HomeMy WebLinkAbout2000-60•
RESOLUTION NO.00- 60
BK:12/26/00
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SANTA ANA APPROVING NEGATIVE DECLARATION FOR
ENVIRONMENTAL REVIEW NO. 00-185, AND APPROVING
MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 00-28 AS
CONDITIONED, TO ALLOW AFTER HOUR (24 HOUR) OPERATIONS
AT A PREVIOUSLY APPROVED SERVICE STATION AND MINI
MALL LOCATED AT 1700 EAST DYER ROAD
WHEREAS, this Commission held a public hearing on December 11, 2000, on
modifications to Conditional Use Permit No. 00-28 as conditioned, to permit after hours
(24 hour) operation of a previously approved service station and mini mall located at
1700 East Dyer Road (at the SR-55 freeway); and
WHEREAS, the Planning Commission, based upon the complete record presented
to it, including all public testimony and environmental information, and in the exercise of
its sound discretion has determined to approve this application for modification, after
applicant's explicit testimony that it has no further applications seeking modification
currently planned or contemplated;
• NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA AS FOLLOWS:
1. The Planning Commission has reviewed and considered the information
contained in the initial study and the negative declaration for Environmental Review
No. 00-185 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 Negative Declaration adequately addresses the expected
environmental impacts of this modification to conditional use permit no. 00-28. 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 negative
declaration and accompanying mitigation monitoring plan and directs that the Notice of
Determination be prepared and filed with the County Clerk of the County of Orange in the
manner required bylaw.
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, CAR § 735.5(a)(3), the payment of Fish and Game Department
filing fees is not inquired in conjunction with this project.
2. The Planning Commission approves the requested modification to Conditional
Use Permit No. 00-28 as conditioned in Exhibit A hereto, which is incorporated herein by
this reference. This decision is based upon the evidence submitted at the abovesaid hearing
upon which this Commission finds and determines as follows:
A. Will the proposed use provide a service or facility which will contribute to the
general well being of the neighborhood or the community?
The mini market will serve the service station customers and adjacent
community as well as travelers on the State Route 55. Business hours
between 12:00 (midnight) and 5:00 a.m. allow the community to purchase
items generally unavailable during these hours from other retail
establishments.
B. 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 previously approved service station and mini mart will provide
additional service to the service station patrons and the adjacent business
• community. The conditions of approval proposed require the market to
maintain a safe environment as well as aesthetics of the site.
C. Will the proposed use adversely affect the present economic stability or future
economic development of properties surrounding the area?
The mini mart will generate City tax revenue and employment in the
community. During the hours proposed, the use provides services that
complement surrounding business and as conditioned will not adversely
affect economic development or stability of the area.
D. Will the proposed use complies 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 (midnight) and
5:00 a.m.
• E. Will the proposed use adversely affect the General Plan or any specific plan of the
City?
The retail use is in a General Plan area designated General Commercial.
The use is consistent with the General plan and the CS (Arterial
Commercial) zoning district that allows retail and service uses.
ADOPTED this 11 day of December, 2000, by the following vote:
AYES: Commissioners Mondo, Nalle, Doughty, Verino, Cribb, and
Richardson
NOES: Commissioners None
ABSENT: Commissioners None
ABSTENTIONS: Commissioners None
ATTEST:
t' ~d~L GL'l..
. ~~Sharon McCain-Johnson
Secretary to the Planning Commission
•
APPROVED AS TO FORM:
EXHIBIT A
MODIFICATION OF CONDITIONAL USE PERMIT NO.00-28
DECEMBER 11, 2000
PAGE 1 OF 2
Conditions for Aaaroval
Modifications to Conditional Use Permit No. 00-28 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 np '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. 00-71.
B. Police Deaartment
1. The applicant shall be responsible for maintaining the premises free of graffiti.
All graffiti shall be removed within 24 hours of occurrence.
2. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
3. 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.
4. Atimed-access cash controller must be installed.
S. Install a silent armed ~ ro bery alarm. (Modified by Planning
Commission December ll, 2000).
6. All pay telephones shall be located inside the premises.
• EXHIBIT A
EXHIBIT A
MODIFICATION OF CONDITIONAL USE PERMIT NO.00-28
DECEMBER 11, 2000
PAGE2OF2
7. There shall be no coin-operated games maintained upon the premises at
any time.
8. The applicant(s) shall be responsible for maintaining the premise free of
litter.
9. The conditional use permit shall be evaluated after 90 days, six months,
and then annually thereafter be the Police Department for any
modifications to the conditions of approval.
10. "No Loitering/Trespass" signs/placards in shall be posted in the parking
lot. The posted signs must conform to Penal Code Section 602.
11.
..t a •tt >,s „ae,t :F +t,o „t;,..,„« nt;o~ ~„« n u ~
1}ee~s~(Modified by the Planning Commission December ll, 2000).
U