HomeMy WebLinkAbout31A - 1702 N. BROADWAY
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
SEPTEMBER 19, 2005
TITLE:
VARIANCE NOS. 2004-13 AND 2004-15
AND CONDITIONAL USE PERMIT NO.
2004-27 TO ALLOW THE WORLD OIL
SERVICE STATION AND CONVENIENCE
STORE AT 1702 NORTH BROADWAY -
WORLD OIL MARKETING COMPANY,
APPLICANT _ ~)
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CITY MANAGER
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file the staff report
conditioned, variance No. 2004-15
Permit No. 2004-27 as conditioned.
approving Variance
as conditioned and
No. 2004-13
Conditional
as
Use
PLANNING COMMISSION ACTION
On August 22, 2005, the Planning Commission approved Variance No. 2004-13
as conditioned, Variance No. 2004-15 as conditioned and Conditional Use
Permit No. 2004-27 as conditioned by a vote of 6:0 (Cribb abstained) to
reduce the minimum lot si ze requirement, to waive the loading zone
requirement and to allow operations between 12:00 a.m. and 5:00 a.m. for
a World Service Oil service station and convenience store in the
Community Commercial (C1) zoning district at 1702 North Broadway. The
Planning Commission made no changes to the recommended conditions of
approval outlined in the attached staff report (Exhibit A) .
FISCAL IMPACT
There is no fiscal impact associated with this action.
~
Jf1Y M. Trevino
E utlve Dlrector
Planning & Building Agency
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31A-1
REQUEST FOR
Planning Commission Action
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PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
AUGUST 22, 2005
TITLE:
PUBLIC HEARING - FILED BY WORLD OIL
MARKETING COMPANY FOR VARIANCE NOS.
2004-13 AND 2004-15 AND CONDITIONAL USE
PERMIT NO. 2004-27 TO ALLOW THE WORLD
OIL SERVICE STATION AND CONVENIENCE
STORE AT 1702 NORTH BROADWAY
Prepared by Lucy Linnaus
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
~Executive Director
RECOMMENDED ACTION
4u<-~~
Planni Man er
Adopt a resolution:
1. Approving Variance No. 2004-13 to reduce the minimum lot size
requirement as conditioned.
2. Approving Variance No. 2004-15 to waive the loading zone requirement
as conditioned.
3. Approving Conditional Use Permit No. 2004-27 to allow operations
between 12:00 a.m. and 5:00 a.m. as conditioned.
DISCUSSION
Request of Applicant
World Oil Marketing Company is requesting approval of two variances from
the Santa Ana Municipal Code (SAMC) and a conditional use permit to allow
the proposed World Oil Service Station and convenience store to be located
at 1702 North Broadway. The variances are to reduce the minimum lot size
requirement and to waive the loading space requirement. Conditional Use
Permit No. 2004 -27 is to allow operation of the service station and
convenience store during the hours of 12:00 a.m. to 5:00 a.m.
Property Description
The proj ect site is located on the northwest corner of Broadway and
Seventeenth Street. It is a 14 ,879 square foot I rectangular shaped
parcel of land comprised of three lots to be consolidated via a lot line
EXHIBIT A
31A-2
Variance Nos. 2004-13 and 2004-15
Conditional Use Permit No. 2004-27
August 22, 2005
Page 2
adjustment. The project site contains a service station that has been
closed since May 2003 and is proposed to be demolished to accommodate
the new service station. Permi ts to remove the underground storage
tanks, waste oil tank and dispensers were issued in August 2004 as the
first step to clear the site of all improvements.
The zoning designation for the site is Community Commercial (C1), with a
General Plan land use designation of General Commercial (GC). The
proposed use is consistent with the General Plan land use designation.
Based on the circulation element of the City's General Plan, Seventeenth
Street is classified as a Major Arterial street, while Broadway is
classified as a Secondary Arterial street. Surrounding land uses include
offices to the north, retail to the east and west, and a service station
and multi-family residential across Seventeenth Street to the south
(Exhibits 1 and 2) .
Project Description
World Oil is proposing to construct a new service station with a canopy
and convenience store to replace the existing development on the site.
The service station will have six fuel dispensers capable of providing
service for a total of 12 vehicles at a time. The fuel dispensers will be
located under a 3,944 square foot canopy with a total height of 23 feet
6 inches. Additionally, the applicant is proposing a 683 square foot
convenience store.
Access to the project site will be provided from Broadway and Seventeenth
Street. In accordance with the City's service station parking standards,
a total of four parking stalls are required and have been provided. A
required 15-foot landscape setback will be provided along both street
frontages, as well as the required five-foot landscaped yard along the
north and east property lines. The service station and convenience store
are proposed to operate 24 hours a day, 7 days a week (Exhibits 3, 4, 5,
6, 7 and 8) .
Analysis of the Issues
Minimum Lot Size
The Santa Ana Municipal Code (SAMC) establishes 15,000
the minimum lot size for commercial development.
request to reduce the minimum lot size requirement
square feet as
The applicant's
from 15,000 square
31A-3
Variance Nos. 2004-13 and 2004-15
Conditional Use Permit No. 2004-27
August 22, 2005
Page 3
feet to 14,879 square feet represents a reduction of 121 square feet. A
variance to waive the minimum lot size requirement can generally be
granted when the site is properly designed since there are no negative
impacts to the community and it allows the applicant an economically
viable use of the land.
