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HomeMy WebLinkAbout20120611_-2012-05_1441WMacArthur• ROH - 06/11112 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 • 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 • 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. is 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 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. 0 0 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) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:4 Ryan O.I Assistant 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 C mission City of Santa Ana Resolution No. 2012-05 Page 4 of 7 • 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 prior Lo 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. 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 1. 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 • 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 0 0 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 Page 3 of 3 Resolution No. 2012-05 Page 7 of 7