31A - CUP 2009-23 - 3960 S MAIN STREET UNIT D

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CUP No. 2009-23 January 11, 2010 Page 2 The zoning designation for the site is Arterial Commercial (C5), which is consistent with the General Plan land use designation of General Commercial (GC). Surrounding land uses include single-family dwellings to the north and west, agricultural land in the City of Costa Mesa to the south, and light industrial uses to the east (Exhibits 1 and 2). Project Description Qwik Korner convenience store currently operates from 6:00 a.m. to 10:00 p.m., seven days a week. The applicant is proposing to extend the business hours for the convenience store and operate 24 hours a day, seven days a week. Analysis of the Issues A conditional use permit is required for retail establishments having less than 20,000 square feet of floor area that are open at anytime between the hours of 12:00 midnight and 5:00 a.m., since these businesses have the potential to impact surrounding businesses and residential neighborhoods. The proposed convenience store will operate 24 hours a day, 7 days a week and will offer general merchandise in addition to alcoholic beverages to the community. The applicant is requesting to extend its hours of operation in order to maintain the economic viability of the business, due to the present economic climate. Qwik Korner is located on a parcel of land that fronts two major arterial streets and is physically and visually separated from the residential neighborhood by a six-foot block wall. To prevent any potential noise impact to the adjacent residential neighborhood, conditions that limit the delivery times to the center have been added. The Planning and Police Departments are proposing conditions of approval to prevent the site from becoming an attractive nuisance and mitigate any potential unforeseen problems. The Police Department's conditions generally refer to business operations and physical improvements to improve employee and customer safety, such as requiring that pay phones be located within the interior of the store and maintaining visibility of the store interior from the street. Since high crime is not an issue at this location, staff is recommending approval of the CUP provided that the applicant agrees to conditions that are imposed to prevent this location from becoming an attractive nuisance that adversely impacts the adjacent residents (Exhibit 3). The police department proposes a review of the project at 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. 31 A-4