Due to the smaller lot size, the property has constraints on its
circulation design. Of special concern is the potential for intrusion
of vehicles queuing onto Broadway and Seventeenth Street as both streets
already serve a high volume of vehicles. In order to minimize the
potential for vehicle queuing intrusion into the streets, the Planning
Division, in cooperation with the applicant, has prepared parameters for a
study to monitor and measure queuing intrusion should it occur. The study
also includes mitigation measures should queuing intrusion occur, which
range from the development of a queuing management plan at the first
occurrence of intrusion to the removal of two pumps by the third
occurrence in a five-year period. The study and its mitigation measures,
in addition to other proposed conditions of approval for the project, are
intended to alleviate problems that may negatively affect traffic
circulation associated with the project.
Loading/Unloading Area
The SAMC requires all retail establishments where
delivered to provide an on-site loading/unloading area.
not interfere with circulation on-site or on streets and
merchandise is
This area must
alleys.
The applicant is requesting a walver of this requirement and is
proposing the use of the on-site parking when available and/or the on-
site circulation path in front of the convenience store for unloading
purposes. The site circulation paths and parking stalls are intended
for customer and employee use. If not properly monitored and
conditioned, the lack of a loading/unloading area on site may result in
congestion within the alley and adjacent streets.
The Planning Division is recommending conditional approval of this item.
The proposed conditions, such as requiring a delivery management plan,
in addition to the queuing intrusion monitoring, are intended to
minimize the potential impacts associated with the lack of loading area.
In order to keep the deliveries at a minimum, the applicant also proposes
to prohibit the sales of alcoholic beverages at the convenience store.
31A-4
Variance Nos. 2004-13 and 2004-15
Conditional Use Permit No. 2004-27
August 22, 2005
Page 4
Conditional Use Permit
A conditional use permit is required for retail markets having less than
20,000 square feet in area and that are open any time between the hours
of 12:00 a.m. and 5:00 a.m. The proposed 683 square foot convenience
store will operate 24 hours a day, 7 days a week.
The Planning Division and the Police Department have reviewed the
proposal and are recommending conditional approval. The proposed
conditions, such as the restriction of hours for the re-fueling of the
station and additional security measures recommended by the Police
Department, are intended to minimize the potential impacts associated
with the 24-hour operation of the convenience store and fuel dispensers.
At its January 24, 2005 meeting, the Planning Commission continued this
item to allow the applicant time to revise the project plans to
incorporate changes that were discussed during the meeting. The proposed
changes were intended to resolve outstanding issues identified by the
Planning Division, Public Works Agency and Police Department.
Furthermore, the Planning Commission requested staff to prepare findings
of facts, conditions of approval and the necessary environmental review
documents in anticipation of an approval of the actions.
Staff and the applicant have met several times since January 24, 2005 in
an effort to resolve all the outstanding issues identified at the meeting.
The vehicular circulation concern and its potential for impact to the
streets has been addressed with the proposed conditions of approval, which
include the queuing monitoring program and limiting all deliveries to the
site. Additionally, the applicant has modified the plans to address
outstanding pedestrian circulation, aesthetic and unresolved Public
Works Agency and Planning Division concerns identified during the
Development Review Committee (DRC) process. The plan revisions include
providing raised walkways instead of bollards, removing all intrusions
from the required sight triangle areas, enhancing the architecture of
the building, and re-designing the fuel delivery truck's path. The
applicant has also obtained approval from Red Flex camera system for the
location of the proposed driveway on Seventeenth Street, and from Waste
Management for trash pick up from the alley. The applicant will be
relocating the street trees and traffic signal cabinet to City approved
locations, and will be performing all required off-site improvements.
31A-5
Variance Nos. 2004-13 and 2004-15
Conditional Use Permit No. 2004-27
August 22, 2005
Page 5
For the record, the applicant has submitted an application for a lot line
adjustment to consolidate the three lots and is in the process of
obtaining the required approvals. The applicant will also be submitting a
Sign Permit application. The site will comply with the City's current
signage code for service stations. All signs shown on the elevation are
for reference only. As revised, the proj ect is in compliance with the
City's design and development standards.
Based upon the analysis of the proj ect and the proj ect' s compatibility
with the City's General Plan, it is recommended that the Planning
Commission approve Variance No. 2004-13 as conditioned, Variance No. 2004-
15 as conditioned and Conditional Use Permit No. 2004-27 as conditioned
(Exhibits 9, 10, 11, 12, 13 and 14) .
CEQA Compliance
In accordance with the Cal ifornia Environmental Quality Act, (Title 14
of the California Code of Regulations, Section 15302) the recommended
action is exempt from further review. The Class 2 exemption allows for
the replacement or reconstruction of existing facilities on the same
si te. Categorical Exemption Environmental Review No. 2003 -196 will be
filed for this project.
II
Vincent Frego
Senior Plann
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Variance No. 2004-13
August 22, 2005
Page 1 of 2
Findings of Fact
A. That because of special circumstances applicable to the subj ect
property, including size, shape, topography, location, or
surroundings, the strict application of the zoning ordinance is
found to deprive the subject property of privileges not otherwise
at variance with the intent and purpose of the provisions of this
chapter.
The size of the subject parcel creates a special circumstance
applicable to the property, as the applicant is unable to
increase the size of the lot without purchasing an additional
parcel of land. Streets on two sides and an alley on the
third side surround the rectangular shaped property.
Therefore, the only opportunity the applicant has to increase
the size of the land is to purchase the adj acent parcel of
land. This parcel of land is presently developed with a non-
conforming building and not for sale.
B. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of a variance to reduce the minimum lot size
requirement is necessary for the preservation and enjoyment of
the property right to develop the site. The variance will
allow the applicant the ability to operate a permitted use on
the site.
C. That the granting of a variance will not be materially detrimental
to the public welfare or injurious to surrounding property.
The granting of a variance to reduce the minimum lot size
requirement will not be materially detrimental to the public
welfare or potentially injurious to surrounding property.
