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HomeMy WebLinkAbout95-004 - Approving Conditional Use Permit No. 94-22 RESOLUTION NO. 95-004 A RESOLUTION OF THE CITY ~OUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 94-22 AND VARIANCE NO. 94-15, TO ALLOW A CAR WASH, SERVICE STA- TION AND MARKET AT 601-617 EAST SEVEN- TEENTH STREET WHEREAS, this Council held a public hearing on January 3, 1995, on Conditional Use Permit Application No. 94-22, to allow a car wash, service station and market at 601-617 East Seventeenth Street, and Variance Application No. 94-15, to allow placement of driveways at variation from zoning code standards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing, this Council finds and determines as set forth in Exhibit A, attached hereto and incorporated herein, with regard to Conditional Use Permit application No. 94-22. 2. Based upon the evidence submitted at the abovesaid hearing, this Council finds and determines as set forth in Exhibit B, attached hereto and incorporated herein, with regard to Variance application NO. 94-15. 3. Conditional Use Permit NO. 94-22 and Variance No. 94-15 are hereby approved subject to the conditions set forth in Exhibit C, attached hereto and incorporated herein. 4. The Planning Commission shall review the subject project in six month's time to determine if there has been compliance with the conditions of approval. ADOPTED this 17th day ATTEST: ~anCe ~.~:~f~the Council COUNClLMEMBERS: of January , 1995. · Pulido Pulido Aye Richardson Aye Espinoza ~ Aye Lutz Aye McGuigan Aye Mills Aye Moreno Aye APPROVED AS TO FORM: EdwardrJ~ Coyer City Attorney 389 390 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~..q'--~ ~/ to be the original resolution adopted by the City Council of the City of Santa Ana on / t ~// Clerk of the Co'unci/l~7'-- City of Santa Ana 391 Conditional Use Permit No. January 3, 1995 Page 1 of 1 94-22 EXHIBIT A Findings Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The granting of a conditional use permit for the carwash and service station with a mini-market will contribute to the general well-being of the neighborhood by providing services otherwise unavailable at one location in the. immediate area. In addition, the project will redevelop a blighted area with a state of the art commercial complex suitable for the area. Will the proposed use, 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 operation of a carwash and service station at this site will not be detrimental to the health, safety or general welfare of persons residing or working in the local area, as it poses no anticipated threat to the safety of neighboring residents, business operators or patrons. The proposed hours of operation for the different facilities and the orientation of the service station and carwash facilities on the front half of the site will minimize potential impacts on the neighboring residents. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? The requested use of the subject property to include a carwash and service station will not have an adverse impact on the site or the surrounding properties. Redevelopment of the property will heighten the quality of the area by upgrading and enhancing the aesthetic quality of this commercial property. Will the proposed use comply with the regulations and conditions specified in this chapter for such a use? Should all the proposed discretionary actions be approved, the site complies with all regulations and conditions specified in chapter 41, and in some instances, exceeds the intent and letter of the Code for such uses. Will the proposed use adversely affect the General Plan of the City or any specific plan applicable to the area of ~he proposed use? Granting of the Conditional Use Permit will not negatively affect the General Plan for the area, but will meet the intent of the General Business District land use designation. The propoeed development will help to ensure property values within the area by redeveloping a blighted parcel of land along a major arterial of the City. 39; Variance No. 94-15 January 3, 1995 Page 1 of 1 Findinqs EXHIBIT B Will because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter? The subject property, located at 601 - 617 East Seventeenth Street, would be preveated from gaining its main access to the property from Seventeenth Street due to its placement between the Seventeenth and Santiago Street intersection and the 5 freeway on-ramp. Seventeenth Street is a major arterial, while Santiago is a residential feeder street. Without access from Seventeenth Street, the property could not be developed in with this use and would be deprived of privileges accorded to other nearby properties. In addition, the placement of the driveway approach on Santiago Street outside of the 1~0 ft requirement would prevent the property from being developed to its full potential. Is the granting of a variance necessary for the preservation and enjoyment of one or more substantial property rights? The property must be granted access to the public right of way. Based upon the size and placement of the parcel between an intersection and freeway on~ ramp, a variance is necessary to preserve this substantial property right. Will the granting of a variance be detrimental to the public welfare or injurious to surrounding properties? The granting of a variance to allow the construction of a carwash, gas station and retail market with adequate access will not be detrimental to surrounding properties but will help protect the residential properties to the north from loud noises leaving and entering the site. Will the granting of a variance adversely affect the General Plan of the City? The granting of a variance for vehicle access to this site will not affect the goal, policies and objectives of the City's general plan. It will help to protect the residential properties to the north by moving vehicle traffic to a major arterial and movement of vehicles away from the residential neighborhood. GPA No. 94-5, AA No. 1069, VA No. 94-15, CUP NO. 94-22, TTM No. 15044 January 3, 1995 Page 1 of 4 EXHIBIT ~onditlons for Approval Should General Plan Amendment No. 94-5, Variance No. 94-15, Conditional Use Permit No. 94-22 and Tentative Tract Map No. 15044 be approved, the project must comply with all applicable sections of the Santa Aha Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Suilding Code and all other applicable regulations. In addition, it,shall meet the following conditions: A. Plannin~ Division Prior to recordation of the final map, Covenants, Conditions and Restrictions (CC&R's) shall be submitted for staff review and approval. The final tract map shall be recorded within one Year of the date of approval of the tentative map by City Council. Two copies of the recorded final tract map shall be submitted each to the Planning Division, Suilding Division, and Public Works Agency within 10 days of recordation. The tentative map, final map and, all improvements required to be made or installed by the subdivider shall be in accordance with the design standards and specifications of the Santa Aha Municipal Code and the requirements of the State Subdivision Map Act. Dryer noise levels at the carwash facility shall comply with the City's Daytime noise standard at all times. A silencer shall be utilized on the drying equipment and be maintained in good operating condition. The entry door of the carwash mechanical room shall have an automatic door closer. The door shall remain closed at all times. The use of car horns in the stacking, vacuum and drying areas by the car wash operators is prohibited. No detailing, waxing or washing of vehicles shall take place outside of the enclosed carwash structure. The development shall follow the approved plans and comments contained in Site Plan Review (DP 93-47). The applicant shall submit minor modifications to the case planner for approval. 10. The retail market's hours of operation shall be restricted to between the hours of 5:00 am and 12:00 am, seven days a week. 394 GPA NO. 94-5, AA NO. 1069, VA NO. 94-15, CUP NO. 94-22, TTM No. 15044 January 3, 1995 Page 1 of 4 ~gnditions for ADmroval Should General Plan Amendment No. 94-5, Variance No. 94-15, Conditional Use Permit No. 94-22 and Tentative Tract Map No. 15044 be approved, the project must comply with all applicable sections of the Santa Aha Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. In addition, it shall meet the following conditions: A, Planning Division Prior to recordation of the final map, Covenants, Conditions and Restrictions (CC&R's) shall be submitted for staff review and approval. The final tract map shall be recorded within one year of the date of approval of the tentative map by City Council. Two copies of the recorded final tract map shall be submitted each to the Planning Division, Building Division, and Public Works Agency within 10 days of recordation. The tentative map, final map and, all improvements required to be made or installed by the subdivider shall be in accordance with the design standards and specifications of the Santa Aha Municipal Code and the requirements of the State Subdivision Map Act. Dryer noise levels at the carwash facility shall comply with the City's Daytime noise standard at all times. A silencer shall be utilized on the drying equipment and be maintained in good operating condition. The entry door of the carwash mechanical room shall have an automatic door closer. The door shall remain closed at all times. The use of car horns in the stacking, vacuum and drying areas by the oar wash operators is prohibited. % NO detailing, waxing or washing of vehicles shall take place outside of the enclosed carwash structure. The development shall follow the approved plans and comments contained in Site Plan Review (DP 93-47). The applicant shall submit minor modifications to the case planner for approval. 