HomeMy WebLinkAbout2020-060 - Approving Conditional Use Permit No. 2019-21 LS 7.21.20
RESOLUTION NO. 2020-060
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2019-21 AS
CONDITIONED TO ALLOW 24-HOUR
OPERATIONS AT A NEW 7-ELEVEN
CONVENIENCE STORE AND SERVICE
STATION LOCATED AT 813 NORTH EUCLID
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. Adan Madrid with ASI Development, representing 7-Eleven, Inc. ("Applicant"),
is requesting approval of Conditional Use Permit No. 2019-21 to allow a 7-
Eleven convenience store and service station to operate 24 hours per day,
seven days per week, at the property located at 813 North Euclid Street.
B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) requires approval
of a conditional use permit for retail markets having less than twenty thousand
(20,000) square feet of floor area which are open at any time between the
hours of 12:00 midnight and 5:00 a.m.
C. Pursuant to SAMC Section 41-638, the City Council is authorized to review
and approve the conditional use permit for this project as set forth by the
SAMC.
D. On January 27, 2020, the Planning Commission held a duly-noticed public
hearing for Conditional Use Permit No. 2019-21. After staff presentation and
public input, the Planning Commission voted 6:0:1 (Rivera absent) to continue
the item to the February 10, 2020 Planning Commission meeting in order to
provide the Commission additional information pertaining to vehicle
circulation, perimeter fencing, landscaping and lighting.
E. On February 10, 2020, the Planning Commission held a duly-noticed public
hearing for Conditional Use Permit No. 2019-21 to consider all testimony,
written and oral, related to Conditional Use Permit No. 2019-21, and the related
Mitigation Monitoring and Reporting Program for the project, at which time all
persons wishing to testify were heard, the project was fully considered, and all
other legal prerequisites to the adoption of this Resolution occurred. After
such hearing, the Planning Commission voted to recommend that City
Council approve the project.
Resolution No.2020-060
Page 1 of 9
F. On March 17, 2020, the City Council of the City of Santa Ana held a duly-
noticed public hearing to consider all testimony, written and oral, related to
Conditional Use Permit No. 2019-21, and the related Mitigation Monitoring and
Reporting Program for the project, at which time all persons wishing to testify
were heard, the project was fully considered, and all other legal prerequisites
to the adoption of this Resolution occurred.
G. At such hearing the City Council adopted Resolution 2020-020 approving and
adopting Mitigated Negative Declaration Environmental Review No. 2018-28
and adopting a Mitigation Monitoring and Reporting Program relative to
Amendment Application No. 2019-03; approved Amendment Application No.
2019-03 rezoning the property from Two-Family Residential (R-2) to
Community Commercial (C-1); and continued this resolution for Conditional
Use Permit No. 20190-21 for 24-hour operation until Applicant had performed
community outreach.
H. Based on Council feedback, the Applicant performed door-to-door outreach to
residents within a 500-foot radius of the subject site. The Applicant made
contact with approximately 200 residents and was able to provide information
on the project and background on the request for 24-hour operation. A flyer
was also available in English and Spanish that provided a brief description of
the project, and invited the residents to reach out to the Applicant to discuss
the project. Based on this door-to-door outreach, the Applicant has submitted
a petition in support of the project with signatures collected from those
residents in support of the 24-hour operation of the convenience store and
service station. Furthermore, the Applicant was able to discuss the project
with the operators of the nearby Buddhist Temple, which has now expressed
support for the project.
I. On July 21, 2020, the City Council of the City of Santa Ana held a duly-
noticed public hearing to consider all testimony, written and oral, related to
Conditional Use Permit No. 2019-21 at which time all persons wishing to testify
were heard, the project was fully considered, and all other legal prerequisites
to the adoption of this Resolution occurred.
J. The City Council of the City of Santa Ana considered the information and
determines that the following findings, which must be established in order to
grant Conditional Use Permit No. 2019-21, to allow extended hours of
operation, 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 convenience store and service station will provide an
additional amenity to individuals wishing to have an early coffee and/or meal.
