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HomeMy WebLinkAboutRESO 2019-40_3309 S BRISTOL STREET, UNIT BLS 9.9.19 RESOLUTION NO. 2019-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-25 AS CONDITIONED TO ESTABLISH A SECONDHAND STORE AT THE PROPERTY LOCATED AT 3309 SOUTH BRISTOL STREET, UNIT B 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. Akihiki Sasaki with Tsukuru USA Corporation, representing Eco Town USA (Applicant), is requesting approval of Conditional Use Permit (CUP) No. 2019-25 to establish a secondhand store located at 3309 South Bristol Street, Unit B. B. Santa Ana Municipal Code (SAMC) Section 41-365.5(d) requires approval of a CUP for secondhand stores. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the SAMC. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-25. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-25, for a secondhand store, have been established as required by SAMC Section 41-638: 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 secondhand store will contribute to the general well-being of the community by providing a basic community service to individuals that are working or residing in the area. Eco Town will occupy a tenant space that has been vacant for quite some time. In addition, the conditions of approval will mitigate any potential impacts created by the secondhand Resolution No. 2019-40 Page 1 of 5 store and will ensure that the use does not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed secondhand store will not create any negative or adverse impacts to the surrounding community because the use complies will all applicable regulations intended to ensure that the store will be safe, well maintained and will not result in an increase demand of Police Department calls for service. Moreover, conditions have been placed in order to mitigate any potential impacts that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The secondhand store will help the stability and future economic development of the area by keeping a tenant space leased with a long-term tenant that provides goods and services to the community. In addition, the secondhand store will generate city tax revenue and will provide full-time and part-time jobs to the community. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The project complies with all applicable regulations and conditions specified in Chapter 41 of the SAMC and the conditions of approval will ensure the secondhand store does not deviate from the approved plans. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed secondhand store will not adversely affect the General Plan. The secondhand store is consistent with the purpose of the General Plan Land Use Element, as it will further the goals and policies of the plan and not obstruct their attainment. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs of goods and services. The secondhand store will provide services and goods to the community. Resolution No. 2019-40 Page 2 of 5 Section 2. In accordance with the California Environmental Quality Act (CEQA), the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities) which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The proposed project does not involve a change in use or expansion of use and it is to allow the operation of a secondhand store with minor proposed tenant improvements. Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-16, will be filed for this project. 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 Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-25, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 3309 South Bristol Street, Unit B. 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 September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 201940 Page 3 of 5 ADOPTED this 9th day of September, 2019. AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Rivera (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) C Mar cLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: C_ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-40 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 9, 2019. 1 s Date: q I y o Recording Secretary City of Santa Ana Resolution No. 2019-40 Page 4 of 5 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-25 Conditional Use Permit No. 2019-25 for an 18,140-square foot secondhand store located at 3309 South Bristol Street, Unit B 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, they 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. All proposed site improvements must conform to Development Project Review (DP No. 2019-04) and the staff report exhibits. 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. All signage shall comply with the sign regulations found in SAMC Section 41-850 and with the approved Sign Program (Sign Program No. 2003-01). 4. Security video shall be installed and operable on site and videos shall be retained for a period of ninety (90) days. 5. Prior to the issuance of a Certificate of Occupancy, the owner/operator shall receive approval of a Secondhand Dealer License by the City's Police Department. 6. The hours of operation shall be restricted to the hours from 8:00 a.m. to 8:00 p.m., seven (7) days per week. 7. There shall be no merchandise, storage containers or donations bins located at the exterior of the building. All merchandise shall be stored within the building. The outdoor display and/or collection of merchandise shall be prohibited. 8. Bulk good donations such as furniture and appliances shall not be collected at this site. 9. Placard signs shall be installed at the front and rear of the building stating that it is unlawful to deposit furniture, goods, and/or donated items outside the building. 10. The windows of the business shall be free of any obstructions, tinting, or painting, except for window signage allowed by the Section 41-872 of the SAMC. Resolution No. 2019-40 Page 5 of 5