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HomeMy WebLinkAbout31A - 1702 N. BROADWAY REQUEST FOR COUNCIL ACTION ~~' I~ ~~;~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 19, 2005 TITLE: VARIANCE NOS. 2004-13 AND 2004-15 AND CONDITIONAL USE PERMIT NO. 2004-27 TO ALLOW THE WORLD OIL SERVICE STATION AND CONVENIENCE STORE AT 1702 NORTH BROADWAY - WORLD OIL MARKETING COMPANY, APPLICANT _ ~) ~ C~,_/ lly2~ CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report conditioned, variance No. 2004-15 Permit No. 2004-27 as conditioned. approving Variance as conditioned and No. 2004-13 Conditional as Use PLANNING COMMISSION ACTION On August 22, 2005, the Planning Commission approved Variance No. 2004-13 as conditioned, Variance No. 2004-15 as conditioned and Conditional Use Permit No. 2004-27 as conditioned by a vote of 6:0 (Cribb abstained) to reduce the minimum lot si ze requirement, to waive the loading zone requirement and to allow operations between 12:00 a.m. and 5:00 a.m. for a World Service Oil service station and convenience store in the Community Commercial (C1) zoning district at 1702 North Broadway. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~ Jf1Y M. Trevino E utlve Dlrector Planning & Building Agency LL:rb 11\reports\PC&ZA\va04-13va04-15cup04-27.cc 31A-1 REQUEST FOR Planning Commission Action /~/ "\ i \ ~~~ / - ducatlon 1 '" ?~.. "'(. , ., .., r-' PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: AUGUST 22, 2005 TITLE: PUBLIC HEARING - FILED BY WORLD OIL MARKETING COMPANY FOR VARIANCE NOS. 2004-13 AND 2004-15 AND CONDITIONAL USE PERMIT NO. 2004-27 TO ALLOW THE WORLD OIL SERVICE STATION AND CONVENIENCE STORE AT 1702 NORTH BROADWAY Prepared by Lucy Linnaus APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~Executive Director RECOMMENDED ACTION 4u<-~~ Planni Man er Adopt a resolution: 1. Approving Variance No. 2004-13 to reduce the minimum lot size requirement as conditioned. 2. Approving Variance No. 2004-15 to waive the loading zone requirement as conditioned. 3. Approving Conditional Use Permit No. 2004-27 to allow operations between 12:00 a.m. and 5:00 a.m. as conditioned. DISCUSSION Request of Applicant World Oil Marketing Company is requesting approval of two variances from the Santa Ana Municipal Code (SAMC) and a conditional use permit to allow the proposed World Oil Service Station and convenience store to be located at 1702 North Broadway. The variances are to reduce the minimum lot size requirement and to waive the loading space requirement. Conditional Use Permit No. 2004 -27 is to allow operation of the service station and convenience store during the hours of 12:00 a.m. to 5:00 a.m. Property Description The proj ect site is located on the northwest corner of Broadway and Seventeenth Street. It is a 14 ,879 square foot I rectangular shaped parcel of land comprised of three lots to be consolidated via a lot line EXHIBIT A 31A-2 Variance Nos. 2004-13 and 2004-15 Conditional Use Permit No. 2004-27 August 22, 2005 Page 2 adjustment. The project site contains a service station that has been closed since May 2003 and is proposed to be demolished to accommodate the new service station. Permi ts to remove the underground storage tanks, waste oil tank and dispensers were issued in August 2004 as the first step to clear the site of all improvements. The zoning designation for the site is Community Commercial (C1), with a General Plan land use designation of General Commercial (GC). The proposed use is consistent with the General Plan land use designation. Based on the circulation element of the City's General Plan, Seventeenth Street is classified as a Major Arterial street, while Broadway is classified as a Secondary Arterial street. Surrounding land uses include offices to the north, retail to the east and west, and a service station and multi-family residential across Seventeenth Street to the south (Exhibits 1 and 2) . Project Description World Oil is proposing to construct a new service station with a canopy and convenience store to replace the existing development on the site. The service station will have six fuel dispensers capable of providing service for a total of 12 vehicles at a time. The fuel dispensers will be located under a 3,944 square foot canopy with a total height of 23 feet 6 inches. Additionally, the applicant is proposing a 683 square foot convenience store. Access to the project site will be provided from Broadway and Seventeenth Street. In accordance with the City's service station parking standards, a total of four parking stalls are required and have been provided. A required 15-foot landscape setback will be provided along both street frontages, as well as the required five-foot landscaped yard along the north and east property lines. The service station and convenience store are proposed to operate 24 hours a day, 7 days a week (Exhibits 3, 4, 5, 6, 7 and 8) . Analysis of the Issues Minimum Lot Size The