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Home My WebLink About31A - CUP 2009-23 - 3960 S MAIN STREET UNIT D REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 1, 2010 TITLE: APPROVED ? As Recommended CONDITIONAL USE PERMIT NO . 2 0 0 9 - 2 3 TO ? As Amended ALLOW A RETAIL MARKET TO OPERATE BETWEEN ? Ordinance on 15f Reading 12:00 MIDNIGHT AND 5 : 00 A.M. AT QWIK ? Ordinance on 2"d Reading ? Implementing Resolution KORNER LOCATED AT 3960 SOUTH MAIN STREET, ? Set Public Hearing For UNIT D - NADIR SHOUNIA, APPLICANT ~ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2009-23 as conditioned. PLANNING COMMISSION ACTION On January 11, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2009-23 as conditioned by a vote of 6:0 to allow a retail market to operate between 12:00 midnight and 5:00 a.m. at the Qwik Korner Liquor & Convenience Store at 3960 South Main Street, Unit D, located in the Arterial Commercial (C5) zoning district. 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. Ja M. Trevino Executive Director Planning & Building Agency LL:rb Reports\cup09-23 Qwik Korner afterhours.cc 31 A-1 31 A-2 REQUEST FOR Plannin Commission Action 9 PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY JANUARY 11, 2010 APPROVED TITLE: ? As Recommended PUBLIC HEARING - FILED BY NADIR SHOUNIA ? As Amended FOR CONDITIONAL USE PERMIT NO. 2009-23 TO ? Set Public Hearing For ALLOW A RETAIL MP,RKET TO OPERATE BETWEEN DENIED 12:00 MIDNIGHT AND 5:00 A.M. AT QWIK KORNER ? Applicant's Request ? Staff Recommendation LOCATED AT 3960 SOUTH MAIN STREET, UNIT D CONTINUED TO Prepared by Lucy Linnaus Executive Director Planning Mana r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2009-23 as conditioned. DISCUSSION Request of Applicant Mr. Nadir Shounia, owner of Qwik Korner convenience store, is requesting approval of Conditional Use Permit (CUP) No. 2009-23 to allow operations between 12:00 midnight and 5:00 a.m. at 3960 South Main Street, Unit D. For reference, the Zoning Administrator adopted a resolution approving amendment to CUP No. 2003-26 as conditioned at its December 16, 2009 meeting. The amendment to the CUP was a request to upgrade the existing Type 20 Alcoholic Beverage Control (ABC) license to a Type 21 ABC license and allow the sale of beer, wine and distilled spirits for off-premise consumption. Property Description The project site is located at the northwest corner of Main Street and Sunflower Avenue. The site is fully developed with a 5,244 square foot multi-tenant retail center on a 22,200 square foot lot. A total of 26 parking spaces have been provided for the site based on a retail parking demand of one space per 200 square feet of gross floor area. The retail building, divided into four tenant spaces, currently contains three tenants with the fourth unit vacant. Qwik Korner convenience store, which occupies Unit D, is a 2,202 square foot grocery and liquor store; Qwik Korner Breakfast Hoagy Subs Deli, which occupies Unit C, is a 1,018 square foot delicatessen; and Javatinis Coffee Lounge, which occupies Unit A, is a 994 square foot coffee house. There were no land use violations on the property at the time of inspection. E~I~K A~ CUP No. 2009-23 January 11, 2010 Page 2 The zoning designation for the site is Arterial Commercial (C5), which is consistent with the General Plan land use designation of General Commercial (GC). Surrounding land uses include single-family dwellings to the north and west, agricultural land in the City of Costa Mesa to the south, and light industrial uses to the east (Exhibits 1 and 2). Project Description Qwik Korner convenience store currently operates from 6:00 a.m. to 10:00 p.m., seven days a week. The applicant is proposing to extend the business hours for the convenience store and operate 24 hours a day, seven days a week. Analysis of the Issues A conditional use permit is required for retail establishments having less than 20,000 square feet of floor area that are open at anytime between the hours of 12:00 midnight and 5:00 a.m., since these businesses have the potential to impact surrounding businesses and residential neighborhoods. The proposed convenience store will operate 24 hours a day, 7 days a week and will offer general merchandise in addition to alcoholic beverages to the community. The applicant is requesting to extend its hours of operation in order to maintain the economic viability of the business, due to the present economic climate. Qwik Korner is located on a parcel of land that fronts two major arterial streets and is physically and visually separated from the residential neighborhood by a six-foot block wall. To prevent any potential noise impact to the adjacent residential neighborhood, conditions that limit the delivery times to the center have been added. The Planning and Police Departments are proposing conditions of approval to prevent the site from becoming an attractive nuisance and mitigate any potential unforeseen problems. The Police Department's conditions generally refer to business operations and physical improvements to improve employee and customer safety, such as requiring that pay phones be located within the interior of the store and maintaining visibility of the store interior from the street. Since high crime is not an issue at this location, staff is recommending approval of the CUP provided that the applicant agrees to conditions that are imposed to prevent this location from becoming an attractive nuisance that adversely impacts the adjacent residents (Exhibit 3). The police department proposes a review of the project at 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. 