Allowing the store and fuel pumps to be open 24 hours per day, seven days
per week, will create a one-stop shop location for residents and commuters.
Additionally, the extended hours will thereby benefit the community by
providing a convenience store offering service past 12:00 midnight, which is
Resolution No. 2020-060
Page 2 of 9
LS 7.21.20
consistent with other similar uses in the City. By offering extended hours of
operation, 7-Eleven will better serve the community by providing added
convenience and a one-stop shopping experience. The project will
redevelop a vacant site with a new convenience store with ancillary gas
sales. Site improvements include enhanced landscaping, pedestrian access
pathways, exterior lighting and security cameras. These features will help
activate and beautify the street corner.
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 after-hours operations will not be detrimental to the health,
safety or welfare of those residing or working in the vicinity. Conditions have
been placed on the CUP that will mitigate any negative impacts to the
surrounding community. 7-Eleven is an established convenience store chain
with established policies and procedures, including an employee training
program focused on security, which will ensure minimal calls for service.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding the area.
The proposed use will not adversely affect the present economic stability
or future economic development of properties surrounding the area. The
approval of this application supports Policy 4.5 of the Economic
Development Element of the General Plan. This policy encourages
making land use decisions based not on purely fiscal considerations and
stresses the importance of the qualitative implications that are associated
with new uses. The approval of a 24-hour operation for the convenience
store at this location will positively influence the present and future
economic stability of the property and will diversify the products and
services offered within the general area. Further, this will allow 7-Eleven to
remain competitive with similar uses in the area which offer similar goods
found in convenience stores.
4. That the proposed use will comply with the regulations and conditions
specified in Chapter 41 for such use.
The proposed after-hours conditional use permit will be in compliance with
all applicable regulations of Chapter 41 of the SAMC regarding
establishments that operate on a 24-hour basis. Conditions of approval have
been added to ensure the project remains in compliance with all applicable
code and regulations related to 24-hour operations and to mitigate any
potential impacts to the general vicinity.
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.
Resolution No.2020-060
Page 3 of 9
The proposed project will not adversely affect the General Plan. The project
is located in a General Commercial (GC) General Plan land use designation
which allows for commercial uses such as retail, service and eating
establishments. The project is consistent with several goals and policies of
the General Plan, including the Economic Development Element, Land Use
Element, and Urban Design Element. Land Use Element Goal 1 promotes a
balance of land uses to address basic community needs. Land Use Element
Goal 2 promotes land uses that enhance the City's economic and fiscal
viability. Policy 2.8 promotes rehabilitation of commercial properties, and
encourages increased levels of capital investment. The convenience store
will contribute to the viability of the commercial corridor in which it is located.
Policy 2.9 supports developments that create a business environment that
is safe and attractive. The property maintenance condition of approval will
maintain a safe and attractive environment in the community. Economic
Development Element Goal 2 maintains and enhances the diversity of the
City's economic base. Policy 2.3 encourages the development of mutually
beneficial and supportive business clusters within the community. Urban
Design Element Goal 1 improves the physical appearance of the City
through the development of districts that project a sense of place, positive
community image and quality environment.
Section 2. In accordance with the California Environmental Quality Act, a
Mitigated Negative Declaration (Environmental Review No. 2018-28) and a Mitigation
Monitoring and Reporting Program were prepared and previously adopted by the City
Council with respect to 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.
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LS 7.21.20
Section 4. The City Council of the City of Santa Ana after conducting the public
hearing hereby approves Conditional Use Permit No. 2019-21, as conditioned in Exhibit
A, attached hereto and incorporated herein, for the project located at 813 North Euclid
Street. This decision is based upon the evidence submitted at the abovesaid hearing,
which includes, but is not limited to: the Request for Planning Commission Action dated
February 10, 2020, the Request for City Council Action dated March 17, 2020, the
Request for City Council Action dated July 21, 2020, and exhibits attached thereto; and
the public testimony, written and oral, all of which are incorporated herein by this
reference.
