annual basis to determine if the hours for security shall be reduced or expanded, and 2. The Franchisee shall be an active member of the Casa Bonita Neighborhood Association. B. On June 20, 2019, the applicant submitted a timely appeal to the City requesting that the City Council reconsider the added conditions of approval by the Planning Commission. C. On July 16, 2019, the City Council conducted a duly noticed de novo public hearing on Appeal Application No. 2019-02. Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on behalf of all parties and being fully informed of the application, the Planning Commission's decision, and the appeal, hereby finds and Resolution No. 2019-066 Page 1 of 7 determines that the Planning Commission's decision was not made in error, that the Planning Commission's decision was not an abuse of discretion by the Planning Commission and that the Planning Commission's decision was supported by substantial evidence in the record. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana herby denies Appeal Application No. 2019-02, thereby upholding the Planning Commission's approval including the two added conditions of approval of Conditional Use Permit No. 2019-12 as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. for the project located at 1904 West First Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for City Council Action dated July 16, 2019, and exhibits attached thereto; the Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 16th day of Jam, 2019. Resolution No. 2019-066 Page 2 of 7 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: C, Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Pulido, Sarmiento, Solorio, Villegas (4) Iglesias, Penaloza (2) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-066 to be the original resolution adopted by the City Council of the City of Santa Ana on July 16, 2019. Date: G( -ao9' 6 / q Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2019-066 Page 3 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-12 Conditional Use Permit No. 2019-12 for after-hours operation (seven days a week and 24 hours a day) associated with a 7-Eleven convenience store is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The Applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. 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. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan shall be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably Resolution No. 2019-066 Page 4 of 7 satisfactory to the City Attorney. The property maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the property maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The property maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The property maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions Resolution No. 2019-066 Page 5 of 7 upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the property maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 7. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 8. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. 11. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 12. A silent armed robbery alarm shall be installed. 13. There shall be no coin -operated games maintained on the premises at any time. 14. No pay telephones shall be located on the premises. 15. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 16. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 17. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 18. Exterior lighting shall be shielded and/or directed away from residential areas. Resolution No. 2019-066 Page 6 of 7 19. Truck deliveries shall not occur between 11:00 p.m. and 6:00 a.m. 20. The use shall be conducted, at all times, in a manner that will allow the quite enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 21. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 22. Sale of alcoholic beverages shall be prohibited. 23. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 24. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. 25. There shall be an on -site security guard during the following days and times: ■ Mondays from 10:00 a.m. to 6:00 p.m. • Tuesdays from 10:00 a.m. to 6:00 p.m. ■ Wednesdays from 10:00 a.m. to 6:00 p.m. • Thursdays from 10:00 a.m. to 6:00 p.m. • Fridays from 10:00 a.m. to 6:00 p.m. and 7:00 p.m. to 3:00 a.m. • Saturdays from 10:00 a.m, to 6:00 p.m. and 7:00 p.m. to 3:00 a.m. • Sundays from 10:00 a.m. to 6:00 p.m. and 7:00 p.m. to 3:00 a.m. ADDED BY PLANNING COMMISSION ON JUNE 10, 2019 and MODIFIED BY CITY COUNCIL ON JULY 16, 2019. 26. The conditional use permit shall be reviewed six (6) months after the date of issuance of Certificate of Occupancy of 7-Eleven, at which time a report shall be prepared and presented to the Planning Commission detailing any and all Code Enforcement and/or Police Department activity on -site and at which time the Planning Commission shall determine if the hours of security be modified or removed. ADDED BY PLANNING COMMISSION ON JUNE 10, 2019 and MODIFIED BY CITY COUNCIL ON JULY 16, 2019. 27. The Franchisee shall be an active member of the Casa Bonita Neighborhood Association. ADDED BY PLANNING COMMISSION ON JUNE 10, 2019. Resolution No. 2019-066 Page 7 of 7