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HomeMy WebLinkAboutRESO 2021-09_400 E 17TH STREETResolution No. 2021-09 Page 1 of 8 RESOLUTION NO. 2021-09 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. Alex Cuevas with AGC Design Concept, Inc. (“Applicant”), representing Zafar Ahmed (“Property Owner”), is requesting approval of Conditional Use Permit No. 2021-05 to allow an existing convenience store and service station to operate 24 hours per day, seven days per week, at the property located at 400 East Seventeenth 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 that operate between the hours of 12:00 a.m. (midnight) and 5:00 a.m. C. Applicant is proposing to continue 24-hour per day, 7-day per week operation as part of a remodeling project, which pursuant to SAMC Section 41-681 triggers the need to apply for a new Conditional Use Permit (CUP). D. 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. E. On April 26, 2021, the Planning Commission held a duly noticed public hearing on CUP No. 2021-05. F. 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 CUP No. 2021-05 to operate between the hours of 12:00 a.m. and 5:00 a.m., have been established as required by SAMC Section 41-638: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2021-05 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT AN EXISTING CONVENIENCE STORE AND SERVICE STATION LOCATED AT 400 EAST SEVENTEENTH STREET Resolution No. 2021-09 Page 2 of 8 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 subject site has operated with 24-hour operation since 1968, and the store is now proposing a remodeling project, requiring full conformance with SAMC standards as required by Section 41-688 of the SAMC. By allowing the business hours to remain extended after the proposed store’s remodeling is complete, the site will to be convenient for patrons wishing to have an early coffee and/or meal along with gasoline sales and service. It will create a one-stop shop location for residents and commuters as the site’s location is in close proximity of the freeway and residential neighborhoods. The site will also be improved to include additional landscaping, architectural façade treatments, and parking lot enhancements. The overall improvements will generate and attract desired business activity 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 potential negative impacts to the surrounding community including security cameras, silent armed robbery alarm, and additional lighting across the site. Chevron Extra Miles is an established convenience store chain with policies and procedures that include an employee training program focused on security and minimizing calls for service. 3. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of a 24-hour operation for the establishment at this location will improve the economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow Chevron Extra Mile 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 conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding Resolution No. 2021-09 Page 3 of 8 establishments that operate on a 24-hour basis. The service station with convenience store are permitted and will continue to provide retail services to the community. Approval of the CUP will bring the use into compliance with operational standards and conditions of approval will 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. The proposed project will not adversely affect the General Plan. The General Plan land use designation of the subject site is General Commercial (GC) which allows for commercial uses such as retail, service and eating establishments. The granting of CUP No. 2021-05 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. The proposed use will continue to provide gasoline services and expand convenience store goods and services to surrounding residents and visitors. Policy 2.9 supports developments that create a business environment that is safe and attractive. A condition of approval to provide a maintenance agreement will ensure property improvements are adequately maintained for a safe and attractive environment for the community and patrons to the business. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed use is located along a commercial corridor and freeway ramp, consistent with commercial uses, and its service operation is compatible with the surrounding neighborhood, as conditioned. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to 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. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-23, 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 No. 2021-09 Page 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 26, 2021. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 04-26-21 Resolution No. 2021-09 Page 6 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2021-05 Conditional Use Permit No. 2021-05 for after-hours operations 24 hours per day, 7 days per week 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. 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. 2. All existing and new perimeter walls shall be painted or coated in anti-graffiti coating, and vines shall be planted along all such walls. 3. 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. 4. Within 90 days of adoption of this resolution, 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.). Resolution No. 2021-09 Page 7 of 8 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. 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. 5. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. Resolution No. 2021-09 Page 8 of 8 6. 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. 7. 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. 8. 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. 9. A silent armed robbery alarm shall be installed prior to issuance of building permit. 10. Security cameras shall be installed prior to issuance of prior to issuance of building permit. 11. There shall be no coined-operated games maintained on the premises at any time. 12. Pay telephones shall be removed prior to the issuance of building permit. 13. “No Loitering/Trespass” signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 14. 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. 15. All new and existing exterior lighting shall be shielded and/or directed away from residential areas with the installation of light shields. 16. Goods and fuel deliveries shall not occur between 10:00 p.m. and 7:00 a.m. 17. 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. 18. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 19. The sale of alcoholic beverages shall be prohibited, unless a conditional use permit is reviewed and approved by the Planning Commission. 20. The outdoor storage or display of boxes, equipment, materials, merchandise, and other similar items shall be prohibited.