HomeMy WebLinkAbout31B - 4426 WESTMINSTER AVE
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
CITY COUNCIL MEETING DATE:
JULY 3, 2006
TITLE:
CONDXTIONAL USE PERMIT NO. 2006-07
TO ALLOW A SERVXCE STATXON AND
CONVENIENCE STORE TO OPERATE
BETWEEN THE HOURS OF 12:00 A.M. TO
5:00 A.M. AT 4426 WESTMXNSTER
AVENUE - -ELEVE INC., APPLXCANT
tJ2~
APPROVED
o As Recommended
o As Amended
D Ordinance on 151 Reading
D Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No.
2006-07 as conditioned.
PLANNING COMMISSXON ACTION
On June 12, 2006, the Planning Commission approved Conditional Use Permit
No. 2006-07 as conditioned by a vote of 6:0 (Rodriguez absent) to operate
a new gasoline service station and a convenience store during the hours
of 12:00 a.m. to 5:00 a.m. in the General Commercial (C2) zoning district
at 4426 Westminster Avenue. The Planning Commission added a condition to
require additional landscaping materials be provided along the south
property line abutting the mobile home park to the recommended conditions
of approval outlined in the attached staff report (Exhibit A) .
FXSCAL IMPACT
There is no fiscal impact associated with this action.
. Trevino
Ex tive Director
Planning & Building Agency
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318-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION SECRETARY
PLANNING COMMISSION MEETING DATE:
JUNE 12, 2006
TITLE:
PUBLIC HEARING - CONDXTIONAL USE PERMIT
NO. 2006-07 TO ALLOW A SERVXCE STATION
AND CONVENIENCE STORE TO OPERATE BETWEEN
THE HOURS OF 12:00 A.M. TO 5:00 A.M. AT
4426 WESTMINSTER AVENUE
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
DENIED
o Applicant's Request
o Staff Recommendation
CONTINUED TO
Prepared by Ann Hsin-An Ni
~ecutive Director
~~
Planning Man ger
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No, 2006-07 as
conditioned.
DISCUSSION
Request of Applicant
7-Eleven Inc. is requesting approval of Conditional Use Permit No. 2006-07
to operate a new gasoline service station and a convenience store during
the hours of 12:00 a.m. to 5:00 a.m. at 4426 Westminster Avenue,
Property Description
The subject property is approximately 0.53 acres in area. The property
is flat, rectangular in shape, and is currently vacant. The property is
located on the southeast corner of Newhope Street and Westminster
Avenue; both are designated arterial streets in the General Plan
Circulation Element.
The property is located within the General Commercial
district and has a General Plan land use designation
Commercial (GC) with a floor area ratio of 0.5 (Exhibit 1).
land uses include commercial uses to the north, east and
mobile home park to the south (Exhibit 2) .
(C2) zoning
of General
Surrounding
west, and a
EXHIBIT A
31 8-2
Conditional Use Permit No. 2006-07
June 12, 2006
Page 2
Project Description
The applicant requests a conditional use permit to allow operation during
the hours of 12:00 a.m. to 5:00 a.m. at a new gasoline service station and
convenience store. The convenience store building will contain 2,422
square feet of floor area and the canopy area over the service pumps will
encompass 1,BB6 square feet of area. Access to the proposed project will
be provided from Newhope Street and Westminster Avenue. A total of 11
parking spaces will be provided on-site (Exhibits 3 through 7)
Analysis of the Issues
The service station and convenience market provide a benefit to local
residents as well as the community. The use will serve the adjacent
commercial and residential neighborhoods and to allow the community to
purchase items generally unavailable during these hours from other retail
establishments. Business operating between the hours of 12: 00 a.m. to
5:00 a.m. have the potential to impact surrounding businesses and
residential neighborhoods. In order to determine if the convenience
store's late night operation would create adverse impacts on the local
residents, the crime rate of the area and the surrounding land uses are
analyzed.
The convenience market is located in Police Reporting District No. 44,
which is considered average in the total number of reported incidents and
ranks 29th out of 102 citywide districts. Although this location will
become the only after hours operation within several blocks, and there are
no crime statistics available for this new facility, the Police Department
is recommending conditional approval.
The proposed service station and convenience store are located at the
southeast corner of Newhope Street and Westminster Avenue, with
commercial uses primarily surrounding the site. In addition, a mobile
home park is located directly south of this property. A six-foot
concrete block wall and landscaping will be provided along this border
to mitigate the potential impacts to the residential neighborhood.
The Planning and the Police Department are proposing conditions of
approval to prevent the site from becoming an attractive nuisance and
mitigate any potential unforeseen problems. The Police Department
conditions generally refer to business operations and physical
improvements to improve employee and customer safety, such as requiring
318-3
Conditional Use Permit No. 2006-07
June 12, 2006
Page 3
the pay phones to be located within the interior of the
maintaining visibility of the market interior from the street.
