HomeMy WebLinkAboutRESO 2020-19_2230 N TUSTIN AVE (CUP)LS 5.26.2020
RESOLUTION NO. 2020-19
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA APPROVING
CONDITIONAL USE PERMIT NO. 2019-41 AS
CONDITIONED TO ALLOW CONSTRUCTION OF A
SERVICE STATION IN THE ARTERIAL
COMMERCIAL (C-5) ZONING DISTRICT FOR THE
PROPERTY LOCATED AT 2230 NORTH TUSTIN
AVENUE
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. Behrouz Bozorgnia, representing Farzan Ghadooshahy ("Applicant'), is
requesting approval of Conditional Use Permit No. 2019-41 to allow
construction of a service station in the Arterial Commercial (C-5) zoning
district at 2230 North Tustin Avenue.
B. Santa Ana Municipal Code (SAMC) Section 41-424.5(f) requires approval
of a conditional use permit for service station uses in the Arterial
Commercial (C-5) zoning district.
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 Santa Ana Municipal Code.
D. On May 26, 2020, the Planning Commission held a duly noticed public
hearing for Conditional Use Permit No. 2019-41.
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. 2019-41, for
service station use, 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 service station and convenience store will
provide a service to persons that are working or residing in the
area. The project will redevelop a vacant lot with a new
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building and enhanced landscaping which will contribute to the
aesthetics of the area. This will benefit the community by
allowing the construction of an additional service use and retail
building on a vacant lot that will provide additional
conveniences for residents, visitors, and employees in the
vicinity.
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 service station is located on a comer lot
surrounded by commercial developments and will not be
detrimental to the health, safety or welfare of those residing or
working in the vicinity. The closest residential land use is
approximately 120 feet to the west of the site. The service
station will utilize the latest technology related to the use to
ensure safe operations of the service station. The service
station will meet all emissions and air -quality requirements.
Finally, the Applicant is not proposing to operate past 12:00
a.m. (midnight) in order to prevent any noise impacts on the
sensitive residential land uses.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The service station will not adversely affect the economic
stability or future economic development of properties in the
surrounding area. The site is currently vacant and the new
building will establish a commercial use of the property. A
service station and convenience store will provide an
additional service and retail opportunity for the area and will
provide a commercial business that generates sales tax
revenue for the City.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed use complies with the regulations and
conditions in Chapter 41 including building heights, yards,
parking and landscaping. A condition of approval has been
added to the conditional use permit for a property
maintenance agreement to be recorded against the property
which will ensure that the property and all improvements are
properly maintained. Additionally, the development will also
meet sustainability measures pursuant to the California Green
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Code, such as providing solar photovoltaic panels on the roof
and electric vehicle charging stations.
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 service station and convenience store 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. Policy 1.10
encourages the location of commercial centers at arterial
roadway intersections in commercial districts. The project will
provide for a new commercial building on two arterial streets.
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 service use and
convenience store will contribute to the viability of the
adjacent commercial development to the south and other
similar uses nearby. Policy 2.9, supports developments that
create a business environment that is safe and attractive. The
Condition of Approval for property maintenance 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 development of districts that project a sense of place,
positive community image and quality environment.
Specifically, Policy 1.5 enhances architectural forms,
textures, colors, and materials for all projects.
Section 2. In accordance with the California Environmental Quality Act, the
project is exempt from further review per Section 15303 of the Guidelines for the
California Environmental Quality Act. The Class 3 exemption applies to the construction
of small structures, which in an urbanized area is defined as up to four buildings not
exceeding 10,000 square feet in floor area, on sites zoned for such use, not using
significant amounts of hazardous substances, where public services are available and
the surrounding area is not environmentally sensitive.
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The proposed service station development is comprised of a 2,600-square foot
convenience store and 2,160-square foot fueling canopy within the Arterial Commercial
zone which allows for service, retail and commercial uses. There are public services
available through the City of Santa Ana and the Orange County Fire Authority, and the
surrounding area is not environmentally sensitive. As a result, Categorical Exemption,
Environmental Review No. 2017-83 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, referendum, and other 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. 2019-41, as conditioned
in Exhibit A, attached hereto and incorporated herein for the project located at 2230
North Tustin Avenue. 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 May 26, 2020, and exhibits attached thereto; and the public
testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 26th day of May, 2020.
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AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: c—c�^r.�
Lisa Storck
Assistant City Attorney
MCLOUGHLIN, NGUYEN, PHAN, RIVERA (4)
CANO (1)
GARCIA (1)
CONTRERAS-LEO (1)
P
Mark McLoughlin
Chairperson
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2020-19 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on May 26, 2020,
05-26-2020
Date:
,= r
Recording Secretary
City of Santa Ana
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2019-41
Conditional Use Permit No. 2019-41 for a service station 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
following conditions of approval must be met:
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 the Site Plan Review (DP No. 2017-
26) 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
the conditional use permit must be amended.
3. Prior to the issuance of a building permit, a 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. The landscape plans shall note construction of a
minimum seven (7) foot tall perimeter wall along the west and southern property lines,
except where prohibited by driveways and required landscape setbacks, and shall be
coated with anti -graffiti coating. The landscape plan shall include the installation of
substantial vines throughout the perimeter walls and portions of the main building's
exterior with no fenestrations. (Modified by Planning Commission)
4. Prior to the issuance of a certificate of occupancy, signs must be installed at both
driveway exits to indicate "Right Turn Only".
5. The hours of operation for the convenience store and service station, including fuel
pumps, shall be limited to between 5:00 a.m. and 12:00 a.m. (midnight), seven days
per week.
6. 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.
7. The Applicant shall be responsible for maintaining the premises free of graffiti. All
graffiti shall be removed within 24 hours of occurrence.
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8. 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.
9. 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.
10. 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.
11.A silent armed robbery alarm shall be installed prior to issuance of a certificate of
occupancy.
12. There shall be no coin -operated games maintained on the premises at any time.
13. No pay telephones shall be located on the premises.
14. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The
posted signs must conform to Penal Code Section 602.
15.The Applicant shall provide a Closed Circuit Television System approved by the
Police Department and capable of viewing and recording events inside the premises
with a resolution which will clearly identify individuals for later identification.
16. 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 background,
shall be placed every six inches beginning at five feet and ending at six feet six
inches.
17. Exterior lighting shall be shielded and/or directed away from residential areas.
18. Deliveries of goods and services related to items sold inside the convenience store
shall not occur between 10:00 p.m. and 7:00 a.m., with fuel deliveries limited to the
hours between 6:00 p.m. and 10:00 p.m., daily. (Modified by Planning Commission)
19.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.
20. A copy of the conditions of approval shall be kept on premises and presented to any
authorized City official upon request.
21. The sale of alcoholic beverages shall be prohibited.
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22.The outdoor storage or display of boxes, equipment, materials, merchandise, and
other similar items shall be prohibited.
23.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, Developer (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 Developer 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.
(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
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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.
(h) The execution and recordation of the maintenance agreement shall be a
condition precedent to the issuance of final approval for any construction permit
related to this entitlement.
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