Santa Ana Municipal Code (SAMC) establishes 15,000 the minimum lot size for commercial development. request to reduce the minimum lot size requirement square feet as The applicant's from 15,000 square 31A-3 Variance Nos. 2004-13 and 2004-15 Conditional Use Permit No. 2004-27 August 22, 2005 Page 3 feet to 14,879 square feet represents a reduction of 121 square feet. A variance to waive the minimum lot size requirement can generally be granted when the site is properly designed since there are no negative impacts to the community and it allows the applicant an economically viable use of the land. Due to the smaller lot size, the property has constraints on its circulation design. Of special concern is the potential for intrusion of vehicles queuing onto Broadway and Seventeenth Street as both streets already serve a high volume of vehicles. In order to minimize the potential for vehicle queuing intrusion into the streets, the Planning Division, in cooperation with the applicant, has prepared parameters for a study to monitor and measure queuing intrusion should it occur. The study also includes mitigation measures should queuing intrusion occur, which range from the development of a queuing management plan at the first occurrence of intrusion to the removal of two pumps by the third occurrence in a five-year period. The study and its mitigation measures, in addition to other proposed conditions of approval for the project, are intended to alleviate problems that may negatively affect traffic circulation associated with the project. Loading/Unloading Area The SAMC requires all retail establishments where delivered to provide an on-site loading/unloading area. not interfere with circulation on-site or on streets and merchandise is This area must alleys. The applicant is requesting a walver of this requirement and is proposing the use of the on-site parking when available and/or the on- site circulation path in front of the convenience store for unloading purposes. The site circulation paths and parking stalls are intended for customer and employee use. If not properly monitored and conditioned, the lack of a loading/unloading area on site may result in congestion within the alley and adjacent streets. The Planning Division is recommending conditional approval of this item. The proposed conditions, such as requiring a delivery management plan, in addition to the queuing intrusion monitoring, are intended to minimize the potential impacts associated with the lack of loading area. In order to keep the deliveries at a minimum, the applicant also proposes to prohibit the sales of alcoholic beverages at the convenience store. 31A-4 Variance Nos. 2004-13 and 2004-15 Conditional Use Permit No. 2004-27 August 22, 2005 Page 4 Conditional Use Permit A conditional use permit is required for retail markets having less than 20,000 square feet in area and that are open any time between the hours of 12:00 a.m. and 5:00 a.m. The proposed 683 square foot convenience store will operate 24 hours a day, 7 days a week. The Planning Division and the Police Department have reviewed the proposal and are recommending conditional approval. The proposed conditions, such as the restriction of hours for the re-fueling of the station and additional security measures recommended by the Police Department, are intended to minimize the potential impacts associated with the 24-hour operation of the convenience store and fuel dispensers. At its January 24, 2005 meeting, the Planning Commission continued this item to allow the applicant time to revise the project plans to incorporate changes that were discussed during the meeting. The proposed changes were intended to resolve outstanding issues identified by the Planning Division, Public Works Agency and Police Department. Furthermore, the Planning Commission requested staff to prepare findings of facts, conditions of approval and the necessary environmental review documents in anticipation of an approval of the actions. Staff and the applicant have met several times since January 24, 2005 in an effort to resolve all the outstanding issues identified at the meeting. The vehicular circulation concern and its potential for impact to the streets has been addressed with the proposed conditions of approval, which include the queuing monitoring program and limiting all deliveries to the site. Additionally, the applicant has modified the plans to address outstanding pedestrian circulation, aesthetic and unresolved Public Works Agency and Planning Division concerns identified during the Development Review Committee (DRC) process. The plan revisions include providing raised walkways instead of bollards, removing all intrusions from the required sight triangle areas, enhancing the architecture of the building, and re-designing the fuel delivery truck's path. The applicant has also obtained approval from Red Flex camera system for the location of the proposed driveway on Seventeenth Street, and from Waste Management for trash pick up from the alley. The applicant will be relocating the street trees and traffic signal cabinet to City approved locations, and will be performing all required off-site improvements. 