31 A-4 CUP No. 2009-23 January 11, 2010 Page 3 In summary, the project will not create additional negative impacts to the surrounding business and residents as conditioned and is compatible with the City's General Plan. Therefore, staff recommends that the Planning Commission approve Conditional Use Permit 2009-23 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15301. Class 1 exemption consists of the licensing of existing private structures involving negligible or no expansion of an existing use. Categorical Exemption Environmental Review No. 2009-145 will be filed for this project. 1 w Lucy Lnnaus, AIA Vincent Fr go o, AICP Senior Planner Principal Planner LL:jm Reports\cup09-23 Qwik Korner afterhours.pc 31 A-5 i u ~r ~ , ii M1 ~ Mt M1 Mi ii ~iR1 i~_ ii nCR o Ir--11 I ~I I - ~~----Il a~ fit' 1_~I ~=~1 I~ P J q ~ ALTON Rv. J kK V V M R1 Rt Rt r. ~ 0 ~ ~ ~1 ° CR M1 M1 M1 sl R1 R1 s r~ i I .,,.o sE o Oz ~ COIUNBME AV R1 S C UABINE 52 SINE SD-43 SD-43 3 ~ SD-43 R1 Ri 2 MNESTIC DN. R1 R1 ~ R1 R1 q R1 R1 R1 C4 ~ pv. F- W JD-43 ~ FIR9T MEHICRN WRV R1 o R1 O LINE ~V C5 R1 R1 - MAC ARTHUR BL. - - p ~ fl1-PRD R1-PflD (~G JUNIPEN AV UU ~ ~ CZ S R7- R1p R7-PR - C4 a P D C2 ~ ` R1 I i R1 R1- ~Rr ~ , 1 - z $ PRD PRD r sT rev (.2 ~ ,.u nv. qR1- 0 R1- PRD x PRD ~ ~ R1-PRD R;-PRD TE v m R1 ~~R1 R1 ~ C2 - K ~V " KE V R1 R1 R1 z ce.a R7 ~ 0 R7 R1 ~ ~ R7 Ri ~ \ M1 Q-~ R7 R1 R7 3N F 9T AV 1 _ s 1 ~QlV Ri 9TEVEN3 by L WER~AV. - C2/ PROJECT SRE C i t y o f C o s t a M e s a ~ Al GENERALAGRICULTURAL CR COMMERCIAL RESIDENTIAL Rt SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS C1-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST' VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL CUP 09-23 ~ QWIK KORNER CONVENIENCE STORE ~ 3960 SOUTH MAIN STREET, UNIT D - - =sooFEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~~iI~IT 1 ~~P Q ~ ~ 0~' w ~0 ~ o yP ~~P W LIGHT INDUSTRIAL ~ Q ~~~P P ~\0 J W ~ w ~ STEVENS AV. ~P ~ ~ 0 ~ 5~ P~0 °z y J ~ STEVENS ~P~ ¢ PROJECT ~ SITE Z SIN LE FA LY RESI ENTIAL Q c O z SUNFLOWER AVENUE C i t y o/ C o s t a M e s a ~ ~ ly CUP 09-23 ~ QWIK KORNER CONVENIENCE STORE - 3960 SOUTH MAIN STREET, UNIT D P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3 ~~HI$IT 2 Santa Ana Police Department Statistics Report for 3960 South Main Street Qwik Korner Plaza Date/Time Location Final 12/12/09 06:41 3960 S MAIN S"1' #C 459AB 12/12/09 06:31 3960 S MAIN ST #C 459AB 12/12/09 03:56 3960 S MAIN ST #C ~ 459AB 12/11/09 22:12 3960 S MAIN ST #C 459AB 11/19/09 22:24 3960 S MAIN ST #C r- ~ 459A 10/19/09 13:12 3960 S MAIN ST #D INFOR 10/13/09 05:50 3960 S MAIN ST 459A 09/14/09 21:06 3960 S MAIN ST #C 459A 07/28/09 19:11 3960 S MAIN ST 4880 07/03/09 16:48 3960 S MAIN ST #D 2115 07/03/09 16:44 3960 S MAIN ST #C QWIK KORNGR 2115 05/29/09 05:57 3960 S MAIN S"f _ 459A 05/09/09 02:39 3960 S MAIN S"1' ~ CSI 05/09/09 02:11 3960 S MAIN S"I' 459A 07/26/08 06:54 3960 S MAIN ST 459A 07/16/08 07:01 3960 S MAIN ST 920F 01/11/08 18:49 3960 S MAIN ST 488R 09/19/07 23:13 3960 S MAIN ST CSIF 09/19/07 22:43 3960 S MAIN S"T 459CR 09/17/07 01:47 3960 5 MAIN ST _ ~~59CR 07/22/07 17:40 3960 S MAIN S"f 459FAR 07/19/07 22:41 3960 S MAIN S'(' 459A 07/15/07 16:50 3960 S MAIN ST 459FAR 07/07/07 17:46 3960 S MAIN ST 459A 07/04/07 11:09 3960 S MAIN ST 459FAR 01/18/07 18:25 3960 S MAfN ST 586 08/05/06 08:46 3960 S MAIN ST 1660 06/21/06 20:38 3960 S MAIN S'I' PATCK 01/29/06 19:453960 S MAIN S"f #D ~ 211PR 12/01/05 09:01 3960 S MAIN S'T #D INFOR 09/08/OS 07:52 3960 S MAIN ST T504R X09/O1/OS 11:34 3960 S MAIN ST 503R 08/09/05 07:46 3960 S MAIN S1' 488R 08/05/05 12:32 3960 S MAIN ST' 4880 07/27/05 09:55 3960 S MAIN ST 487R CUP 09-23 Exhibit 3 31 A-8 bk 1/6/10 RESOLUTION NO. 2010-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009-23 AS CONDITIONED TO ALLOW THE OPERATION OF A RETAIL MARKET BETWEEN THE HOURS OF 12:00 A.M. AND 5:00 A.M. FOR THE PROPERTY LOCATED AT 3960 SOUTH MAIN STREET, UNIT D 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 a conditional use permit to operate a retail market between the hours of 12:00 a.m. and 5:00 a.m. for the property located at 3960 South Main Street, Unit D. B. Conditional Use Permit No. 2009-23 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 11, 2010. C. Conditional Use Permit No. 2009-23 has been filed with the City of Santa Ana seeking to allow a retail market to operate twenty-four hours a day within the Arterial Commercial (C5) zoning district. 