HomeMy WebLinkAbout2002-28• Kdo/09/10/02
RESOLUTION NO. 2002-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2002-12 TO ALLOW A GAS STATION AND
EXTENDED OPERATION HOURS AS CONDITIONED FOR
THE PROPERTY LOCATED AT 1727 EAST DYER ROAD
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. 2002-12 came before the Planning Commission of the
City of Santa Ana for a public hearing September 23, 2002.
B. Conditional Use Permit No. 2002-12 has been filed with the City of Santa Ana
seeking to allow operation of a gas station and convenience store between the hours
of midnight (12:00 a.m.) and 5:00 a.m. at 1727 East Dyer Road.
C. 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 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 utilizing the
SR-55 freeway corridor. In addition, the site is adjacent to the Red
Roof Inn so users of the motel facility will have a convenient place to
fuel their vehicles and obtain food, snacks and sundry items. 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.
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. 2002-28
Page 1 of 4
• The proposed service station and mini-market will provide additional
services to individuals working in the area as well as commuters who
utilize the SR-55 freeway corridor. 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 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. It is not anticipated that the use or the proposed after hour
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 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 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 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/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 proposed gasoline 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 Arterial Commercial (C-5)
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.
•
Resolution No. 2002-28
Page 2 of 4
• D. In accordance with the California Environmental Quality Act, Mitigated Negative
Declaration and Mitigation Monitoring Program, Environmental Review No. 2000-208
has been prepared for this project.
Section 2. The Planning Commission has reviewed and considered the information
contained in the initial study and the negative declaration 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 Mitigated Negative Declaration and Mitigation Monitoring
Program adequately addresses the expected environmental impacts of this Project. On the basis of
this review, the 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 Mitigated 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 § 753.5(a)(3), the payment
of Fish and Game Department filing fees is not required in conjunction with this project.
•
Section 3. The Planning Commission of the City of Santa Ana hereby, approves
Conditional Use Permit No. 2002-12 as conditioned in Exhibit "A" attached hereto and incorporated
herein.
ADOPTED this 23~d day of September, 2002 by the following vote:
AYES: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, Verino (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Richardson (1)
ABSTENTIONS: Commissioners: None (0)
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1
/(//~/~
'Alexander Nalle
'~ - Chairperson
•
Resolution No. 2002-28
Page 3 of 4
4PPROVED AS TO FORM:
~oseph W. Fletcher, City Attorney
By: h
Kylee Odett
Deputy Cityt torney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, the Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2002-28 to be the original resolution adopted by the Planning Commission
of the City of Santa Ana on September 23, 2002
Date: Z z--- ®~
Planni g Commi ~ Secretary
City of Santa A
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~~
• Resolution No. 2002-28
Page 4 of 4
. Conditions for Approval for Conditional Use Permit No. 2002-12
Conditional Use Permit No. 02-12 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 prior
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. 01-84.
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.
a. Submit and have approved a surface drainage/utility plan
that includes all Structural Best Management Practices.
•
b. 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.
12. 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.
13. The fuel dispensing area shall be provided with a canopy structure
extending over the concrete paved fuel dispensing area.
14. 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.
15. 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.
•
Exhibit A
Page 2 of 3
• 16. The applicant shall be responsible for maintaining the premises free
of graffiti. All graffiti shall be removed within 24 hours of
occurrence.
17. Cash register must be visible from the street at all times and shall
not be obstructed at any time by temporary or permanent signage.
18. Window displays must be kept to a minimum for maximum visibility
and shall not exceed 25 percent of window coverage.
19. 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.
20. Atimed-access cash controller must be installed.
21. Install a silent armed robbery alarm.
22. There shall be no coin-operated games maintained on the premises
at any time.
23. All pay telephones shall be located inside the premises.
• 24. The petitioner(s) shall be responsible for maintaining the premises
free of litter.
25. 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.
26. "No Loitering/Trespass" signs/placards shall be posted in the
parking lot. The posted signs must conform to Penal Code Section
602.
•
Exhibit A
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