31A-5 Variance Nos. 2004-13 and 2004-15 Conditional Use Permit No. 2004-27 August 22, 2005 Page 5 For the record, the applicant has submitted an application for a lot line adjustment to consolidate the three lots and is in the process of obtaining the required approvals. The applicant will also be submitting a Sign Permit application. The site will comply with the City's current signage code for service stations. All signs shown on the elevation are for reference only. As revised, the proj ect is in compliance with the City's design and development standards. Based upon the analysis of the proj ect and the proj ect' s compatibility with the City's General Plan, it is recommended that the Planning Commission approve Variance No. 2004-13 as conditioned, Variance No. 2004- 15 as conditioned and Conditional Use Permit No. 2004-27 as conditioned (Exhibits 9, 10, 11, 12, 13 and 14) . CEQA Compliance In accordance with the Cal ifornia Environmental Quality Act, (Title 14 of the California Code of Regulations, Section 15302) the recommended action is exempt from further review. The Class 2 exemption allows for the replacement or reconstruction of existing facilities on the same si te. Categorical Exemption Environmental Review No. 2003 -196 will be filed for this project. II Vincent Frego Senior Plann LL:JM 11\reports\PC&ZA\va04-13va04-15cup04-27.08-22-05.pc 31A-6 P I UlJ UkIRolBU lB!J R1 ~ R1 ~ R1 . Rl R1 R1 z ~ R1 R1 A V, R1 R1 R1 R1 R1 R1 ~ R1 ~ R1 c i R1 R1 o a ~r:lIJ~ Cl "I~ no'l - -_. --- 17TH ST. I!! Cl I Cl II ~to- C50 Rl ~ Rl Rl f i ~~~ 1l0]EHJ "iOOffiOffim: Gm~ E~R. oIID~~ 19TH ST. ~ Rl Cl Cl ;, Rl Rl Rt R2 .8 ifL1 GC r-J CI II Ii A1 .B C-SM C1 Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SO SP A VA 04-13 AND VA 04-15 CUP 04-27 WORLD OIL MARKETING COMPANY 1702 NORTH BROADWAY A r:P{' - = 500 FEET 1" = 1000 FEET P LAN N N G AND B U I L D EXHIBIT 1 31A-7 N G AGE N C Y RE IDEN IAL I- o ..... 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Do III I!l i IE '" ID ~ ID it! ~ ID !!l I ;;; ... ~ F-oc ...-z ~~~ ::lCD~ lA.I ~~ a!! !!!l12 ~Sl91 1I:15~ :e;.l~ "'~... ~~~ 5i ~ ~ !i: !l<fii ~Ul o~ :::l;l: lIli1j "'~ _wet::s B~~~ =~~~ ~~~9 ~~5E o Hl~O N ~Hi ~ ;~~ t3 g~~ Vi lI:.l<.I:I: .... - - .:s c.J CI 1!! ~ < ~ 8 t:sa ~ &1ii1 ;e ~~i ~I~ ~~I Si:i2 ...:0..; .-) it! I '" ~ o~ 1~i5 I!=U;Oi!UfdF ~O::::::JZ~l.) 0::....1-< ~ I=C>.~ ~c ll::t:i .t!o>- tl:zl!!OZIII _ :I:< 5l!?l~lf) t5 c.r.J~~~~~ ,~;;;/,_I=Cl..:z:_ .... z a -< I=! to,)!.,) ii052w<w>_o...... ~lIlo:g\n....O I- < ~ z;c! Zu ~- ~~ . I i I I w 0... <( U (f) o z <( ---.J r a::n:: <t:w z ~I-z :J (f) <( w <( ---.J lt2D- (@! :a : ~ ~ i t-iti will:: u> W JI';...J a:: ~< t- l<.I~ (/} z~ ......... ;;!!il/l l.) ..... ....w ~~ ...J < :z~ ~~ 00: ~~ iti8 IlI::C u>Z ~6 l<.I5 I t-- Z W ~ :z w > W (I) "11 rfl Variance No. 2004-13 August 22, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subj ect property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The size of the subject parcel creates a special circumstance applicable to the property, as the applicant is unable to increase the size of the lot without purchasing an additional parcel of land. Streets on two sides and an alley on the third side surround the rectangular shaped property. Therefore, the only opportunity the applicant has to increase the size of the land is to purchase the adj acent parcel of land. This parcel of land is presently developed with a non- conforming building and not for sale. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to reduce the minimum lot size requirement is necessary for the preservation and enjoyment of the property right to develop the site. The variance will allow the applicant the ability to operate a permitted use on the site. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the minimum lot size requirement will not be materially detrimental to the public welfare or potentially injurious to surrounding property. Conditions, such as a queuing intrusion monitoring program and its mitigation measures, in addition to other proposed conditions of approval are intended to alleviate any problems that may negatively affect the traffic circulation of the immediate surrounding area and the community at large. ftl~11 ~ Variance No. 2004-13 August 22, 2005 Page 2 of 2 D. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City as the project complies with the Land Use Element Goal No. 5 to ensure that the impacts of the development are mitigated. Conditions of approval have been developed to ensure the efficient traffic circulation of an Enhanced Intersection. In addition, the land use designation of General Commercial (GC) allows for the proposed service station and convenience store. 