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HomeMy WebLinkAbout2005-12 RESOLUTION NO. 2005-12 KO - 5/25/05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO 2005-08(A) TO ALLOW A CAR WASH; APPROVING CONDITIONAL USE PERMIT NO. 2005-08(B) AS CONDITIONED TO PERMIT AFTER HOURS OPERATION AND APPROVING VARIANCE NO. 2005-04 AS CONDITIONED TO REDUCE THE REQUIRED LANDSCAPE SETBACKS FOR THE PROPERTY LOCATED AT 100 WEST MACARTHUR BOULEVARD 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. 2005-08(A) and (B) and Variance No. 2005-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on April 25, 2005. B. Conditional Use Permit No. 2005-08(A) has been filed with the City of Santa Ana seeking to allow the construction of car wash at the property located at 100 West MacArthur Boulevard. Pursuant to Santa Ana Municipal Code Section 41-424.5, a Conditional Use Permit is required for car wash establishments in the C5 zoning district. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. The Planning Commission determines that the findings necessary to grant the Conditional Use Permit have not been established: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed car wash will not contribute to the general well being of the community as the noise levels generated from the washing and drying • functions of the car wash will adversely impact the surrounding residential uses. Resolution No. 2005-12 Page 1 of 7 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 car wash will generate noise levels a minimum of 12 hours per day that will affect the resident's quality of life. Although the noise levels can be reduced, the car wash operations will still generate a significant level of noise that will affect the residents. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The car wash will adversely affect the economic stability of the surrounding residents, as the car wash will become a nuisance whose noise impacts will affect the resident's quality of life. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such • use? The project is not in compliance with the City's design and development standards for a service station use. The site is currently deficient in regards to on-site landscaping and signage and will necessitate the granting of a variance to bring the site into compliance. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The car wash will be in conflict with the goals of the General Plan. For instance, the car wash is in conflict with Goals No. 3 and 5, which are intended to protect neighborhoods and requires mitigation of development impacts. C. Conditional Use Permit No. 2005-08(B) has been filed with the City of Santa Ana seeking to allow the convenience store to remain open between the hours of 12:00 and 5:00 a.m. at the property located at 100 West MacArthur Boulevard. 1. Pursuant to Santa Ana Municipal Code Section 41-424.5, a • Conditional Use Permit is required for retail markets having less Resolution No. 2005-12 Page 2 of 7 than 20,000 square feet of floor area which are open between the hours of 12:00 a.m. and 5:00 a.m. in the C5 zoning district. 2. 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 the community? The proposed after hours operation of the service station and convenience store of 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. 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 after hours operation of the service station and convenience store will not be detrimental to individuals residing and working in the area. Conditions have been incorporated into the project to reduce adverse impacts that the project might generate as the result of the after hours operation such as the requiring that pay phones be located within the interior of the store and ensuring that visibility is maintained from the street to the interior of the store will increase the safety of employees and users of the site. The after hours operation of the service station and convenience store, 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 convenience store will generate City tax revenue and employment in the community. During the hours proposed, the use provides services to the community and therefore the Resolution No. 2005-12 Page 3 of 7 • 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 S.A.M.C. for such use? The project has been designed to comply with the City's design and development standards for a service station use 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 convenience store is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the Arterial Commercial (C5) zoning district which permits service stations and retail stores less than 20,000 square feet and open between midnight and 5:00 a.m. with a • conditional use permit. D. Variance No. 2005-04 has been filed seeking to reduce the required landscape setbacks for the property located at 100 West MacArthur Boulevard. Although Section 41-427 of the SAMC requires a 15 foot wide setback, Section 41-689 allows nonconforming service stations the ability to reduce the required setback provided an equivalent amount of landscaping is provided within view of the public street. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a Variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project is an existing service station that had its landscape setback on MacArthur reduced due to a • street widening project several years ago. Due to the street widening, and the location of the existing fuel Resolution No. 2005-12 Page 4 of 7 • pumps and building, it is infeasible to provide the required landscaped setback. The applicant has provided additional landscaping at the northeast corner of the site and within the interior of the project to mitigate the reduced setback. Therefore, due to the size of the lot, the strict application of the zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance for a reduction in landscaped setbacks will preserve the property owners ability to develop the property with a use that will benefit the community by providing gasoline and food service to commuters, individuals who work in the area and motorists utilizing the SR-55 freeway corridor. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public welfare or injurious to surrounding property as proposed. The project will enhance the economic stability of the area by allowing the commercial component, thereby identifying the site as a vital, active commercial development. Therefore, the granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the a variance will not adversely affect the General Plan of the City since the proposed service station and convenience store have been designed in conformance with City zoning, development and General Plan requirements. Resolution No. 2005-12 Page 5 of 7 E. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004-240 has been prepared for this project. Section 2. The Planning Commission after conducting the public hearing hereby: A. Denies Conditional Use Permit No. 2005-08(A) seeking to allow the construction of car wash at the property located at 100 West MacArthur Boulevard. B. Approves Conditional Use Permit No. 2005-08(B) as conditioned in Exhibit "A" attached hereto and incorporated herein. C. Approves Variance No. 2005-04 as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated April 25, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 25t" day of A~ AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: aril, 2005 by the following vote: Cribb, De La Torre, Gartner, Leo, Lutz, Mondo, Nalle(7) None (0) None (0) None (0) Glenn ondo Chairp son APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ;~ ~. Kylee O. to Assistant ity Attorney Resolution No. 2005-12 Page 6 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-12 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 25, 2005. Date: Jr Jt' ~ Panning Commission Secretary City of Santa Ana Resolution No. 2005-12 Page 7 of 7 Conditions for Approval for Conditional Use Permit No. 2005-08(B) Conditional Use Permit No. 2005-08(B) 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. 04- 96. 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. 3. Lighting shall be provided along the south property line. The lighting shall be designed to provide lighting on the site as well as for the alley located to the south of the site. 4. The plans submitted for Building Division plan check shall note that a soffit element will be installed on the north and east elevations of the convenience store building. 5. Six 36-inch box trees shall be provided along the south property line as shown on a revised landscape plan. 6. The doors of the convenience store shall remain locked between the hours of 11:00 p.m. to 5:00 a.m., seven days a week. Sales of items from the convenience store can still occur by use of the sales window. Mitigation Measures 7. During construction, the contractor is required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. EXHIBIT "A" 8. All materials excavated or graded will be sufficiently watered to prevent • excessive amount of dust. 9. 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. 10. Streets surrounding the project site should be cleaned at the end of each day of construction. 11. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 12. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 13. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 14. The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. 15. Prior to issuance of building permit, the project applicant shall coordinate with the John Wayne Airport Land Use Commission. 16. Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. 17. Construction plans for the project shall reflect that construction operations would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no construction permitted on Sundays or Federal Holidays. 18. Prior to issuance of building permits, the applicant shall submit evidence to the Planning and Building Agency that appropriate school impact fees have been paid. B. Police Department 1. The existing building and parking lot 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 EXHIBIT "A" • 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. The cash registers 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. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. 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. 6. 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. 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 and be designed to allow outgoing calls only. 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 then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No LoiteringlTrespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises 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. EXHIBIT "A" • (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 videotape 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. 14. Clearly distinguishable height markers shall be installed on the inside doorjamb 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. • EXHIBIT "A" • Conditions for Approval for Variance No. 2005-04 Variance No. 2005-04 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 variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 04- 96. 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 S amended. Mitigation Measures 3. During construction, the contractor is required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. 4. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. 5. 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. 6. Streets surrounding the project site should be cleaned at the end of each day of construction. 7. All materials transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 8. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. EXHIBIT "B" • 9. To the extent feasible, gasoline powered equipment shall be used for on- site and off-site construction activities. 10. The approved site plan for the project shall show the location of all monitoring wells on the project site. The site plan shall reflect that the monitoring wells would be accessible for monitoring and maintenance during the construction and operation of the project. 11. Prior to issuance of building permit, the project applicant shall coordinate with the John Wayne Airport Land Use Commission. 12. Building plans for the proposed project shall identify Best Management Practices that shall be employed during construction operations to minimize water quality impacts. 13. Construction plans for the project shall reflect that construction operations would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with no construction permitted on Sundays or Federal Holidays. 14. Prior to issuance of building permits, the applicant shall submit evidence to the Planning and Building Agency that appropriate school impact fees have been paid. • B. Police Department 1. The existing building and parking lot 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. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. The cash registers 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. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. 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. EXHIBIT "B" • r: 6. 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. 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 and be designed to allow outgoing calls only. 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 then 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. 13. Provide a Closed Circuit Television System capable of viewing and recording events inside the premises 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 videotape 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. 14. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal EXHIBIT "B" 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. C EXHIBIT "B"