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Home My WebLink About31A - CUP - EXTEND HOURS 5210 W FIRST STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2013-06 TO ALLOW EXTENDED BUSINESS HOURS FOR A 7-ELEVEN CONVENIENCE MARKET AT 5210 WEST FIRST STREET, SUITE A - RALPH DEPPISCH, APPLICANT /V1 CITY GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2013-06 as conditioned. PLANNING COMMISSION ACTION On June 24, 2013, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2013-06 as conditioned by a vote of 5:0 (Alderete and Gartner absent) to allow extended business hours at the new 7-Eleven convenience market at 5210 West First Street, Suite A located in the Arterial Commercial (C5) 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. a M. Trevino Executive Director Planning & Building Agency MM:rb reports\PC \C U P 13-06_AH R_5210 W F i rst. cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 24, 2013 TITLE: PUBLIC HEARING - FILED BY RALPH DEPPISCH FOR CONDITIONAL USE PERMIT NO. 2013-06 TO ALLOW EXTENDED BUSINESS HOURS FOR A 7-ELEVEN CONVENIENCE MARKET AT 5210 WEST FIRST STREET, SUITE A Prepared by Melanie G. McCann Executive Director PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended Set Public Hearing For DENIED ? Applicants Request ? Staff Recommendation CONTINUED TO ___ -----..._.-? - °. Planning Manag? RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2013-06 as conditioned. Request of Applicant Ralph Deppisch, representing 7-Eleven Convenience Market, is requesting approval of a conditional use permit to allow extended business hours at the new market. Retail markets having less than 20,000 square feet of floor area, which are open at any time between 12:00 midnight and 5:00 a.m., require a conditional use permit pursuant to Section 41-424.5(1) of the Santa Ana Municipal Code (SAMC). The applicant also requested a conditional use permit for a Type 20 Alcoholic Beverage Control (ABC) license to allow the sale of beer and wine. This application was approved by the Zoning Administrator on May 1, 2013. A confirmation of this action by the Planning Commission is scheduled as a separate item on the Planning Commission agenda of June 24, 2013. Project Location and Site Description The 7-Eleven convenience market is proposed to be located within an existing multi-tenant commercial building located on the southwest corner of Euclid and First Streets. The site is approximately 38,859 square feet in size and contains a 9,275 square foot building that was constructed in 1990. The building presently contains 10 tenant spaces occupied by a variety of retail, medical office and service uses. The proposed 7-Eleven market will merge two existing tenant spaces into a 2,475 square foot convenience market. A total of 50 on-site parking spaces are provided for the site uses. The site is surrounded by commercial and residential uses to the north, south, east and west (Exhibits 1, 2 and 2a). EXHIBIT A 31A-3 Conditional Use Permit No. 2013-06 June 24, 2013 Page 2 Project Description 7-Eleven Market is requesting approval of a conditional use permit to allow extended business hours of operation at the proposed market. The 7-Eleven Market will serve as a mini-supermarket to the surrounding residents and individuals who work in the community and sell a variety of basic products such as prepared food, groceries, limited fresh produce and household goods. To further enhance the market, the applicant is proposing to operate 24 hours a day, seven days a week to service surrounding residents and those working late hours; or others with emergency needs that can be served by the extended hours. Under a separate request, the applicant has also applied for a Type 20 alcoholic beverage license to sell beer and wine between the hours of 7:00 a.m. to 12:00 a. m. The subject site is considered to be a legal, conforming site, but there are some minor deficiencies on the site. To address this issue, the applicant is proposing to make improvements to the property that will bring the site back into compliance with the zoning code. These improvements include replacing missing landscape in the front yard setback and parking lot planters, repainting of pedestrian hand rails, and restriping of the handicap parking area (Exhibits 3 and 4). General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial districts provide accessible commercial development throughout the City and serve the commercial needs of adjacent residential uses. These districts also provide important neighborhood facilities and services such as this market. The project site is consistent with this General Plan land use designation. The zoning for the site is Arterial Commercial (C-5). The Arterial Commercial zoning district allows for retail and service uses such as the existing market, making the proposed use consistent with the zoning code. Project Analysis A 7-Eleven convenience market is proposed to occupy an existing retail space and obtain a permit to extend standard business hours to 24 hours a day, seven days a week, to serve its customers. The area is surrounded by a variety of residential uses that could benefit from the convenience market and proposed extended hours of operation. Although the market is adjacent to residential uses, it is unlikely that any negative impacts would be generated from the after-hours operation of the market. To minimize the potential for impacts, staff is recommending several conditions of approval. 