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HomeMy WebLinkAbout31A - CUP - 7-ELEVEN AT 1441 W MACARTHURREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 2, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2012-08 TO ALLOW THE AFTER HOURS OPERATION AT A NEW 7-ELEVEN AT 1441 WEST MACARTHUR BOULEVARD - BARRY HAMMOND, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2 d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2012-08 as conditioned. PLANNING COMMISSION ACTION On June 11, 2012, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2012-08 as conditioned by a vote of 5:0 (Gartner and Turner absent) to allow the 24- hour operation at a new 7-Eleven convenience store located at 1441 West MacArthur Boulevard in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Jay M. Trevi o Executive Director Planning & Building Agency AP:rb ap\reports\CUP12-08 7-Eleven after hours.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 11, 2012 TITLE: PUBLIC HEARING - FILED BY BARRY HAMMOND FOR CONDITIONAL USE PERMIT NO. 2012-08 TO ALLOW THE AFTER HOURS OPERATION AT A NEW 7-ELEVEN AT 1441 WEST MACARTHUR BOULEVARD Prepared by . Ali Pezeshkpour PLANNING COMMISSION SECRETARY APPROVED ? As Recommended L) As Amended G7 Set Public Hearing For DENIED Q Applicant's Request L] Staff Recommendation CONTINUED TO 1 Executive Director Plannin anager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2012-08 as conditioned. Reguest of Applicant Barry Hammond, on behalf of 7-Eleven Stores, Inc., is requesting approval of a conditional use permit to allow the 24-hour operation at a proposed 7-Eleven convenience store at 1441 West MacArthur Boulevard. Retail establishments less than 20,000 square feet in size and that operate between 12:00 midnight and 5:00 a.m. require a conditional use permit pursuant to Section 41- 365.5 of the Santa Ana Municipal Code (SAMC). Prolect Location and Site Description The proposed location of the 7-Eleven is within an existing tenant suite in the small commercial center at the northeast corner of MacArthur Boulevard and Plaza Drive. The tenant suite is 2,496 square feet in size and is currently vacant. The center has a total of 117 parking spaces. The site is surrounded by commercial uses to the east and south, and residential uses to the north and west (Exhibits 1 and 2). Protect Description 7-Eleven, Inc. operates multiple convenience store locations In Santa Ana; it does not currently operate at the proposed location. The establishment proposes to obtain an after hours conditional use permit to operate 24 hours a day. The project seeks to carry out tenant improvements typically associated with the opening of a convenience store. The store will have multiple shelves and cold case displays, and the cash registers will be located towards the front of the store, visible from the street. The sale of alcohol is not proposed as part of this project (Exhibits 3 and 4). EXHIBIT A 31A-3 Conditional Use Permit No. 2012-08 June 11, 2012 Page 2 Due to the fact that applications for after hours operations are heard by the Planning Commission, a separate public hearing took place with the Zoning Administrator to consider the concurrent request to allow a Type 20 ABC license. On May 22, 2012, the Zoning Administrator denied the applicant's request for Conditional Use Permit No. 2012-07 to allow the proposed ABC license Project Backaround 7-Eleven Stores, Inc. is a globally-recognized convenience store chain. The company operates approximately one dozen stores in Santa Ana, which range in size from 2,400 to 3,000 square feet. These stores offer a full range of items typically found at a convenience store, as well as a large prepared food and beverage section. The company operates as a franchise, and the proposed store at 1441 West MacArthur Boulevard would be this operator's first location in Santa Ana. In 2008, Amendment Application No. 2008-02, General Plan Amendment (GPA) No. 2008-01, and Variance No. 2008-03 were approved for the site to allow for the construction of two new retail buildings and the remodeling of an existing structure. The project was completed in 2010. General Plan and Zonina Consistency The General Plan land use designation for the site is General Commercial (GC). Such land use designations are designed to provide retail-oriented uses along the City's commercial corridors, and to accommodate major development activity. Specifically, the proposed 24-hour operation is consistent with multiple policies of the Land Use and Economic Development Elements of the General Plan. These include: Land Use Element Policy 2.9, which supports developments that create a safe and attractive business environment; Economic Development Element Policy 4.5, which encourages making land use decisions not based purely on fiscal considerations; and Land Use Element Policies 5.1 and 5.5, which encourage projects that are compatible with surrounding land uses and that do not have the potential to negatively impact quality of life. Further details are provided in the Project Analysis and Findings of Fact sections. The parcel is located within the General Commercial (C-2) zoning district. General Commercial zones allow for retail and service uses such as 7-Eleven stores, making the proposed use consistent with the zoning code. Project Analysis Conditional use permit requests are governed by Section 41-638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. 