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HomeMy WebLinkAbout2003-03C7 kdo/01 /17/03 RESOLUTION NO. 2003-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2002-32 FOR A GAS STATION/MINI- MARKET AND CONDITIONAL USE PERMIT NO. 2002-31 TO OPERATE BETWEEN MIDNIGHT AND 5:00 A.M. FOR THE PROPERTY LOCATED AT 3801 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. The Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2002-070, Conditional Use Permit No. 2002-32 and Conditional Use Permit No. 2002-31 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on • January 27, 2002. B. Conditional Use Permit No. 2002-32 has been filed with the City of Santa Ana seeking to allow the operation of a gas station/mini-market within the Commercial Residential (CR) zoning district. Pursuant to Santa Ana Municipal Code Section 41-442.5(b) for service stations integrated into larger development sites are subject to the issuance of a Conditional Use Permit. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or 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. Resolution No. 2003-03 Page 1 of 6 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? a) Conditions have been incorporated into the project to minimize any adverse impacts that the project might generate as the result of its after hour operation. Conditions such as requiring that pay phones be located within the interior of the market and ensuring that visibility is maintained from 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 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. The use, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons working in the area. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties • surrounding the area? The gasoline service station and mini mart use will generate City tax revenue and employment in the community. 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 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 uses 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 gasoline service station and mini mart is in an area designated District Center (DC) in the Resolution No. 2003-03 Page 2 of 6 • General Plan. The use is consistent with the General Plan and the Commercial Residential (CR) zoning district which permits service stations provided they are integrated into a larger development site with a conditional use permit. C. Conditional Use Permit No. 2002-31 has been filed with the City of Santa Ana seeking to allow the operation of a gas station/mini-market after hours within the Commercial Residential (CR) zoning district. Pursuant to Santa Ana Municipal Code Section 41-442.5(e) retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between 12:00 a.m. and 5:00 a.m. are subject to the issuance of a Conditional Use Permit. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood. or 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. Business hours between 12:00 a.m. and 5:00 a.m. 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? Conditions have been incorporated into the project to help minimize any adverse impacts that the project might generate as the result of its after hour operation. Conditions such as requiring that pay phones be located within the interior of the market and ensuring that visibility is maintained from 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 90 days, six months, one year and annually thereafter to ensure Resolution No. 2003-03 Page 3 of 6 • that the business is in compliance with conditions approved for the project. The proposed after hour operation of the mini-market, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons working in the area. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The gasoline 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 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 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 uses 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 gasoline service station and mini mart is in an area designated District Center (DC) in the General Plan. The use is consistent with the General Plan and the Commercial Residential (CR) zoning district which permits service stations and mini- markets under 20,000 square feet and open between midnight and 5:00 a.m. with a conditional use permit. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation • negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Resolution No. 2003-03 Page 4 of 6 • Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigation negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No.2002-32 as conditioned in Exhibit "A" attached hereto and incorporated herein and Conditional Use Permit 2002-31 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 27th day of January, 2003 by the following vote: AYES: Commissioners: Cribb, Doughty, Leo, Nalle, Richardson (5) • NOES: Commissioners: None (0) ABSENT: Commissioners: Mondo, Verino (2) ABSTENTIONS: Commissioners: None ,, ,-- ~' /jr ~,.~~ f/ Alexander Nalle ~- Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O tte Deputy ity Attorney • Resolution No. 2003-03 Page 5 of 6 • • • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2003- to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 27, 2003. Date: ~ brining fission Secretary ity of S Ana Resolution No. 2003-03 Page 6 of 6 • Conditions for Approval for Conditional Use Permit No. 2002-31 and 2002-32 Conditional Use Permit No. 2002-31 and Conditional Use Permit No. 2002-32 are 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- 56. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if • administrative relief is available or the conditional use permit must be amended. MITIGATION MEASURES 3. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. 4. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 5. Streets surrounding the project site should be cleaned at the end of each day of construction. 6. All materials transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 7. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. • EXHIBIT "A" Page 1 of 3 8. To the extent feasible, equipment engines shall be maintained in good • condition and in proper tune according to manufacturer's specifications. 9. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. 10. 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. 11. 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. 12. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. 13. 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. 14. The fuel dispensing area for this project shall be paved with concrete and shall extend six and one half feet from the corner of each fuel dispenser in any direction. 15. The fuel dispensing area shall be provided with a canopy structure extending over the concrete paved fuel dispensing area. 16. The Fuel dispensing area shall be graded and constructed so as to drain to an underground clarifier, sump or tank with ashut-off valve to prevent discharge of spilled chemicals and contaminants into storm drain system. 17. The trash enclosure area shall be either fully roofed or to drain into a water quality inlet to prevent discharge of petroleum compounds and grease into the storm drain system. B. Police Department 1. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The petitioner shall be responsible for maintaining free of litter the area • adjacent to the premises over which he has control. EXHIBIT "A" Page 2 of 3 • 3. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin-operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 7. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. 8. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises is in operation. 9. This CUP shall be reviewed by the Police Department after 90 days, six months, one year and annually thereafter for modifications or violations of any of the conditions. 10. The existing building and parking must conform with 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. 11. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 12. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 13. 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. 14. Atimed-access cash controller must be installed. 15. A Santa Ana Police Department approved employee robbery prevention program shall be submitted for review and approval. EXHIBIT "A" Page 3 of 3