10, The retail market's hours of operation shall be restricted to between the hours of 5=00 am and 12:00 am, seven days a week. 395 GPA No. 94-5, AA NO. 1069, VA No. 94-15, CUP NO. 94-22, TTM NO. 15044 January 3, 1995 Page 2 of 4 Public Works Aaencv 1. Prior to issuance of a building permit, complete the following: Apply to the City of Santa Aha for and record the street vacation of Poinsettia Street. b. Dedicate Seventeenth Street for a distance of 54'-0" from centerline to property line. Dedicate a 25'x 25' corner cut off at the south easterly corner of the site. do Dedicate easements for street and highway purposes around the disabled access drive approaches to be in compliance with Title 24 requirements. Dedicate Poinsettia Street cul-de-sac radius of 34' (where cul- de-sac exceeds 30' east of street centerline). 2. Prior to utilities release, complete the following: a. Improve Santiago Street as follows: 1. Remove and reconstruct uplifted sidewalk surrounding existing tree per approved improvement plan. 2. Install "NO STOPPING ANYTIME" zone. Reconstruct the existing drive approach per City Standard #112, Case 2, W=30', A=38', X=4' and approved improvement plan. Remove the existing power pole located at the southerly end of the northerly drive approach on Santiago Street and underground the service to the power pole located on the east side of the street per approved improvement plan. 5o Close existing southerly drive approach with curb gutter and sidewalk per appreved improvement plan. Provide sidewalk at the 25'x 25' corner cutoff at the southeasterly corner of the site pr approved improvement plan. Construct street tree wells and plant minimum 24 inch box trees per City Standard #1124 at locations in accordance with approved improvement plans.. Furnish ornamental street lighting with underground service as directed by the City Engineer. 396 GPA NO. 94-5, AA NO. 1069, VA NO. 94-15, CUP NO. 94-22, TTM No. 15044 January 3, 1995 Page 3 of 4 Improve Seventeenth Street as follows: Close the existing drive approaches with curb, gutter and sidewalk per approved improvement plan. Construct a 2'-0: wide strip of sidewalk between the existing back of sidewalk and the new property line on Seventeenth Street for a 10'-0" full width sidewalk. Construct one drive approach per City Standard #1112, Case 2, W=40', A~56', X=4' and approved improvement plan. 4. Install "NO STOPPING ANYTIME" zone on Seventeenth Street. Construct street tree wells and plant minimum 24 inch box trees per City Standard ~1124 at locations in accordance with approved improvement plans. So Furnish ornamental street lighting with underground service as directed by the city Engineer. Improve Poinsettia Street, including the westerly half of Poinsettia Street immediately adjacent to the subject development as follows= Remove existing street trees, sidewalk, and asphalt hardecape and construct 8'-0" full width sidewalk from curb to property line at the northwest corner of the westerly portion of the site fronting the cul-de-sac per City Standard #1104 and approved improvement plan. Construct street tree wells and plant minimum 24 inch box trees per City Standard ~1124 at locations in accordance with approved improvement plans. Furnish ornamental street lighting with underground service as directed by the City Engineer. close unused drive approach with full'width sidewalk, full height curb and gutter per approved improvement plan. Scrape and remove all, weeds, rubbish and debris over the entire westerly half of Poinsettia Street adjacent to the subject development per approved improvement plan. C. police Department The hours of operation of the car wash shall be restricted to between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday and 9:00 a.m. to 5:00 p.m. on Sundays except, during daily light saving time, the car wash may remain open an additional hour in the evening. Alcoholic beverages shall not be consumed on any property adjacent to the licensed premises under the control of the licensee. 397 NO. 94-5, AA NO. 1069, VA NO. 94-15, CUP NO. 94-22, TTM NO. 15044 January 3, 1995 Page 4 of 4 9. 10. 11. 12. 13. 14. 15. 16. The sale of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 a.m., seven days a week. The petitioners shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. There shall be nc exterior advertising of any kind of type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. There shall be no coin-operated games maintained on the premises at any time. The petitioners shall post a placard prohibiting loitering on the premises in both English and Spanish. The posted sign must conform to S~'~C section 10-96(C). It shall be the petitioner's responsibility to ensure that SAMC 10-96 is complied with at all times. Ail public telephones shall be located inside the premises. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. There shall be no alcoholic beverages consumed in the carwash area. The square footage devoted to the sales/storage of alcoholic beverages in the retail building shall not exceed 5 percent of the total floor space for that building. The cash register in the retail building shall be visible from the street. Window displays in the retail building shall be kept to a minimum for maximum visibility. A time access controller shall be installed in the retail building. Interior displays and racks shall be kept to a maximum of five feet in height including merchandise in t~e retail building. Install a silent armed robbery alarm in the retail building and cashier booth of the gas station.