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HomeMy WebLinkAbout2006-15KO- 6/19/06 RESOLUTION NO. 2006-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT N0.2006-07 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 Resolution No. 2006-015 Page 1 of 7 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? i 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: Resolution No. 2006-015 Page 2 of 7 AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Rodriguez (1) ABSTENTIONS: Commissioners: None (0) Christop r Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney a Kylee O. Otto' Assistant Cifi~i 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: r~0 ''~ Se etary of the Wing Co fission City of Santa Ana • Resolution No. 2006-015 Page 3 of 7 Conditions for Approval 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 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 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. 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 Exhibit A Resolution No. 2006-015 Page 4 of 7 • 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. Atimed-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 Loitering/Trespass" 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 Resolution No. 2006-015 Page 5 of 7 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. Clearl distinguishable height markers shall be installed on the inside door Y 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. • Resolution No. 2006-015 Page 6 of 7 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 2"d ,Santa Ana, California 92702. On June 29.2006 I served the a true copy tnereot enciosea m Dan Popa and Ron Taylor 7-Eleven 330 East Lambert Road, Suite 150 Brea, CA 92821 document described as: rmit No. 2006-07 m this action enve ones arc dressed as follows: [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(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 June 29, 2006 at Santa Ana, California. MARTHA RAM Z