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HomeMy WebLinkAbout2003-13u Lss 06/13/03 RESOLUTION NO.2003-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-08 TO ALLOW AFTER-HOURS OPERATION OF A SERVICE STATION AT 2291 SOUTH BRISTOL STREET 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. Conditional Use Permit No. 2003-08 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 9, 2003. • B. The applicant is requesting approval of Conditional Use Permit No. 2003- . 08 to allow after-hours operation at a new Union 76 service station and convenience store located at 2291 South Bristol Street. C. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 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 service station and mini-mart will contribute to the general well being of the community by providing gasoline and food service to commuters, individuals who work in the area, and motorists traveling along South Bristol Street. Maintaining business hours between 12:00 a.m. and 5:00 a.m. will allow motorists and the surrounding 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? Resolution No. 2003-13 Page 1 of 7 • Conditions have been incorporated into the project to help minimize any adverse impacts that the project might generate as the result of its after-hours operation. Conditions such as requiring that pay phones be located within the interior of the market and ensuring that visibility is maintained form the street to the interior of the market are incorporated to increase the safety of employees and users of the site. Conditions for the project will be reviewed after ninety days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. It is not anticipated that the use or the proposed after-hours operation of the mini-market, in conjunction with the proposed conditions, will be detrimental to the health, safety or general welfare of persons working in the area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The service station and mini-mart use will generate City tax revenue and employment in the community. During the hours proposed, the use provides services to the community, and therefore, it is anticipated that the use will enhance rather than adversely affect the economic development or stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The project has been designed to comply with the City's design and development standards for a service station/mini- market use and will be in compliance with the regulations established in Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any Specific Plan of the City? The service station and mini-mart 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 which permits service stations, and allows mini-markets under 20,000 square feet with operating hours between midnight and 5:00 a.m. with a conditional use permit. • Resolution No. 2003-13 Page 2 of 7 • D. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002-124 is approved and adopted. Section 2. The Planning Commission of the City of Santa Ana hereby, approves Conditional Use Permit No. 2003-08 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 9th day of June, 2003 by the following vote: AYES: Commission members: NOES: Commission members: ABSTENTION: Commission members Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) None (0) None (0) NOT PRESENT: Commission members: None (0) • • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By. Laura S dy i Assistan ity Attomey ~`~ (. ALEXp(NDER NALLE Chairperson Resolution No. 2003-13 Page 3 of 7 ~J ~~ ~~ • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2003-13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 9, 2003. Date: ~ perk of th I ing City of S Ana mission Resolution No. 2003-13 Page 4 of 7 • EXHIBIT A Conditions for Approval for Conditional Use Permit No 2003-08 Conditional Use Permit No. 2003-08 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 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. 02- • 01). 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. Mitigation Measures 3. Prior to issuance of building permit, the applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 4. The fuel dispensing area for this project shall be paved with concrete and shall extend six and one half feet from the comer of each fuel dispenser in any direction. 5. The fuel dispensing area shall be provided with a canopy structure extending over the concrete paved fuel dispensing area. • Resolution No. 2003-13 Page 5 of 7 • 6. The fuel dispensing area shall be graded and constructed so as to prevent drainage flow either through or from the fuel dispensing area. 7. The trash enclosure area shall be either fully roofed or drain into a water quality inlet to prevent discharge of petroleum compounds and grease into the storm drain system. 8. The concrete motor fuel dispensing area to be graded and constructed so as to drain to an underground clarifier/sump/tank equipped with ashut-off valve that can stop the further drainage of storm water or spilled material into the street and storm drain system. Spills shall be cleaned up according to the Spill Contingency Plan. 9. Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. 10. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. 11. Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non-Structural Best Management Practices, which may apply to this project. B. Police Department The existing building and parking must conform to the 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. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. • 6. Atimed-access cash controller must be installed. Resolution No. 2003-73 Page 6 of 7 • 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 annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. C7 • Resolution No. 200313 Page 7 of 7