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HomeMy WebLinkAbout20130624_2013-11_5210WFirstSteA., ,. RESOLUTION NO. 2013-11 ROH - 06/24/13 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 !T 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 • 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 • 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) k\~ ern H. Mill Vice Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ~. By:~ Ryan O Assistai • Resolution No. 2013-11 Page 3 of 6 • 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: ~-~~ - l~ - Secretary of t e Planning Co fission City of Santa Ana • r ~ ~J Resolution No. 2013-11 Page 4 of 6 • 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 rip 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. 1. 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. r ~ ~J Resolution No. 2013-11 Page 5 of 6 • JUNE 24, 2013 PAGE2OF2 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, doodwindow 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. Atimed-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. c: Resolution No. 2013-11 Page 6 of 6