HomeMy WebLinkAbout95-004 - Approving Conditional Use Permit No. 94-22 RESOLUTION NO. 95-004
A RESOLUTION OF THE CITY ~OUNCIL OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 94-22 AND VARIANCE NO.
94-15, TO ALLOW A CAR WASH, SERVICE STA-
TION AND MARKET AT 601-617 EAST SEVEN-
TEENTH STREET
WHEREAS, this Council held a public hearing on January 3, 1995, on
Conditional Use Permit Application No. 94-22, to allow a car wash, service
station and market at 601-617 East Seventeenth Street, and Variance Application
No. 94-15, to allow placement of driveways at variation from zoning code
standards;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA
AS FOLLOWS:
1. Based upon the evidence submitted at the abovesaid hearing, this
Council finds and determines as set forth in Exhibit A, attached hereto and
incorporated herein, with regard to Conditional Use Permit application No. 94-22.
2. Based upon the evidence submitted at the abovesaid hearing, this
Council finds and determines as set forth in Exhibit B, attached hereto and
incorporated herein, with regard to Variance application NO. 94-15.
3. Conditional Use Permit NO. 94-22 and Variance No. 94-15 are hereby
approved subject to the conditions set forth in Exhibit C, attached hereto and
incorporated herein.
4. The Planning Commission shall review the subject project in six month's
time to determine if there has been compliance with the conditions of approval.
ADOPTED this 17th day
ATTEST:
~anCe
~.~:~f~the Council
COUNClLMEMBERS:
of January , 1995.
· Pulido
Pulido Aye
Richardson Aye
Espinoza ~ Aye
Lutz Aye
McGuigan Aye
Mills Aye
Moreno Aye
APPROVED AS TO FORM:
EdwardrJ~ Coyer
City Attorney
389
390
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
~..q'--~ ~/ to be the original resolution adopted by the City Council of the
City of Santa Ana on
/ t ~// Clerk of the Co'unci/l~7'--
City of Santa Ana
391
Conditional Use Permit No.
January 3, 1995
Page 1 of 1
94-22
EXHIBIT A
Findings
Will the proposed use provide a service or facility which will contribute to
the general well being of the neighborhood or community?
The granting of a conditional use permit for the carwash and service station
with a mini-market will contribute to the general well-being of the
neighborhood by providing services otherwise unavailable at one location in
the. immediate area. In addition, the project will redevelop a blighted area
with a state of the art commercial complex suitable for the area.
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 operation of a carwash and service station at this site will not be
detrimental to the health, safety or general welfare of persons residing or
working in the local area, as it poses no anticipated threat to the safety of
neighboring residents, business operators or patrons. The proposed hours of
operation for the different facilities and the orientation of the service
station and carwash facilities on the front half of the site will minimize
potential impacts on the neighboring residents.
Will the proposed use adversely affect the present economic stability or
future economic development of property in the surrounding area?
The requested use of the subject property to include a carwash and service
station will not have an adverse impact on the site or the surrounding
properties. Redevelopment of the property will heighten the quality of the
area by upgrading and enhancing the aesthetic quality of this commercial
property.
Will the proposed use comply with the regulations and conditions specified in
this chapter for such a use?
Should all the proposed discretionary actions be approved, the site complies
with all regulations and conditions specified in chapter 41, and in some
instances, exceeds the intent and letter of the Code for such uses.
Will the proposed use adversely affect the General Plan of the City or any
specific plan applicable to the area of ~he proposed use?
Granting of the Conditional Use Permit will not negatively affect the General
Plan for the area, but will meet the intent of the General Business District
land use designation. The propoeed development will help to ensure property
values within the area by redeveloping a blighted parcel of land along a
major arterial of the City.
39;
Variance No. 94-15
January 3, 1995
Page 1 of 1
Findinqs
EXHIBIT B
Will because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict
application of the zoning ordinance deprive the subject property of
privileges not otherwise at variance with the intent and purpose of the
provisions of this chapter?
The subject property, located at 601 - 617 East Seventeenth Street, would be
preveated from gaining its main access to the property from Seventeenth
Street due to its placement between the Seventeenth and Santiago Street
intersection and the 5 freeway on-ramp. Seventeenth Street is a major
arterial, while Santiago is a residential feeder street. Without access from
Seventeenth Street, the property could not be developed in with this use and
would be deprived of privileges accorded to other nearby properties. In
addition, the placement of the driveway approach on Santiago Street outside
of the 1~0 ft requirement would prevent the property from being developed to
its full potential.
Is the granting of a variance necessary for the preservation and enjoyment of
one or more substantial property rights?
The property must be granted access to the public right of way. Based upon
the size and placement of the parcel between an intersection and freeway on~
ramp, a variance is necessary to preserve this substantial property right.