1. Santa Ana Municipal Code Section 41-424.5(1) authorizes small retail establishments to open at any time between the hours of 12:00 a.m. and 5:00 a.m. subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 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 business hours between 12:00 midnight and 5:00 a.m. will contribute to the general well being of the community by providing general merchandise to the community and allowing the community to purchase items generally unavailable during these hours from other retail establishments. Conditions have been placed on the extended hours or operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution 2010-01 Page 1 of 7 31 A-9 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 proposed business hours between 12:00 midnight and 5:00 a.m. will provide additional service to the store patrons and the adjacent community. The conditions of approval will require the store to maintain a safe environment and are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Qwik Korner is located on a parcel of land that fronts two major arterial streets and therefore is suitable for the proposed use. Qwik Korner has been an established and viable business at this location since 1990, which will assist in maintaining the economic viability of the retail center. The addition of the proposed business hours between 12:00 midnight and 5:00 a.m. to the retail establishment will generate City tax revenue and employment for the community thereby enhancing the profitability of the business, which will contribute to the economic stability of surrounding properties in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit for the operation of a business between the hours of 12:00 midnight and 5:00 a.m., the proposed use will be in compliance with the applicable sections of 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 use will not adversely affect the General Plan. Convenience stores and ancillary uses such as alcoholic beverage control licenses are permitted within the General Commercial (GC) General Plan designation and the Arterial Commercial (C5) zoning district. The proposed project is not located in a specific plan area in the City. D. In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15301. Class 1 exemption consists of the licensing of existing private structures involving negligible or no expansion of an Resolution 2010-01 Page 2 of 7 31 A-10 ' n Environmental Review No. 2009-145 will be filed existing use. Categorical Exemptlo for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 3960 South Main Street, Unit D: 1. Conditional Use Permit No. 2009-23, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a retail market to be open between hours of 12:00 a.m. and 5:00 a.m. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 11, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 11th day of January, 2010 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Resolution 2010-01 Page 3 of 7 31 A-11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2010-01 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 11, 2009 . Date: Planning Commission Secretary City of Santa Ana Resolution 2010-01 Page 4 of 7 31 A-12 Conditions for Approval for Conditional Use Permit No. 2009-23 Conditional Use Permit No. 2009-23 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or 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 to the Site Plan Review approval of DP No. 2009-53. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. A six-foot high masonry wall shall be maintained at the north and east property line to separate this use from adjacent residential use. 4. There shall be no deliveries between 11:00 p.m. and 6:00 a.m. A. Police Department i . The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 2 . There shall be no amusement machines or video games maintained on the premises at any time. 3 . All public telephones shall be located on the interior of the premises and restricted to outgoing calls only. EXHIBIT A Resolution 2010-01 Page 5 of 7 31 A-13 4 . Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 5 . The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. 5 . It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. ~ . This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. s . Existing store and required parking within the entire commercial center must conform to 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. 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. to . Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 11. Window displays and racks must be kept to a maximum height of three feet including merchandise. 12 . Atimed-access cash controller or safe drop must be installed. i3. Interior displays and racks must be kept to a maximum of five feet including merchandise. i4 . Install a silent armed robbery alarm. Resolution 2010-01 Page 6 of 7 31A-14 15. 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 cannot be taped over more than six times. (f) An audio recording component that will record sounds occurring at the customer counter. 16. 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. Resolution No. 2010-01 Page 7 of 7 31 A-15 31 A-16