31A-4 Conditional Use Permit No. 2013-06 June 24, 2013 Page 3 Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests 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. • 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 will provide a service to the residents and employees of the surrounding community by allowing them the ability to purchase a variety of dry goods, beverages and fresh daily food products at the market. The extended business hours will thereby benefit the community by providing an additional amenity. By extending hours of operation to 24 hours a day, 7-Eleven will offer a convenient experience to the neighborhood and surrounding community. Additionally, appropriate conditions have been placed on the proposed CUP, which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed request to operate the 2,475 square foot market between the hours of midnight and 5:00 a.m. at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the conditional use permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the extended hours for the retail use allows for convenient access to services and goods, benefiting the surrounding community. • The proposed use will not adversely affect the economic stability of the area, but will instead allow the market to grow its business, offering more services through extending the hours of operation for their customers. 31A-5 Conditional Use Permit No. 2013-06 June 24, 2013 Page 4 • As conditioned, the proposed 24 hour operation of the convenience market will be in compliance with all applicable regulations and conditions imposed on a retail business pursuant to Chapter 41 of the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A market with extended business hours provides an additional convenience and amenity to the residents of Santa Ana. Further, retail stores with extended business hours are permitted within the General Commercial (GC) land use designation. The proposed project is not located in a specific plan area of the City. Police Department Analysis The Police Department reviews conditional use permit applications for 24 hour operations because there can be a correlation between late night business operations and crime. Thus, the Police Department has evaluated the crime rate of the area and the site's proximity to sensitive land uses in the community. The Police Department has determined that this property is located in Reporting District No. 6, which is considered average in police-related incidents based on standards established under the State Business and Professions Code (Section 23958.4). Specifically, the area of 5210 West First Street ranks 94th out of 102 citywide reporting districts for police-related incidents. Although the site is located in an average crime area, several conditions of approval are proposed that are intended to ensure the crime rate of the reporting district does not increase due to the 24 hour operation of the facility. Finally, the site is located within 100 feet of residential dwellings, which are considered to be sensitive land uses. Although these residences could potentially see an increase in nuisance types of incidents if the extended hours of operation are approved, several conditions of approval are proposed that are intended to minimize impacts to these residents. As a result, the Police Department recommends conditional approval of this application based on an average crime rate in the area. Public Notification The project site is located within the boundaries of the Riverview West Neighborhood Association. The president of the Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, staff contacted the president to ensure that they were notified of the project and upcoming hearing. In conversation, the Riverview West Neighborhood leaders voiced their concern that extended hours would increase crime in the area, and the potential impacts of the 7- Eleven delivery truck noises on adjacent neighbors. Given that the existing commercial building acts as a buffer between the residential properties to the south and the parking and loading area to the north, additional noise impacts are not anticipated. The project site itself was posted with a 31A-6 Conditional Use Permit No. 2013-06 June 24, 2013 Page 5 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 for further review per Section 15301. The Class 1 exemption allows the extended hours of operation of existing facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013-09 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. 2013-06 as conditioned. Melanie G. McCann, AICP Associate Planner -k,,//(-, z; - Vince Fregoso, AICP Principal Planner MM:jm reports\PCICUP 13.00_AHR-6210WFirst. pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Location Map Exhibit 2a - Site Photo Exhibit 3 - Site Plan Exhibit 4 - Floor Plan 31A-7 J ( HAZARD AVE. !R3 Ri c RI T f=0 a IISD-111r RI O .-:1:4=r w R2 -- Rr z rau rc Rl R3 R2 U.} RI ' Rl CIIy of I R2 RI RI RI !At R2 R2 RI CI Rs.. ._ sr„sr _. 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WEII-FEMPARIAeM C2 (394EPALCCI MERIAL O Gil SPACE FE F€BD94 ESFATE C3 CBRFALEJ9NRE P FTICFEMCIN L SD SISIRCDeALO MEJT C3-A CBOFapl "NBSAMSIMtIAC£ FCD FLAMEDOMWILUTYMALCIFNIENT S' SWFICPlAN C4 PLANNED &KHNGCEYIEi F12D RANr1®IZ?CEd11AL0LLflOHA8Y4 CS AMEFOLWAME IAL CUP 2013-06 7 ELEVEN CONVENIENCE STORE 5210 WEST FIRST STREET, SUITE A - - =600 FEET 1" = 1000 FEET P L A N N I N G A N D 8 U 1 L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-8 3RD STREET V 51 G E- A IL uj E ID N E w HENDERSON PLACE S N LE FAMI Y ESIb N E S, m COMM. I- S N L - A I Y z R SI D N CE v > 2NU STREET S N L - A I Y I R SI D N E lj S! E FA ! Y VA C. 