Conditions, such as a queuing intrusion monitoring program and
its mitigation measures, in addition to other proposed
conditions of approval are intended to alleviate any problems
that may negatively affect the traffic circulation of the
immediate surrounding area and the community at large.
ftl~11 ~
Variance No. 2004-13
August 22, 2005
Page 2 of 2
D. That the granting of the variance will not adversely affect the
General Plan of the City.
The granting of the variance will not adversely affect the
General Plan of the City as the project complies with the Land
Use Element Goal No. 5 to ensure that the impacts of the
development are mitigated. Conditions of approval have been
developed to ensure the efficient traffic circulation of an
Enhanced Intersection. In addition, the land use designation
of General Commercial (GC) allows for the proposed service
station and convenience store.
31A-16
AUGUST 22, 2005
PAGE 1 OF4
Conditions for Approval
Variance No. 2004-13 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the
Santa Ana Municipal Code, the California Administrative Code, the Uniform
Fire Code, the Uniform Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below
throughout the life of the variance. Failure to comply with each and
every condition may result in the revocation of the variance.
A. Planning Division
1.
All proposed site improvements must conform
submitted for the Planning Commission approval
22, 2005 meeting.
to the plans
at its August
2.
Any amendment to this variance must be
Planning Division, Fire Department, Public
Police Department for review. At that
determine if administrative relief is
variance must be amended.
submitted to the
Works Agency and
time, staff will
available or the
3. This variance is to reduce the minimum lot size from 15,000
square feet to 14,879 square feet. Any further reduction not
resulting from required dedications for this project as
identified on the site plan and DP 2003-59 will require an
additional variance.
4. The fuel delivery shall occur between 11:00 p.m. and 5:00 a.m.
5. The number of storage tanks to be located in the trash area
shall be limited to four (4).
6. The applicant shall submit a Delivery Vehicle Management Plan
to the Planning Manager prior to the issuance of a certificate
of occupancy. The plan shall specify the anticipated times of
deliveries for all suppliers. The applicant shall make the
best effort to arrange the delivery of goods during off-peak
traffic and service station hours.
EXHIBIT 10
31A-17
AUGUST 22, 2005
PAGE20F4
7.
A Lot Line Adjustment to consolidate lots 18,
be filed and recorded prior to the issuance
permit.
19 and 20 shall
of a building
8. The City will conduct a queuing intrusion study at the
applicants' expense wi thin six months of issuance of
Certificate of Occupancy and then yearly for the next five
years. If a queuing intrusion occurs, then an additional
yearly study(s) shall be required. There shall be five
consecutive years of queuing intrusion studies confirming no
queuing intrusion is occurring at this site. Additional
studies may also be required if queuing intrusion occurs or if
directed by the Planning Commission or City Council. The cost
of any additional studies shall be at the applicant's expense.
9. The following identify the parameters of the queuing intrusion
monitoring program and the mitigation measures should queuing
intrusion occur.
a. A vehicle that is stopped and waiting to access a fueling
pump is considered to be in queue. A vehicle is deemed
to be causing intrusion if its position in queue is such
that, while it is waiting to fuel, one or more tires are
stopped on any portion of the sidewalk, driveway apron or
street which provides access to the project site for any
period of time. A vehicle that is stopped with all four
tires in the public street adjacent to the driveway that
provides access to the project site will be deemed to be
causing queuing intrusion if it does not proceed when it
is safe to do so, i.e. at a green light, but continues to
be stopped and waiting to enter the site.
b. The queuing intrusion study by the City's consultant,
which will include a visual verification of the existence
of the queuing intrusion as described above, will be
conducted for a period of seven consecutive days at the
times specified by the City, for a minimum of 35 hours
and a maximum of 40 hours per study.
c. If queuing intrusion, as defined above in Paragraph A,
occurs more than once during the queuing intrusion study,
the City will determine that queuing intrusion has
occurred. After the first queuing intrusion occurrence,
the City will send the applicant wri tten notification.
31A-18
AUGUST 22, 2005
PAGE30F4
The applicant will have one month to submit a queuing
management plan to the Planning Manager. The queuing
management plan shall describe the traffic control and
fueling operation methods that the applicant will use in
order to eliminate all queuing intrusion. Said plan
shall be reviewed and approved by the Planning Manager
and implemented by the applicant irrunediately following
the Planning Manager's approval.
d. The City's consultant will conduct a subsequent queuing
intrusion study no sooner than one month from the date of
the approval of the queuing management plan, but no later
than three months from such date.
e. If the City consultant determines that queuing intrusion,
as defined above in Paragraph A has occurred a second
time any time during the required study period (minimum
five years), the City will send the applicant written
notification of the queuing intrusion. Upon receipt of
the notification, the applicant shall irrunediately cease
to dispense fuel from Pump 1 identified on Exhibit "A".
In addition, the applicant shall provide proof of the
submittal of a completed application(s) for the removal
of said pump to the proper agencies wi thin thirty (30)
days of receipt of the notification. The applicant shall
complete the removal of said pump within thirty (30) days
of obtain permit approval.
f. If the City consultant determines that queuing intrusion,
as defined above in Paragraph A has occurred a third time
any time during the required study period (minimum five
years) , the City will send the applicant written
notification of the queuing intrusion. Upon receipt of
the notification, the applicant shall irrunediately cease
to dispense fuel from Pump 2 identified on Exhibit "A".
In addition, the applicant shall provide proof of the
submi ttal of a completed application (s) for the removal
of said pump to the proper agencies wi thin thirty (30)
days of receipt of the notification. The applicant shall
complete the removal of said pump within thirty (30) days
of obtain permit approval.
