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HomeMy WebLinkAbout2002-026 - Approving Conditional Use Permit No. 2002-01RESOLUTION NO. 2002-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2002-01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1810-1816 NORTH TUSTIN AVENUE Kd¢0~25~2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: Ao Conditional Use Permit No. 2002-01 came before the City Council of the City of Santa Ana for a public hearing April 1,2002. Conditional Use Permit No. 2002-01 has been filed with the City of Santa Ana seeking to allow operation of a gas station and convenience store between the hours of midnight (12:00 a.m.) and 5:00 a.m. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed gasoline station with car wash and food mart will provide a service to the community by providing gasoline, food mart and car-wash service to adjacent communities. Business hours between 12:00 a.m. to 5:00 a.m. will allow the community to purchase items generally unavailable during these hours from other retail establishments. 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 proposed car wash and operation between the hours of midnight and 5:00 a.m. will provide additional service to the service station patrons and the adjacent business community. The conditions of approval proposed require the market to maintain a safe environment as well as aesthetics of the site. Resolution No. 2002-026 Page 1 of 5 Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The gasoline service station with car wash and food mart will generate City tax revenue and employment in the community. Dudng the hours proposed, the use provides services that compliment surrounding businesses and as conditioned will not adversely affect economic development or stability of the area. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed use will be in compliance with the applicable sections of Chapter 41 of the Municipal Code with an approved conditional use permit for the operation of a business between the hours of 12:00 a.m. to 5:00 a.m. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed gasoline service station with car wash and food mart is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the General Commercial (C2) zoning district that allows retail and service uses. The Mitigated Negative Declaration and Monitoring Program for Environmental Review No. 01-61 was approved and adopted in the Ordinance for Amendment Application No. 2002-04 (AA No. 2002-04) adopted this same day. Section 2. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2002-01 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. This Conditional Use Permit is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment rezoning the property located at 1810-1816 North Tustin Avenue from Community Commercial (C1) zoning to General Commercial (C2) zoning (AA No. 2002-04). The rights of the applicant under this Conditional Use Permit shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Conditional Use Permit is null and void and of no effect. ADOPTED this 15th day of Julv, 2002. Resolution No. 2002-026 Page 2 of 5 t~., Miguel A. Pulido ~, Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Kylee,~. Odett~"- Depu~ City Attorney AYES: NOES: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembem: Councilmembers: Alvarez, Bist, Chdsty, Franklin, McGuiqan, Solodo (6~ Councilmembers: None None Pulido (1 CERTIFICATE OF A'I-rESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2002-026 to be the original resolution adopted by the City Council of the City of Santa Ana on Julv 15. 2002. Date: Cl~'~ of the Council City of Santa Ana Resolution No. 2002-026 Page 3 of 5 Conditions for Ao=roval for Conditional Use Penmit No. 2002-01 Conditional Use Permit No. 2002-01 is approved subject to compliance, to the reasonable satisfaction of the City Council, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exemising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannina Division The project shall remain in compliance with Site Plan Review DP No. 01- 14. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. Mitiqation Measures Prior to issuance of a building permit, the applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. Prior to the issuance of any construction permits, the applicant shall be issued a closure letter from the Santa Ana Fire Department and/or the State Regional Water Quality Control Board. Prior to issuance of a grading permit, the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage. Area Management Plan (DAMP) that includes all structural and non-structural Best Management Practices. ao Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. Resolution No. 2002-026 Page 4 of 5 = = 10. 11. 12. 13. 14. 15. 16. 17. Provide two copies of the Water Quality Management plan that includes a description of all applicable Structural and Non- Structural Best Management Practices, which may apply to this project. Building plans for the proposed project shall be fitted with a grease interceptor to the size and capacity as designated by the Building Safety Division of the City of Santa Ana to mitigate impacts on the local sanitary sewer system and regional water quality. Such grease interceptor shall be regularly maintained so as to remain fully functional. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. A timed-access cash controller must be installed. Install a silent armed robbery alarm. There shall be no coin-operated games maintained on the premises at any time. All pay telephones shall be located inside the premises. The petitioner(s) shall be responsible for maintaining the premises free of litter. The conditional use permit shall be reviewed at ninety days, six months, one year and then annually thereafter by the Police Department for any modification to the conditions of approval. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. Resolution No. 2002-026 Page 5 of 5