ADOPTED this 21st day of July, 2020.
Mig . Pulid
Ma r
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
•
ByJ _ r
Lisa Storck
Assistant City Attorney
AYES: Councilmembers Bacerra, Mendoza, Penaloza, Pulido,
Sarmiento, Villeqas (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2020-060 to be the original resolution adopted by the City Council of the
City of Santa Ana on July 21, 2020.
(' I 1
Date: 1 ' '3,Q3 C ( 1 /V •'
Daisy Gomez ( / (J
Clerk of the Council
City of Santa Ana
Resolution No.2020-060
Page 5 of 9
EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2019-21
Conditional Use Permit No. 2019-21 for after-hours operations 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 each of 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. 2018-08 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. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be
submitted for review and approval. 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, and the
proposed trash enclosure shall be screened by a four (4) foot high landscape
hedge and incorporate vines. The plan shall also incorporate a row of Italian
cypress trees, or similar species to be planted along the southern perimeter of the
property to provide additional screening to the residential uses to the south
(Modified by staff on February 10, 2020).
4. Prior to issuance of a building permit for the structures, the existing perimeter wall
shall be increased to seven feet in height. (Added by staff on February 10, 2020).
5. All existing and new perimeter walls shall be painted or coated in anti-graffiti
coating, and vines shall be planted along all such walls.
6. To deter loitering and illegal dumping, the landscape plan shall include dense
landscaping and a minimum five (5) foot tall wrought iron fence at the southeast
corner of the subject site between the southerly edge of the building and the
southern property line.
7. The location of the trash enclosure and the air/water machine must be designed to
minimize any potential impacts to the residential uses to the south of the subject
Resolution No. 2020-060
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LS 7.21.20
site. Final location of the trash enclosure shall be subject to the approval of the
Planning Manager.
8. The air/water machine must provide an automatic shut-off component to cease
operation between the hours of 10:00 p.m. and 7:00 a.m.
9. 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
satisfactory to the City Attorney. The 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 maintenance
agreement and both shall be jointly and severally liable for compliance with its
terms.
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f. The 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 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 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.
10.The Applicant shall be responsible for maintaining the premises free of graffiti. All
graffiti shall be removed within 24 hours of occurrence.
11.The cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
12.Window displays and racks must be kept at a maximum height of three (3) feet
including merchandise and cannot obstruct the cashier's view to the outside.
13.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.
14.A silent armed robbery alarm shall be installed prior to issuance of a certificate of
occupancy.
15.There shall be no coin-operated games maintained on the premises at any time.
16.No pay telephones shall be located on the premises.
17."No Loitering/Trespass" signs/placards shall be posted in the parking lot area.
The posted signs must conform to Penal Code Section 602.
18.Provide a Closed Circuit Television System approved by the Police Department
which is capable of viewing and recording events inside the premises with a
resolution which will clearly identify individuals for later identification.
19.Clearly distinguishable height markers shall be installed on the inside doorjamb
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
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LS 7.21.20
background, shall be placed every six inches beginning at five feet and ending at
six feet six inches.
20.Exterior lighting shall be shielded and/or directed away from residential areas.
21.Goods and fuel deliveries shall not occur between 10:00 p.m. and 7:00 a.m.
22.The use shall be conducted, at all times, in a manner that will allow the quiet
enjoyment of the surrounding neighborhood. The Applicant and/or business
owner shall institute appropriate security and operational measures necessary to
comply with this requirement.
23.A copy of the conditions of approval shall be kept on premises and presented to
any authorized City official upon request.
24.The sale of alcoholic beverages shall be prohibited.
25.The outdoor storage or display of boxes, equipment, materials, merchandise, and
other similar items shall be prohibited.
26.Applicant, at his or her sole expense, shall be responsible for removing
trash/litter on the subject property and within 50 feet of the subject property on a
daily basis.
27.Applicant shall provide the City and owners/occupants of surrounding properties
with a 24-hour emergency contact.
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