31A-19
AUGUST 22, 2005
PAGE40F4
g. If the applicant fails to remove the identified pump
within the allocated time, the City will hire a licensed
contractor to remove the fueling pump(s) and related
equipment. Prior to the issuance of a building permit,
the owner or its designee will execute an agreement with
the City to allow the contractor to enter the site.
h. The applicant shall post a performance bond in an amount
equal to the cost of the removal of two pumps and related
equipment. The bond will be released to the applicant if
no intrusion occurs after the testing period upon written
request to the City.
1. The applicant will deposit funds with the City of Santa
Ana in an amount of 50 percent greater than the cost of
two bids for studies to be performed by a consultant
identified by the City. Said funds will be held in an
account by the Ci ty of Santa Ana. The applicant will
have 30 calendar days to deposit an equal amount to the
one withdrawn for a study, upon use of any of the funds
from this account. Failure to keep the account at its
minimum level 30 days after the expenditure will result
in the enactment of the mitigation measures identified
above (removal of both pumps). At the completion of the
testing period, the balance on the account will be
reimbursed to the applicant upon written request to the
City.
j. The City will notify the applicant of any additional
queuing study requested by the Planning Commission or
City Council within 10 calendar days from the request.
k. For the purpose of this moni toring program yearly shall
mean a period of time no less than ten (10) months and no
more than fourteen (14) months.
10.
All mitigation measures identified in the
effective if intrusion occurs on the site,
cause.
program will
regardless of
be
its
11. All condi tions for this variance shall be completed and in
effect prior to the issuance of the Certificate of Occupancy
and the release of any utilities.
31A-20
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variance No. 2004-15
August 22, 2005
Page 1 of 2
Findings of Fact
A. That because of special circumstances applicable to the subj ect
property, including size, shape, topography, location, or
surroundings, the strict application of the zoning ordinance is
found to deprive the subject property of privileges not otherwise
at variance with the intent and purpose of the provisions of this
chapter.
Due to restricted size of the parcel, combining the parking
spaces and loading area allows the applicant the ability to
develop a 683 square foot convenience store. Due to the
reduced size of the convenience store and the fact that this
is an ancillary use to the service station, the delivery of
goods is anticipated to be infrequent and will not impact the
site.
B. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of a variance to waive the loading area is
necessary for the preservation of the applicant's right to
develop the site with a retail use, which is permitted by
right. Since the retail use is ancillary to the service
station and most customers using the convenience store will
park their vehicle by the fuel dispensers, requiring a parking
stall and a loading area creates an unnecessary burden for a
size restricted site.
C. That the granting of a variance will not be materially detrimental
to the public welfare or injurious to surrounding property.
The granting of the variance to waive the loading/unloading
area will not be detrimental to the public welfare or
injurious to surrounding properties. Conditions of approval,
such as restricting all loading/unloading operations to occur
on site where possible congestion can be monitored by the
queuing intrusion monitoring program, restricting the sales of
alcoholic beverages to keep the deliveries at a minimum and
others have been developed to mitigate any potential negative
impacts.
3"r~L2~
Variance No. 2004-15
August 22, 2005
Page 2 of 2
D. That the granting of the variance will not adversely affect the
General Plan of the City.
The granting of the variance will not adversely affect the
City's General Plan as the project complies with the Land Use
Element Goal No. 5 to ensure that the impacts of the
development are mitigated. In addition, the land use
designation of General Commercial (GC) allows for the proposed
service station and convenience store.
31A-23
AUGUST 22, 2005
PAGE 1 OF 2
Conditions for Approval
Variance No. 2004-15 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the
Santa Ana Municipal Code, the California Administrative Code, the Uniform
Fire Code, the Uniform Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed
below prior to exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below
throughout the life of the variance. Failure to comply with each and
every condition may result in the revocation of the variance.
A. Planning Division
1.
All proposed site improvements must
submi tted for the Planning Cormnission
22, 2005 meeting.
conform
approval
to
at
the plans
its August
2. Any amendment to this variance must be submitted to the
Planning Division, Fire Department, Public Works Agency and
Police Department for review. At that time, staff will
determine if administrative relief is available or the
variance must be amended.
3. The applicant shall submit a Delivery Vehicle Management plan
to the Planning Division prior to the issuance of a
certificate of occupancy. The plan shall specify the
anticipated times of deliveries for all suppliers. The
applicant shall make the best effort to arrange the delivery
of goods during off-peak traffic and service station hours.
4. All vehicles delivering to the convenience store shall use on
site facilities and not the alley.
5. To keep the number of deliveries to a minimum, the convenience
store shall not sell any alcoholic beverages. Should the
applicant choose to apply for an Alcoholic Beverage Control
license, the variance to waive the loading area shall become
null and void.
EXHIBIT 12
31A-24
AUGUST 22, 2005
PAGE20F2
6. The queuing intrusion monitoring program described in the
Conditions of Approval for Variance No. 2005-13 shall identify
if queuing intrusion occurs on the site. All mitigation
measures identified in the program will be effective if
intrusion occurs on the site, regardless of its cause.
7 . All conditions for this variance shall be completed and in
effect prior to the issuance of the Certificate of Occupancy
and the release of any utilities.
31A-25
Conditional Use Permit No. 2004-27
August 22, 2005
Page 1 of 2
Findings of Fact
A.
will the proposed
contribute to the
community?
use provide a
general well
service or
being of
facility which will
the neighborhood or
The proposed use will contribute to the general well being of
the neighborhood or community. The extended hours of the
service station and convenience store will allow motorists and
the community to purchase items generally unavailable during
these hours from other retail establishments.