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LOCZ4 VJ 'tlIM Yi«rS { ° N p ? 133ais ISI IS 9. uiZr 9 ??=a 3 Q I ®' 37WIlT 4 ROH - 06/24/13 RESOLUTION NO. 2013-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013-06 TO ALLOW THE AFTER- HOURS OPERATION AT A NEW 7-ELEVEN AT 5210 WEST FIRST STREET, SUITE A 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. 2013-06 to operate a new 7-Eleven 24 hours a day on the property located at 5210 West First Street, Suite A. 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 24, 2013, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2013-06. 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. 2013-06 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 hours operation, seven days a week, will provide an ancillary service to the residents and employees of the surrounding community by allowing them constant access to food and necessities at the market. This will thereby benefit the community by providing an additional and complementary amenity. The 7-Eleven market will offer a walkable shopping alternative for nearby residents and businesses, and plans to offer a variety of healthy packaged and fresh food items. Additionally, appropriate conditions have been placed on the 24 hours operation, which will mitigate any potential impacts created by the use and ensure Resolution No. 2013-11 Page 1 of 6 31 A-13 that the use will not negatively affect the surrounding community. 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 conditional use permit for operation of the convenience market 24 hours a day at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the permit that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and the existing building will act as a buffer from noise associated with the restocking and delivery of market products. 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 economic stability of the area, but will instead allow the market to grow its business, offering more services through extending the hours of operation for their customers. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed 24 hour operation will be in compliance with all applicable regulations and conditions imposed on a retail business pursuant to 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 use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A market that offers extended business hours provides an additional amenity to the residents of Santa Ana. Further, retail stores and 24 hour business operations are permitted within the General Commercial (GC) land use designation. The proposed project is not located in a specific plan area in the City. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the extended hours of operation of existing Resolution No. 2013-11 Page 2 of 6 31A-14 facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 2013-09 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2013-06 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 24, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 24 day of June 2013 by the following vote: AYES: Commissioners: Bacerra, Crespo, Mill, Nalle, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete, Gartner (2) ABSTENTIONS: Commissioners: None (0) Sean H. Mill Vice Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Ryan O. Hodge Assistant City Attorney Resolution No. 2013-11 Page 3 of 6 31 A-15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 24, 2013 Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2013-11 Page 4 of 6 31 A-16 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2013-06 Conditional Use Permit No. 2013-06 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 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2013-05. The site improvements include bringing the subject property into conformity with the City's Commercial Landscape Standards. 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. 3. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 4. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 5. There shall be no coin-operated games maintained on the premises at any time. 6. All public telephones shall be located on the interior of the premises. 7. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within 24 hours of being applied. 8. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") section 602, on the exterior of the premises. Resolution No. 2013-11 Page 5 of 6 31 A-17 JUNE 24, 2013 PAGE 2OF2 9. It shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 10. If there is a marked or noticeable increase in the number of police-related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant may be required to provide uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. 11. Existing venue and required parking 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 lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 12. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 13. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 14. Window displays and racks must be kept to a maximum height of three feet including merchandise. 15. A timed-access cash controller or drop safe must be installed. 16. A silent armed robbery alarm must be installed and operable at all times. 17. 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. Resolution No. 2013-11 Page 6 of 6 31 A-18