31A-4 Conditional Use Permit No. 2012-08 June 11, 2012 Page 3 • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed 24-hour operation at the site will provide a service or facility which will contribute to the general well being of the neighborhood or community. Approving an after hours conditional use permit at the site will provide an additional convenience to the community by allowing patrons the ability to purchase a variety of store items at hours that are convenient for a broad range of customers. The CUP license will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By offering extended hours of operation, 7-Eleven can better serve the community by providing added convenience and a one-stop shopping experience. • The proposed 24-hour operation will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Police Department has determined that the proposed market is located in an area that is average in police-related incidents and is located within Reporting District No. 130, which ranks 30th out of 102 citywide districts in total number of police-related incidents. The addition of after hours operations at the site will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure that the potential for increased calls for service to the site will be kept at a minimum. • The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application would support Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages 31A-5 Conditional Use Permit No. 2012-08 June 11, 2012 Page 4 making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of 24-hour operation for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. The proposed after hours conditional use permit will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to 24-hour operations to ensure that the use does not impact neighboring properties or create an attractive nuisance. The proposed project will not adversely affect the General Plan. Retail establishments and 24- hour operations are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this application is also consistent with Policies 5.1 and 5.5 of the Land Use Element of the General Plan, which encourage projects that are compatible with surrounding land uses. The project's proximity to multi-family residential properties to the north is mitigated by a 6-foot-high block wall, a secured gate, and the absence of parking at the rear of the store that would abut neighboring residences. Police Department Analysis The Police Department reviews conditional use permit (CUP) applications for after hours operations and for the sale of alcoholic beverages based on studies that show a strong correlation between the availability of alcohol and increased crime. It has been determined that the project's location at 1441 West MacArthur Boulevard is in an area with average police incidents, ranking 30th out of 102 citywide districts in total number of police-related incidents. Concerns from the site's proximity to multi-family residential developments and with nuisances that could result from after hours operations have been mitigated through the conditions of approval and the development standards of the site, including a separating block wall, a secured gate, and the absence of parking at the rear of the store that would abut neighboring residences. Due to the presence of these mitigating factors, the Police Department recommends approval of CUP No. 2012-08. 31A-6 Conditional Use Permit No. 2012-08 June 11, 2012 Page 5 Public Notification The project site is not located within an established Neighborhood Association boundary. However, the presidents of the South Coast and Republic Homes neighborhood associations were notified by mail 10 days prior to this public hearing. In addition, staff from the City's Neighborhood Improvement Division contacted the presidents to ensure that the presidents were notified of the project and to see if there were any areas of concern. No areas of concern were identified by either Neighborhood Association president, nor was there a request that the applicant present the project to a meeting of members. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2012-16 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2012-08, as conditioned. Ali Pezeshkpour Planning Intern Verny Carvajal Senior Planner AP:jm ap%reportslCUP12-08 7-Eleven after hours.pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Zoning Map Exhibit 3 - Site Plan Exhibit 4 - Floor Plan 31A-7 & so- 46 ??RIv {P'R'D D 11 II 1? A11?T( Al ICI Al Al I Al {.I Al f f) Al SD-SI SD•51 M A 1 r 5D-6 Z W LRf SDA SD-4 R1 fli R1 PRD FHD H M 1s1 'Al PPD_ SO-4 \\ RI-PRO 1 tl II 1 RI-PRO i, it I -,I r?r` ?i LRiT $D-44 I I I ? I L? I II II I,1 I7 I .-___•I ? \-/' 11 I?, III. .... SUNFLOWER f I t y 0 t c o s t i m e z. RI T RI R C1 (I Rl gi ijJl n Rl i A . a7 5 R4 RDPnD '? RI y C4 O I Ml ,il MI ; Ml SD-5 C4 i / R2-PRD C4 PROJECT SITE, R4 C2 .- _..... r. C2 J0 1 N 1 cc SD-49 CR CD 5D- 4s AVE. Al GENf WAG 0JLTLFALt O2 CCFAM6Y,7A1JMDWAL RI 8NG EFAMILYF4BDMAL -8 PAMNGMODIRCA110N GC 0(r/Bt8lENTC8fM FQ TAOFAMLYRESONCE C-9A C0YAMHUAL9JUMIAAJN M1 LIGFMKDUSTIiAL R1 MUL1IF1EDR431YMLILTIR.E C7 WAMLINTY0.Y,4iS AL M2 F&WINDUStRAL FAMILYFESDB4CE C14D CX7W WAM8;UWMUffiN iSIRCT MO MUTAF fC PMAI10NS M 9JDJF8WAM MfMi'S C2 L LCXM4AW4CtA.L O OPENSACE FE FESDB4RAL PSTATE C3 CRM ALW8t4Eb5 P FFU"MONAL a) MRCDMOFIAB4T CSA O3d7R4L9JyF?ARIIS MUAGE KD RANNWCOMMUNTYDEL9-OW.Wr S, 9WFICRAN CR FIAt4NM& MNGCDM Fib RM1NWfMD9MALOLYfl0MlW C5 ARTERAL(7pRUARY CUP 12-08 7-ELEVEN AFTER HOURS A 1441 WEST MACARTHUR BOULEVARD J _ 5W FEET ,000 FLEET P L A N N I N G A N D B U _I . L0 1 N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-8 M U L T F A M I L Y R E S I D E N C E C M E C I A L E- M U L T I w U-j F A M I L Y R E S I D E N C E L T I M.F,R. M U F A M I L Y R E S I D E N C E v w O Project Si te roFx MACARTHUR BOULEVARD M U L T I O F A M I L Y F- R E S I D E N C E COMMERCIAL `r' Q N co Q a CUP 12-08 7-ELEVEN AFTER HOURS 1441 WEST MACARTHUR BOULEVARD ?r P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 I I ;a .. , ncx-IS.iI , ® auV ow 10[26 v0 'YNY VINYS `u* 5 Jill ae ?taw.amw A8?1878?L E ` r I 1 r ' fit ' if ! life q _ O Lp i t ? 