B. 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 addition of 24-hour operation for the proposed service
station will not be detrimental to the safety and general
welfare of persons residing or working in the vicinity.
Conditions have been incorporated into the project to reduce
adverse impacts that the project might generate as a result of
the after hours operations.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The service station and convenience store will generate city tax
revenue and emploYment in the community. During the hours
proposed, the use provides services to the community and
therefore the use will enhance rather than adversely affect the
economic development or stability of the area
D. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The project has been designed to comply with the City's design
and development standards for a service station and convenience
store use and will be in compliance with the regulations
established in chapter 41 of the Santa Ana Municipal Code.
3JSffJf~2~
Conditional Use Permit No. 2004-27
August 22, 2005
Page 2 of 2
E. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed service station and convenience store is in an
area designated General Commercial (GC) in the General Plan.
The use is consistent with the General Plan Land Use
Designation, Policy 1.9, which encourages the location of
commercial centers at arterial roadway intersections in
commercial districts. In addition, the use is consistent with
the Community Commercial (Cl) zoning district which permits
service station and mini-markets under 20,000 square feet and
open between midnight and 5:00 a.m. with a conditional use
permit.
31A-27
AUGUST 22, 2005
PAGEIOF3
Conditions for Approval
Conditional Use Permit No. 2004-27 is approved subject to compliance, to
the reasonable satisfaction of the Planning Manager, with all applicable
sections of the Santa Ana Municipal Code, the California Administrative
Code, the Uniform Fire Code, the Uniform Building Code and all other
applicable regulations.
The applicant must comply in full 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.
A. Planning Division
1.
All proposed site improvements must conform
submitted for the Planning Commission approval
22, 2005 meeting.
to
at
the
its
plans
August
2. Any amendment to this conditional use permit must be submitted
to the Planning Division, Fire Department, Public Works Agency
and Police Department for review. At that time, staff will
determine if administrative relief is available or the
variance must be amended.
3. The fuel delivery shall occur between 11:00 p.m. and 5:00 a.m.
4.
All conditions
completed and
Certificate of
for this conditional use permit shall
in effect prior to the issuance of
Occupancy and the release of any utilities.
be
the
B. Police Department
1. The existing building and parking lot must conform with the
provisions of Chapter 8, Article II, Division 3 of the Santa
Ana Municipal Code (Building Security Ordinance). These code
conditions will require that the existing project's lighting,
door/window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located
in required landscape planters.
EXHIBIT 14
31A-28
AUGUST 22, 2005
PAGE20F3
2.
The applicant shall be responsible for
premises free of graffiti. All graffiti
within 24 hours of occurrence.
maintaining the
sha 11 be removed
3. Cash register must be visible from the street at all times and
shall not be obstructed at any time by temporary or permanent
signage.
4.
Window displays must be kept to a minimum for
visibility and shall not exceed 25 percent of window
Windows shall be kept clear of any advertising
between three and six feet in height.
maximum
coverage.
materials
5. Window displays and racks must be kept to a maximum height of
three feet including merchandise and cannot obstruct the
cashiers view to the outside.
6.
A timed-access cash controller or a money drop
easily providing the cashier the ability to
money into it must be installed.
safe capable of
quickly deposi t
7. Install a silent armed robbery alarm.
8. There shall be no coin-operated games maintained on the
premises at any time.
9. All pay telephones shall be located inside the premises.
10. The petitioner(s) shall be responsible for maintaining the
premises free of litter.
11. The conditional use permit shall be reviewed at ninety days,
six months, at one year and then annually thereafter by the
Police Department for any modification to the conditions of
approval.
12. This conditional use permit shall be subject to review and
revocation should the applicant request for an Alcohol Beverage
Control license.
13. "No Loitering/Trespass" signs/placards shall be posted in the
parking lot. The posted signs must conform to Penal Code
Section 602.
31A-29
AUGUST 22 2005
PAGE30F3
14. 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 as follows:
a. A minimum of one color camera at each cash register that
views the front of a customer, from the waist to the top
of the head.
b. A minimum of one color camera that views the full length
side of a customer at the cash register area.
c. A color camera recorder capable of recording events on
all cameras simultaneously.
d. A tape or disc storage library of recorded cameras kept
for a minimum of 60 days.
e. If video tape is used, tapes can not be taped over more
than six times.
f. An audio recording component that will record sounds
occurring at the customer counter.
15. 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 inch
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.
31A-30
KO - 8/1/05
RESOLUTION NO. 2005-63
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2004-13 AS CONDITIONED TO REDUCE THE MINIMUM
LOT SIZE REQUIREMENT; VARIANCE NO. 2004-15 AS
CONDITIONED TO WAIVE THE LOADING ZONE
REQUIREMENT; AND CONDITIONAL USE PERMIT NO.
2004-27 AS CONDITIONED TO ALLOW OPERATION OF
THE SERVICE STATION AND CONVENIENCE STORE
DURING THE HOURS OF 12:00 A.M. TO 5:00 A.M. FOR
THE PROPERTY LOCATED AT 1702 NORTH BROADWAY
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. Variances Nos. 2004-13 and 2004-15 and Conditional Use Permit No.
2004-27 came before the Planning Commission of the City of Santa Ana
for a duly noticed public hearing on August 22, 2005.
B. Variance No. 2004-13 has been filed with the City of Santa Ana seeking to
reduce the minimum lot size requirement.
1. Santa Ana Municipal Code Section 41-373 requires a minimum of
fifteen thousand (15,000) square feet of area for a retail or service
use in the C1 zoning district.
2. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a Variance upon making certain findings. The
Planning Commission determines that the findings necessary to
grant the Variance have been established:
i. That because of special circumstances applicable to the
subject property, including size, shape, topography, location,
or surroundings, the strict application of the zoning
ordinance is found to deprive the subject property of
privileges not otherwise at variance with the intent and
purpose of the provisions of this chapter.
The size of the subject parcel creates a special
circumstance applicable to the property, as the
applicant is unable to increase the size of the lot
31A-31
Resolution No. 2005-63
Page 1 of 7
without purchasing an additional parcel of land.
Streets on two sides and an alley on the third side
surround the rectangular shaped property. Therefore,
the only opportunity the applicant has to increase the
size of the land is to purchase the adjacent parcel of
land. This parcel of land is presently developed with
a non-conforming building and not for sale.
ii. That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of a variance to reduce the minimum lot
size requirement is necessary for the preservation
and enjoyment of the property right to develop the
site. The variance will allow the applicant the ability to
operate a permitted use on the site.
Hi. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of a variance to reduce the minimum lot
size requirement will not be materially detrimental to
the public welfare or potentially injurious to
surrounding property. Conditions, such as a queuing
intrusion monitoring program and its mitigation
measures, in addition to other proposed conditions of
approval are intended to alleviate any problems that
may negatively affect the traffic circulation of the
immediate surrounding area and the community at
large.
iv. That the granting of the variance will not adversely affect the
General Plan of the City.
a) The granting of the variance will not adversely affect
the General Plan of the City. Conditions of approval
have been developed to ensure the efficient traffic
circulation of an Enhanced Intersection. In addition,
the land use designation of General Commercial (GC)
allows for the proposed service station and
convenience store.
C. Variance No. 2004-15 has been filed with the City of Santa Ana seeking to
waive the loading zone requirement, Santa Ana Municipal Code Section
41-1305.
31A-32
Resolution No. 2005-63
Page 2 of 7
31A-33
1. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a Variance upon making certain findings. The
Planning Commission determines that the findings necessary to
grant the Variance have been established:
i. That because of special circumstances applicable to the
subject property, including size, shape, topography, location,
or surroundings, the strict application of the zoning
ordinance is found to deprive the subject property of
privileges not otherwise at variance with the intent and
purpose of the provisions of this chapter.
Due to restricted size of the parcel, combining the
parking spaces and loading area allows the applicant
the ability to develop a 683 square foot convenience
store. Due to the reduced size of the convenience
store and the fact that this is an ancillary use to the
service station, the delivery of goods is anticipated to
be infrequent and will not impact the site.
ii. That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of a variance to waive the loading area
is necessary for the preservation of the applicant's
right to develop the site with a retail use, which is
permitted by right. Since the retail use is ancillary to
the service station and most customers using the
convenience store will park their vehicle by the fuel
dispensers, requiring a parking stall and a loading
area creates an unnecessary burden for a size
restricted site.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The granting of the variance to waive the
loading/unloading area will not be detrimental to the
public welfare or injurious to surrounding properties.
Conditions of approval, such as restricting all
loading/unloading operations to occur on site where
possible congestion can be monitored by the queuing
intrusion monitoring program, restricting the sales of
alcoholic beverages to keep the deliveries at a
31A-34
Resolution No. 2005-63
Page 3 of 7
minimum and others have been developed to mitigate
any potential negative impacts.
iv. That the granting of the variance will not adversely affect the
General Plan of the City.
The granting of the variance will not adversely affect
the City's General Plan as the land use designation of
General Commercial (GC) allows for the proposed
service station and convenience store.
2. Conditional Use Permit No. 2004-27 has been filed with the City of Santa Ana
seeking to allow operation of the service station and convenience store during the
hours of 12:00 a.m. to 5:00 a.m.
2. Pursuant to Santa Ana Municipal Code Section 41-365.5, a
Conditional Use Permit is required for retail markets having less
than twenty thousand square feet of floor area which are open at
any time between the house of 12:00 midnight and 5:00 a.m. in the
C1 zoning district.
3. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings. The Planning Commission determines that the findings
necessary to grant the Conditional Use Permit have not been
established:
i. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed use will contribute to the general well
being of the neighborhood or community. The
extended hours of the service station and
convenience store will allow motorists and the
community to purchase items generally unavailable
during these hours from other retail establishments.
ii. 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 addition of 24-hour operation for the proposed
service station will not be detrimental to the safety
and general welfare of persons residing or working in
the vicinity. Conditions have been incorporated into
the project to reduce adverse impacts that the project
31A-35
Resolution No. 2005-63
Page 4 of 7
might generate as a result of the after hours
operations.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The service station and convenience store will
generate city tax revenue and employment in the
community. During the hours proposed, the use
provides services to the community and therefore the
use will enhance rather than adversely affect the
economic development or stability of the area.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The project has been designed to comply with the
City's design and development standards for a
service station and convenience store use and will be
in compliance with the regulations established in
chapter 41 of the Santa Ana Municipal Code.
v. Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The proposed service station and convenience store
is in an area designated General Commercial (GC) in
the General Plan. The use is consistent with the
General Plan and the Community Commercial (C1)
zoning district which permits service station and mini-
markets under 20,000 square feet and open between
midnight and 5:00 a.m. with a conditional use permit.
D. In accordance with the California Environmental Quality Act, (Title 14 of
the California Code of Regulations, Section 15302) the recommended
action is exempt from further review. The Class 2 exemption allows for
the replacement or reconstruction of existing facilities on the same site.
Categorical Exemption Environmental Review No. 2003-196 will be filed
for this project.
Section 2. The Planning Commission after conducting the public hearing hereby:
A. Approves Variance No. 2004-13, to reduce the minimum lot size
requirement for the property located at 1702 North Broadway, as conditioned in Exhibit A
attached hereto and incorporated as though fully set forth herein.