Will the granting of a variance be detrimental to the public welfare or
injurious to surrounding properties?
The granting of a variance to allow the construction of a carwash, gas
station and retail market with adequate access will not be detrimental to
surrounding properties but will help protect the residential properties to
the north from loud noises leaving and entering the site.
Will the granting of a variance adversely affect the General Plan of the
City?
The granting of a variance for vehicle access to this site will not affect
the goal, policies and objectives of the City's general plan. It will help
to protect the residential properties to the north by moving vehicle traffic
to a major arterial and movement of vehicles away from the residential
neighborhood.
GPA No. 94-5, AA No. 1069, VA No. 94-15,
CUP NO. 94-22, TTM No. 15044
January 3, 1995
Page 1 of 4
EXHIBIT
~onditlons for Approval
Should General Plan Amendment No. 94-5, Variance No. 94-15, Conditional Use Permit
No. 94-22 and Tentative Tract Map No. 15044 be approved, the project must comply
with all applicable sections of the Santa Aha Municipal Code, the California
Administrative Code, the Uniform Fire Code, the Uniform Suilding Code and all other
applicable regulations. In addition, it,shall meet the following conditions:
A. Plannin~ Division
Prior to recordation of the final map, Covenants, Conditions and
Restrictions (CC&R's) shall be submitted for staff review and approval.
The final tract map shall be recorded within one Year of the date of
approval of the tentative map by City Council.
Two copies of the recorded final tract map shall be submitted each to
the Planning Division, Suilding Division, and Public Works Agency
within 10 days of recordation.
The tentative map, final map and, all improvements required to be made
or installed by the subdivider shall be in accordance with the design
standards and specifications of the Santa Aha Municipal Code and the
requirements of the State Subdivision Map Act.
Dryer noise levels at the carwash facility shall comply with the City's
Daytime noise standard at all times. A silencer shall be utilized on
the drying equipment and be maintained in good operating condition.
The entry door of the carwash mechanical room shall have an automatic
door closer. The door shall remain closed at all times.
The use of car horns in the stacking, vacuum and drying areas by the
car wash operators is prohibited.
No detailing, waxing or washing of vehicles shall take place outside of
the enclosed carwash structure.
The development shall follow the approved plans and comments contained
in Site Plan Review (DP 93-47). The applicant shall submit minor
modifications to the case planner for approval.
10.
The retail market's hours of operation shall be restricted to between
the hours of 5:00 am and 12:00 am, seven days a week.
394
GPA NO. 94-5, AA NO. 1069, VA NO. 94-15,
CUP NO. 94-22, TTM No. 15044
January 3, 1995
Page 1 of 4
~gnditions for ADmroval
Should General Plan Amendment No. 94-5, Variance No. 94-15, Conditional Use Permit
No. 94-22 and Tentative Tract Map No. 15044 be approved, the project must comply
with all applicable sections of the Santa Aha Municipal Code, the California
Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other
applicable regulations. In addition, it shall meet the following conditions:
A, Planning Division
Prior to recordation of the final map, Covenants, Conditions and
Restrictions (CC&R's) shall be submitted for staff review and approval.
The final tract map shall be recorded within one year of the date of
approval of the tentative map by City Council.
Two copies of the recorded final tract map shall be submitted each to
the Planning Division, Building Division, and Public Works Agency
within 10 days of recordation.
The tentative map, final map and, all improvements required to be made
or installed by the subdivider shall be in accordance with the design
standards and specifications of the Santa Aha Municipal Code and the
requirements of the State Subdivision Map Act.
Dryer noise levels at the carwash facility shall comply with the City's
Daytime noise standard at all times. A silencer shall be utilized on
the drying equipment and be maintained in good operating condition.
The entry door of the carwash mechanical room shall have an automatic
door closer. The door shall remain closed at all times.
The use of car horns in the stacking, vacuum and drying areas by the
oar wash operators is prohibited.
%
NO detailing, waxing or washing of vehicles shall take place outside of
the enclosed carwash structure.
The development shall follow the approved plans and comments contained
in Site Plan Review (DP 93-47). The applicant shall submit minor
modifications to the case planner for approval.
10,
The retail market's hours of operation shall be restricted to between
the hours of 5=00 am and 12:00 am, seven days a week.
395
GPA No. 94-5, AA NO. 1069, VA No. 94-15,
CUP NO. 94-22, TTM NO. 15044
January 3, 1995
Page 2 of 4
Public Works Aaencv
1. Prior to issuance of a building permit, complete the following:
Apply to the City of Santa Aha for and record the street vacation
of Poinsettia Street.
b. Dedicate Seventeenth Street for a distance of 54'-0" from
centerline to property line.
