75B - PH - 7-11 1904 W 1ST ST - Laserfiche WebLink

Home Browse Search

Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 2 Alternatively, if the City Council desires to approve the appeal, a resolution has been prepared and is attached in Exhibit 3 to this report. Recommendations 2 and 3 above would remain unchanged. PLANNING COMMISSION ACTION & BACKGROUND On May 13, 2019, the Planning Commission held a public hearing regarding Conditional Use Permit (CUP) No. 2019-12, Variance No. 2019-01, and making a recommendation to the City Council approval of an MND and adoption of an MMRP (Environmental Review (ER) No. 2017- 140), and Amendment Application (AA) No. 2019-02 to facilitate the establishment and construction of a new 2,480-square-foot convenience store (7-Eleven) with an 810-square-foot gas station canopy with two fuel pumps at 1904 West First Street. During the public hearing, the applicant raised concerns with the proposed mitigation measures and conditions of approval. In response to those concerns, the Planning Commission continued the item to May 28, 2019, and subsequently to June 10, 2019, to allow time for the applicant to work with staff to resolve the concerns. On June 10, 2019, the Planning Commission by a vote of 7:0 approved the CUP and the Variance and recommended approval of the MND and zone change and added the two following conditions to CUP No. 2019-12: 1. There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi-annual basis to determine if the hours for security shall be reduced or expanded, and 2. The Franchisee shall be an active member of the Casa Bonita Neighborhood Association. On June 20, 2019, the applicant submitted an appeal application pursuant to Section 41-645 of the SAMC (Exhibit 1) to the City requesting that the City Council reconsider the Planning Commission's decision to add the above added conditions of approval. DISCUSSION & RECOMMENDATION ADDeal ADDlication No. 2019-02 Pursuant to Santa Ana Municipal Code (SAMC) Section 41-365.5, retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. require review and approval by the Planning Commission. On June 10, 2019, the Planning Commission approved CUP No. 2019-12 allowing the proposed 7-Eleven convenience store to operate on a 24-hours day, seven days a week basis as conditioned by staff and added the two additional conditions of approval as noted above due to the site's proximity to sensitive land uses and to further protect and preserve the health, safety and general welfare of the surrounding community. The applicant is requesting that the City Council overturn the Planning Commission's decision of adding the additional conditions of approval. In particular, the application states the following: 75B-2