1 1 ki 7 ? 1 - I I I ` I S a ? ; I I - 1 t ? 2.1•R a EEI O I I ? I 'n t , I 1 ? s p18¢t ? 1111E t I .n. ? - s [] r EMAT- x Dr W • =IVD'VNV Az I I_L-i--] I t 1 lunhu b. r? 1W ROH - 06/11/12 RESOLUTION NO. 2012-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-08 TO ALLOW THE AFTER-HOURS OPERATION AT A NEW 7-ELEVEN AT 1441 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. Applicant is requesting approval of Conditional Use Permit No. 2012-08 to operate a new 7-Eleven 24 hours a day on the property located at 1441 West MacArthur Boulevard. B. Santa Ana Municipal Code Section 41-365.5 requires a conditional use permit for retail establishments less than 20,000 square feet in size that operate between 12:00 midnight and 5:00 a.m. C. On June 11, 2012, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2012-08. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2012-08 to allow for after hours operation: 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 24-hour operation at the site will provide a service or facility which will contribute to the general well being of the neighborhood or community. Approving an after hours conditional use permit at the site will provide an additional convenience to the community by allowing patrons the ability to purchase a variety of store items at hours that are convenient for a broad range of customers. The CUP license will not negatively affect the surrounding community as conditions of approval have been included to reduce Resolution No. 2012-05 Page 1 of 7 31 A-12 potential impacts and avoid the potential for an attractive nuisance being established. By offering extended hours of operation, 7-Eleven can better serve the community by providing added convenience and a one-stop shopping experience. 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? The proposed 24-hour operation will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Police Department has determined that the proposed market is located in an area that is average in police-related incidents and is located within Reporting District No. 130, which ranks 30th out of 102 citywide districts in total number of police-related incidents. The addition of after hours operations at the site will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure that the potential for increased calls for service to the site will be kept at a minimum. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application would support Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of 24-hour operation for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow 7-Eleven to remain competitive with similar uses in Resolution No. 2012-05 Page 2 of 7 31 A-13 the area which offer similar goods found in convenience stores. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed after hours conditional use permit will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to 24-hour operations to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Retail establishments and 24-hour operations are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this application is also consistent with Policies 5.1 and 5.5 of the Land Use Element of the General Plan, which encourage projects that are compatible with surrounding land uses. The project's proximity to multi-family residential properties to the north is mitigated by a 6- foot-high block wall, a secured gate, and the absence of parking at the rear of the store that would abut neighboring residences. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2012-16 will be filed for this project. Resolution No. 2012-05 Page 3 of 7 31A-14 Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2012- 08 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated June 11, 2012 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 11th day of June 2012 by the following vote: AYES: Commissioners: Acosta, Alderete, Mill, Nalle, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Turner (2) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 11. 2012. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2012-05 Page 4 of 7 31 A-15 Conditions for Approval of Conditional Use Permit No. 2012-08 Conditional Use Permit No. 2012-08 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rp for 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 All proposed site improvements must conform to the Site Plan Review approval of DP No. 2012-05. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. B. Police Department The applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 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. 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 A Resolution No. 2012-05 Page 1 of 3 Page 5 of 7 31 A-16 6. A timed-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. 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 approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification 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 video tape 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. g. Cameras are to cover the southern and western parking lots. EXHIBIT A Page 2 of 3 Resolution No. 2012-05 Page 6 of 7 31 A-17 14. Clearly distinguishable height markers shall be installed on the inside door jamb 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 Page 3 of 3 Resolution No. 2012-05 Page 7 of 7 31 A-18