Dedicate a 25'x 25' corner cut off at the south easterly corner
of the site.
do
Dedicate easements for street and highway purposes around the
disabled access drive approaches to be in compliance with Title
24 requirements.
Dedicate Poinsettia Street cul-de-sac radius of 34' (where cul-
de-sac exceeds 30' east of street centerline).
2. Prior to utilities release, complete the following:
a. Improve Santiago Street as follows:
1. Remove and reconstruct uplifted sidewalk surrounding
existing tree per approved improvement plan.
2. Install "NO STOPPING ANYTIME" zone.
Reconstruct the existing drive approach per City Standard
#112, Case 2, W=30', A=38', X=4' and approved improvement
plan.
Remove the existing power pole located at the southerly end
of the northerly drive approach on Santiago Street and
underground the service to the power pole located on the
east side of the street per approved improvement plan.
5o
Close existing southerly drive approach with curb gutter
and sidewalk per appreved improvement plan.
Provide sidewalk at the 25'x 25' corner cutoff at the
southeasterly corner of the site pr approved improvement
plan.
Construct street tree wells and plant minimum 24 inch box
trees per City Standard #1124 at locations in accordance
with approved improvement plans..
Furnish ornamental street lighting with underground service
as directed by the City Engineer.
396
GPA NO. 94-5, AA NO. 1069, VA NO. 94-15,
CUP NO. 94-22, TTM No. 15044
January 3, 1995
Page 3 of 4
Improve Seventeenth Street as follows:
Close the existing drive approaches with curb, gutter and
sidewalk per approved improvement plan.
Construct a 2'-0: wide strip of sidewalk between the
existing back of sidewalk and the new property line on
Seventeenth Street for a 10'-0" full width sidewalk.
Construct one drive approach per City Standard #1112, Case
2, W=40', A~56', X=4' and approved improvement plan.
4. Install "NO STOPPING ANYTIME" zone on Seventeenth Street.
Construct street tree wells and plant minimum 24 inch box
trees per City Standard ~1124 at locations in accordance
with approved improvement plans.
So
Furnish ornamental street lighting with underground service
as directed by the city Engineer.
Improve Poinsettia Street, including the westerly half of
Poinsettia Street immediately adjacent to the subject development
as follows=
Remove existing street trees, sidewalk, and asphalt
hardecape and construct 8'-0" full width sidewalk from curb
to property line at the northwest corner of the westerly
portion of the site fronting the cul-de-sac per City
Standard #1104 and approved improvement plan.
Construct street tree wells and plant minimum 24 inch box
trees per City Standard ~1124 at locations in accordance
with approved improvement plans.
Furnish ornamental street lighting with underground service
as directed by the City Engineer.
close unused drive approach with full'width sidewalk, full
height curb and gutter per approved improvement plan.
Scrape and remove all, weeds, rubbish and debris over the
entire westerly half of Poinsettia Street adjacent to the
subject development per approved improvement plan.
C. police Department
The hours of operation of the car wash shall be restricted to between
the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday and 9:00
a.m. to 5:00 p.m. on Sundays except, during daily light saving time,
the car wash may remain open an additional hour in the evening.
Alcoholic beverages shall not be consumed on any property adjacent to
the licensed premises under the control of the licensee.
397
NO. 94-5, AA NO. 1069, VA NO. 94-15,
CUP NO. 94-22, TTM NO. 15044
January 3, 1995
Page 4 of 4
9.
10.
11.
12.
13.
14.
15.
16.
The sale of alcoholic beverages shall be permitted only between the
hours of 7:00 a.m. and 12:00 a.m., seven days a week.
The petitioners shall be responsible for maintaining free of litter the
area adjacent to the premises over which he has control.
There shall be nc exterior advertising of any kind of type, including
advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages on the premises.
There shall be no coin-operated games maintained on the premises at any
time.
The petitioners shall post a placard prohibiting loitering on the
premises in both English and Spanish. The posted sign must conform to
S~'~C section 10-96(C).
It shall be the petitioner's responsibility to ensure that SAMC 10-96
is complied with at all times.
Ail public telephones shall be located inside the premises.
The petitioner(s) shall be responsible for maintaining the premises
free of graffiti.
There shall be no alcoholic beverages consumed in the carwash area.
The square footage devoted to the sales/storage of alcoholic beverages
in the retail building shall not exceed 5 percent of the total floor
space for that building.
The cash register in the retail building shall be visible from the
street.
Window displays in the retail building shall be kept to a minimum for
maximum visibility.
A time access controller shall be installed in the retail building.
Interior displays and racks shall be kept to a maximum of five feet in
height including merchandise in t~e retail building.
Install a silent armed robbery alarm in the retail building and cashier
booth of the gas station.