Department also proposes a review of the business operations
six months, one year and then annually thereafter.
market and
The Police
at 90 days,
In summary, the proposed after hour operation for the service station
and convenience store, in conjunction with the proposed conditions, will
not create additional negative impacts to the surrounding business
community. Approval of Conditional Use Permit No. 2006-07 is
recommended as conditioned.
CEQA Compliance
This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15301. This Class 1 exemption allows
the permitting of existing structures. Categorical Exemption
Environmental Review No. 2005-136 will be filed for this project.
p;~7l1z '
v%f:ret:lIcP
Senior Planner
Ann Hsin-An Ni
Associate Planner
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KO- 6/19/06
RESOLUTION NO. 2006-15
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2006-07 AS CONDITIONED TO
OPERATE BETWEEN THE HOURS OF 12:00 A.M. TO 5:00
A.M. FOR THE PROPERTY LOCATED AT 4426
WESTMINSTER AVENUE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Conditional Use Permit No. 2006-07 to
operate a new gasoline service station and a convenience store during the
hours of 12:00 a.m. to 5:00 a.m. at 4426 Westminster Avenue.
B, On June 12, 2006, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2006-07.
C. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit
pursuant to Santa Ana Municipal Code Section 41-638, have been
established:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed business hours between 12:00 a.m. to 5:00
a.m. at a service station and convenience store will
contribute to the general well being of the community by
providing gasoline and food service to adjacent communities
and to allow the community to purchase items generally
unavailable during these hours from other retail
establishments.
2. 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 proposed business hours between 12:00 a.m. to 5:00
a.m. at a gasoline service station and convenience store will
provide additional service to the service station patrons and
318-12
Resolution No. 2006-015
Page 1 of?
the adjacent business communities. The conditions of
approval proposed require the market to maintain a safe
environment as well as aesthetics of the site.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The business hours between 12:00 a.m. to 5:00 a.m. at a
service station and convenience store will generate City tax
revenue and employment in the community. During the
hours proposed, the use provides services that compliment
surrounding businesses and as conditioned will not
adversely affect economic development or stability of the
area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use.
The proposed use will be in compliance with the applicable
sections of Chapter 41 of the Municipal Code with an
approved conditional use permit for the operation of a
business between the hours of 12:00 a.m. to 5:00 a.m.
5. 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
General Commercial (C2) zoning district that allows retail
and service uses.
D. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15301. This Class 1 exemption
allows the permitting of existing structures. Categorical Exemption
Environmental Review No. 2005-136 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2006-07 as conditioned
in Exhibit A attached hereto and incorporated as though fully set forth herein. This
decision is based upon the evidence submitted at the abovesaid hearing, which
includes but is not limited to: the Request for Planning Commission Action dated June
12, 2006 and exhibits attached thereto; and the public testimony, all of which are
incorporated herein by this reference.
ADOPTED this 12th day of June 2006 by the following vote:
318-13
Resolution No, 2006-015
Page 2 of7
AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz
(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Rodriguez (1)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attomey
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2006-015 to be the original resolution adopted by the
Planning Commission of the City of Santa Ana on June 12, 2006.
Date:
Secretary of the Planning Commission
City of Santa Ana
318-14
Resolution No. 2006-015
Page 3 017
Conditions for Aooroval of Conditional Use Permit No. 2006-07
Conditional Use Permit No. 2006-07 is approved subject to compliance, to the reasonable
satisfaction of the Planning Commission, with all applicable sections of the Santa Ana
Municipal Code, the Califomia 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 orior 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. Plannina Division
1 . The project shall remain in compliance with Site Plan Review DP No.
2005-51.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. Prior to issuance of building permits, the landscape plans shall be revised
to reflect 24-inch boxed size trees and five-gallon shrubs for all required
plants of this project.
4. Additional landscaping materials, including trees, shrubs and vines shall
be provided along the south property line abutting the mobile home park
subject to the approval of the landscape Associates and the Planning
Manager.
5. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy.
6. 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. The new 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
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Resolution No. 2006-015
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upgraded to current code standards. Lighting standards cannot be
located in required landscape planters.
8. The applicant shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
9. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
10. 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.
11. 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.
12. 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.
13. Install a silent armed robbery alarm.
14. There shall be no coin-operated games maintained on the premises at any
time.
15. All pay telephones shall be located inside the premises.
16. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
17. 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.
18. "No Loiteringrrrespass" signs/placards shall be posted in the parking lot.
The posted signs must conform to Penal Code Section 602.
19. Provide a Closed Circuit Television System approved by the Police
Department and capable of viewing and recoding events inside the
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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 at the cash register area.
(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.
20. 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 contrasting color
to the background, shall be placed every six inches beginning at five inches
and ending at six feet six inches.
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PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA. COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd, Santa Ana, California 92702.
Dan Popa and Ron Taylor
7 -Eleven
330 East Lambert Road, Suite 150
Brea, CA 92821
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
add ressee( s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMIREZ
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Resolution No. 2006-015
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