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HomeMy WebLinkAbout1 - 2112 S Main Street1-1 1-2 1-3 1-4 1-5 This page left blank intentionally. Resolution No. 2018-xx Page 1 of 7 LS 3.26.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2018-05 AS CONDITIONED TO ALLOW THE AFTER HOURS OPERATION OF A 7-ELEVEN MARKET LOCATED AT 2112 SOUTH MAIN STREET 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. Mike Ayaz, representing 7-Eleven Stores Inc. (Applicant), is requesting approval of Conditional Use Permit No. 2018-05 as conditioned to allow an existing 7-Eleven store to operate 24 hours a day, seven days a week at 2112 South Main Street. B. Pursuant to Section 41-522(k) of the Santa Ana Municipal Code (SAMC), a conditional use permit is required to allow a retail market less than 20,000 square feet in size to operate between the hours of 12:00 midnight and 5:00 a.m. in the South Main Street Commercial (C-SM) zoning district. C. Conditional Use Permit No. 2018-05 came before the Planning Commission of the City of Santa Ana on March 26, 2018, for a duly noticed public hearing. 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 (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2018-05: 1.That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The proposed 24-hour operation will provide a service or facility which will contribute to the general well-being of the neighborhood or community. Approving an after-hours conditional use permit at the site will provide an additional convenience to the community by allowing patrons the ability to purchase a variety of store items at hours that are convenient for a broad range of customers. The proposed use will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being EXHIBIT 1 1-6 Resolution No. 2018-xx Page 2 of 7 established. By offering extended hours of operation, the Applicant can better serve the community by providing added convenience and a one-stop shopping experience. 2. 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. The proposed 24-hour operation will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Police Department has determined that the proposed market is located in an area that is below-average in police-related incidents and is located within Reporting District No. 122, which ranks 92nd out of 102 citywide districts in total number of police-related incidents. The addition of after-hours operations at the site will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application would support Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions not based on purely fiscal consideration 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. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with all applicable standards in 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 operation to ensure that the use does not impact neighboring properties or create an attractive nuisance. 1-7 Resolution No. 2018-xx Page 3 of 7 5. 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. 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 impact crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this conditional use permit is also consistent with Polices 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 potential impacts on the residential properties to the west are mitigated as the 7-Eleven business is located at the easternmost section of the site and is the furthest business from the residences. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from CEQA per Section 15301. Class 1 consists of the operation, repair, maintenance permitting, leasing, licensing, or minor alterations of existing public or private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The project involves no interior or exterior alterations to the existing tenant space and is to allow the after-hours operation of the existing retail business. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-05 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein for the project located at 2112 South Main Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 26, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 1-8 Resolution No. 2018-xx Page 4 of 7 ADOPTED this 26th day of March, 2018 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS Commissioners: _______________________ Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 26, 2018. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 1-9 Resolution No. 2018-xx Page 5 of 7 EXHIBIT A Conditions for Approval for Conditional Use Permit No. 2018-05 Conditional Use Permit No. 2018-05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply 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 development project. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division Conditions: 1. All proposed site improvements must conform to the conditions, requirements and plans contained within the staff report. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. The Applicant shall remove any unpermitted outdoor vending machines. 4. A copy of these conditions of approval shall be kept on the premises at all times and made available to any City employee upon request. B. Police Department Conditions: 1. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with late night operations. The security plan must be approved by the Police Department. 2. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 1-10 Resolution No. 2018-xx Page 6 of 7 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25%) percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise, and cannot obstruct the cashier’s view to the outside. 6. A timed-access cash controller or money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises. 10. The Applicant shall be responsible for maintaining the premises free of litter. 11. The Conditional Use Permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. “No Loitering/Trespass” signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification as follows: a. A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. b. A minimum of one color camera that views the full length side of a customer at the cash register area. c. A color camera recorder capable of recording events on all cameras simultaneously. d. A tape or disc storage library of recorded cameras kept for a minimum of 60 days. e. If video tape is used, tapes cannot be taped over more than six times. f. An audio recording component that will record sounds occurring at the customer counter. 1-11 Resolution No. 2018-xx Page 7 of 7 g. Cameras are to cover the parking lots. h. 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 inches long, in different colors, and in contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 1-12 This page left blank intentionally. 3/16/2018 . http://apps.spatialstream.com/production/dashboard/8/8/2/CurrentBuild//html/Reporting.html 1/1 CUP NO. 2018-05 7-ELEVEN AFTER HOURS OPERATION2112 SOUTH MAIN STREET EXHIBIT 2 - VICINITY ZONING AND AERIAL VIEW © 2018 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 1-13 CUP No. 2018-05 7-Eleven Market – After Hours Operation 2112 South Main Street EXHIBIT 3 1-14 EXHIBIT 4 1-15 EXHIBIT 5 1-16