31A-36
Resolution No. 2005-63
Page 5 of 7
B. Approves Variance No. 2004-15, to waive the loading zone requirement for
the property located at 1702 North Broadway, as conditioned in Exhibit B attached hereto
and incorporated as though fully set forth herein.
C. Approves Conditional Use Permit No. 2004-2,7 to allow operation of the
service station and convenience store during the hours of 12:00 a.m. to 5:00 a.m. for the
property located at 1702 North Broadway, as conditioned in Exhibit C attached hereto
and incorporated as though fully set forth herein.
These decisions are based upon the evidence submitted at the abovesaid hearing,
which includes but not is not limited to: the Request for Planning Commission Action
dated August 22, 2005 and exhibits attached thereto; and the public testimony, all of
which are incorporated herein by this reference.
ADOPTED this 22ND day of August, 2005 by the following vote:
AYES: Commissioners: De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: Cribb (1)
Glenn Mondo
Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
31A-37
Resolution No. 2005-63
Page 6 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2005-63 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on August 22, 2005.
Date:
Planning Commission Secretary
City of Santa Ana
31A-38
Resolution No. 2005-63
Page 7 of 7
Conditions for Approval for Variance No. 2004-13
Variance No. 2004-13 is approved subject to compliance, to the reasonable satisfaction
of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code,
the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and
all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the
life of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Plan nino Division
1. All proposed site improvements must conform to the plans submitted for the
Planning Commission approval at its August 22, 2005 meeting.
2. Any amendment to this variance must be submitted to the Planning
Division, Fire Department, Public Works Agency and Police Department
for review. At that time, staff will determine if administrative relief is
available or the variance must be amended.
3. This variance is to reduce the minimum lot size from 15,000 square feet to
14,879 square feet. Any further reduction not resulting from required
dedications for this project as identified on the site plan and DP 2003-59
will require an additional variance.
4. The fuel delivery shall occur between 11 :00 p.m. and 5:00 a.m.
5. The number of storage tanks to be located in the trash area shall be
limited to four (4).
6. The applicant shall submit a Delivery Vehicle Management Plan to the
Planning Division prior to the issuance of a certificate of occupancy. The
plan shall specify the anticipated times of deliveries for all suppliers. The
applicant shall make the best effort to arrange the delivery of goods during
off-peak traffic and service station hours.
7. A Lot Line Adjustment to consolidate lots 18, 19 and 20 shall be filed and
recorded prior to the issuance of a building permit.
8. The City will conduct a queuing intrusion study at the applicants' expense
within six months of issuance of Certificate of Occupancy and then yearly
&1~b~
for the next five years. If a queuing intrusion occurs, then an additional
yearly study(s) shall be required. There shall be five consecutive years of
queuing intrusion studies confirming no queuing intrusion is occurring at
this site. Additional studies may also be required if queuing intrusion
occurs or if directed by the Planning Commission or City Council. The
cost of any additional studies shall be at the applicant's expense.
9. The following identify the parameters of the queuing intrusion monitoring
program and the mitigation measures should queuing intrusion occur.
a. A vehicle that is stopped and waiting to access a fueling pump is
considered to be in queue. A vehicle is deemed to be causing
intrusion if its position in queue is such that, while it is waiting to
fuel, one or more tires are stopped on any portion of the sidewalk,
driveway apron or street which provides access to the project site
for any period of time. A vehicle that is stopped with all four tires in
the public street adjacent to the driveway that provides access to
the project site will be deemed to be causing queuing intrusion if it
does not proceed when it is safe to do so, Le. at a green light, but
continues to be stopped and waiting to enter the site.
b. The queuing intrusion study by the City's consultant, which will
include a visual verification of the existence of the queuing intrusion
as described above, will be conducted for a period of seven
consecutive days at the times specified by the City, for a minimum
of 35 hours and a maximum of 40 hours per study.
c. If queuing intrusion, as defined above in Paragraph A, occurs more
than once during the queuing intrusion study, the City will
determine that queuing intrusion has occurred. After the first
queuing intrusion occurrence, the City will send the applicant
written notification. The applicant will have one month to submit a
queuing management plan to the Planning Manager. The queuing
management plan shall describe the traffic control and fueling
operation methods that the applicant will use in order to eliminate
all queuing intrusion. Said plan shall be reviewed and approved by
the Planning Manager and implemented by the applicant
immediately following the Planning Manager's approval.
d. The City's consultant will conduct a subsequent queuing intrusion
study no sooner than one month from the date of the approval of
the queuing management plan, but no later than three months from
such date.
e. If the City consultant determines that queuing intrusion, as defined
above in Paragraph A has occurred a second time any time during
Exhibit A
Page 2 OF 4
31A-40
the required study period (minimum five years), the City will send
the applicant written notification of the queuing intrusion. Upon
receipt of the notification, the applicant shall immediately cease to
dispense fuel from Pump 1 identified on Attachment 1, and
incorporated herein by this reference. In addition, the applicant
shall provide proof of the submittal of a completed application(s) for
the removal of said pump to the proper agencies within thirty (30)
days of receipt of the notification. The applicant shall complete the
removal of said pump within thirty (30) days of obtain permit
approval.
f. If the City consultant determines that queuing intrusion, as defined
above in Paragraph A has occurred a third time any time during the
required study period (minimum five years), the City will send the
applicant written notification of the queuing intrusion. Upon receipt
of the notification, the applicant shall immediately cease to
dispense fuel from Pump 2 identified on Exhibit "A". In addition, the
applicant shall provide proof of the submittal of a completed
application(s) for the removal of said pump to the proper agencies
within thirty (30) days of receipt of the notification. The applicant
shall complete the removal of said pump within thirty (30) days of
obtain permit approval.
