31A - CUP - 7-ELEVEN AT 1441 W MACARTHUR

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Conditional Use Permit No. 2012-08 June 11, 2012 Page 4 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 the area which offer similar goods found in convenience stores. 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. 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. Police Department Analysis The Police Department reviews conditional use permit (CUP) applications for after hours operations and for the sale of alcoholic beverages based on studies that show a strong correlation between the availability of alcohol and increased crime. It has been determined that the project's location at 1441 West MacArthur Boulevard is in an area with average police incidents, ranking 30th out of 102 citywide districts in total number of police-related incidents. Concerns from the site's proximity to multi-family residential developments and with nuisances that could result from after hours operations have been mitigated through the conditions of approval and the development standards of the site, including a separating block wall, a secured gate, and the absence of parking at the rear of the store that would abut neighboring residences. Due to the presence of these mitigating factors, the Police Department recommends approval of CUP No. 2012-08. 31A-6