g. If the applicant fails to remove the identified pump within the
allocated time, the City will hire a licensed contractor to remove the
fueling pump(s) and related equipment. Prior to the issuance of a
building permit, the owner or its designee will execute an
agreement with the City to allow the contractor to enter the site.
h. The applicant shall post a performance bond in an amount equal to
the cost of the removal of two pumps and related equipment. The
bond will be released to the applicant if no intrusion occurs after the
testing period upon written request to the City.
i. The applicant will deposit funds with the City of Santa Ana in an
amount of 50 percent greater than the cost of two bids for studies to
be performed by a consultant identified by the City. Said funds will
be held in an account by the City of Santa Ana. The applicant will
have 30 calendar days to deposit an equal amount to the one
withdrawn for a study, upon use of any of the funds from this
account. Failure to keep the account at its minimum level 30 days
after the expenditure will result in the enactment of the mitigation
measures identified above (removal of both pumps). At the
completion of the testing period, the balance on the account will be
reimbursed to the applicant upon written request to the City.
Exhibit A
Page 3 OF 4
31A-41
j. The City will notify the applicant of any additional queuing study
requested by the Planning Commission or City Council within 10
calendar days from the request.
k. For the purpose of this monitoring program yearly shall mean a
period of time no less than ten (10) months and no more than
fourteen (14) months.
10. All mitigation measures identified in the program will be effective if intrusion
occurs on the site, regardless of its cause.
11 . All conditions for this variance shall be completed and in effect prior to the
issuance of the Certificate of Occupancy and the release of any utilities.
Exhibit A
Page 4 OF 4
31A-42
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31A-43
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Conditions for Approval For Variance No. 2004-15
Variance No. 2004-15 is approved subject to compliance, to the reasonable satisfaction
of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code,
the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and
all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the
life of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. PlanninQ Division
1. All proposed site improvements must conform to the plans submitted for the
Planning Commission approval at its August 22, 2005 meeting.
2. Any amendment to this variance must be submitted to the Planning
Division, Fire Department, Public Works Agency and Police Department
for review. At that time, staff will determine if administrative relief is
available or the variance must be amended.
3. The applicant shall submit a Delivery Vehicle Management Plan to the
Planning Division prior to the issuance of a certificate of occupancy. The
plan shall specify the anticipated times of deliveries for all suppliers. The
applicant shall make the best effort to arrange the delivery of goods during
off-peak traffic and service station hours.
4. All vehicles delivering to the convenience store shall use on site facilities
and not the alley.
5. To keep the number of deliveries to a minimum, the convenience store shall
not sell any alcoholic beverages. Should the applicant choose to apply for
an Alcoholic Beverage Control license, the variance to waive the loading
area shall become null and void.
6. The queuing intrusion monitoring program described in the Conditions of
Approval for Variance No. 2005-13 shall identify if queuing intrusion occurs
on the site. All mitigation measures identified in the program will be
effective if intrusion occurs on the site, regardless of its cause.
7. All conditions for this variance shall be completed and in effect prior to the
issuance of the Certificate of Occupancy and the release of any utilities.
EXHIBIT B
31A-44
Conditions for Approval for Conditional Use Permit No. 2004-27
Conditional Use Permit No. 2004-27 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full 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.
A. Plannino Division
1. All proposed site improvements must conform to the plans submitted for the
Planning Commission approval at its August 22, 2005 meeting.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division, Fire Department, Public Works Agency and Police
Department for review. At that time, staff will determine if administrative
relief is available or the variance must be amended.
3. The fuel delivery shall occur between 11 :00 p.m. and 5:00 a.m.
4. All conditions for this conditional use permit shall be completed and in
effect prior to the issuance of the Certificate of Occupancy and the release
of any utilities.
B. Police Department
1. The existing building and parking lot must conform with the provisions of
Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building
Security Ordinance). These code conditions will require that the existing
project's lighting, door/window locking devices and addressing be
upgraded to current code standards. Lighting standards cannot be
located in required landscape planters.
2. The applicant shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
3. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
EXHIBIT C
Page 1 of 3
31A-45
4. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage. Windows shall be kept
clear of any advertising materials between three and six feet in height.
5. Window displays and racks must be kept to a maximum height of three
feet including merchandise and cannot obstruct the cashiers view to the
outside.
6. 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.
7. Install a silent armed robbery alarm.
8. There shall be no coin-operated games maintained on the premises at any
time.
9. All pay telephones shall be located inside the premises.
10. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
11. The conditional use permit shall be reviewed at ninety days, six months, at
one year and then annually thereafter by the Police Department for any
modification to the conditions of approval.
12. This conditional use permit shall be subject to review and revocation
should the applicant request for an Alcohol Beverage Control license.
13. "No Loitering/Trespass" signs/placards shall be posted in the parking lot.
The posted signs must conform to Penal Code Section 602.
14. 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 as follows:
a. A minimum of one color camera at each cash register that views
the front of a customer, from the waist to the top of the head.
b. A minimum of one color camera that views the full length side of a
customer at the cash register area.
c. A color camera recorder capable of recording events on all
cameras simultaneously.
EXHIBIT C
Page 2 of 3
31A-46
d. A tape or disc storage library of recorded cameras kept for a
minimum of 60 days.
e. If video tape is used, tapes can not be taped over more than six
times.
f. An audio recording component that will record sounds occurring at
the customer counter.
15. 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 inch 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.
EXHIBIT C
Page 3 of 3
31A-47
31A-48