31A-16 AUGUST 22, 2005 PAGE 1 OF4 Conditions for Approval Variance No. 2004-13 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform submitted for the Planning Commission approval 22, 2005 meeting. to the plans at its August 2. Any amendment to this variance must be Planning Division, Fire Department, Public Police Department for review. At that determine if administrative relief is variance must be amended. submitted to the Works Agency and time, staff will available or the 3. This variance is to reduce the minimum lot size from 15,000 square feet to 14,879 square feet. Any further reduction not resulting from required dedications for this project as identified on the site plan and DP 2003-59 will require an additional variance. 4. The fuel delivery shall occur between 11:00 p.m. and 5:00 a.m. 5. The number of storage tanks to be located in the trash area shall be limited to four (4). 6. The applicant shall submit a Delivery Vehicle Management Plan to the Planning Manager prior to the issuance of a certificate of occupancy. The plan shall specify the anticipated times of deliveries for all suppliers. The applicant shall make the best effort to arrange the delivery of goods during off-peak traffic and service station hours. EXHIBIT 10 31A-17 AUGUST 22, 2005 PAGE20F4 7. A Lot Line Adjustment to consolidate lots 18, be filed and recorded prior to the issuance permit. 19 and 20 shall of a building 8. The City will conduct a queuing intrusion study at the applicants' expense wi thin six months of issuance of Certificate of Occupancy and then yearly for the next five years. If a queuing intrusion occurs, then an additional yearly study(s) shall be required. There shall be five consecutive years of queuing intrusion studies confirming no queuing intrusion is occurring at this site. Additional studies may also be required if queuing intrusion occurs or if directed by the Planning Commission or City Council. The cost of any additional studies shall be at the applicant's expense. 9. The following identify the parameters of the queuing intrusion monitoring program and the mitigation measures should queuing intrusion occur. a. A vehicle that is stopped and waiting to access a fueling pump is considered to be in queue. A vehicle is deemed to be causing intrusion if its position in queue is such that, while it is waiting to fuel, one or more tires are stopped on any portion of the sidewalk, driveway apron or street which provides access to the project site for any period of time. A vehicle that is stopped with all four tires in the public street adjacent to the driveway that provides access to the project site will be deemed to be causing queuing intrusion if it does not proceed when it is safe to do so, i.e. at a green light, but continues to be stopped and waiting to enter the site. b. The queuing intrusion study by the City's consultant, which will include a visual verification of the existence of the queuing intrusion as described above, will be conducted for a period of seven consecutive days at the times specified by the City, for a minimum of 35 hours and a maximum of 40 hours per study. c. If queuing intrusion, as defined above in Paragraph A, occurs more than once during the queuing intrusion study, the City will determine that queuing intrusion has occurred. After the first queuing intrusion occurrence, the City will send the applicant wri tten notification. 31A-18 AUGUST 22, 2005 PAGE30F4 The applicant will have one month to submit a queuing management plan to the Planning Manager. The queuing management plan shall describe the traffic control and fueling operation methods that the applicant will use in order to eliminate all queuing intrusion. Said plan shall be reviewed and approved by the Planning Manager and implemented by the applicant irrunediately following the Planning Manager's approval. d. The City's consultant will conduct a subsequent queuing intrusion study no sooner than one month from the date of the approval of the queuing management plan, but no later than three months from such date. e. If the City consultant determines that queuing intrusion, as defined above in Paragraph A has occurred a second time any time during the required study period (minimum five years), the City will send the applicant written notification of the queuing intrusion. Upon receipt of the notification, the applicant shall irrunediately cease to dispense fuel from Pump 1 identified on Exhibit "A". In addition, the applicant shall provide proof of the submittal of a completed application(s) for the removal of said pump to the proper agencies wi thin thirty (30) days of receipt of the notification. The applicant shall complete the removal of said pump within thirty (30) days of obtain permit approval. f. If the City consultant determines that queuing intrusion, as defined above in Paragraph A has occurred a third time any time during the required study period (minimum five years) , the City will send the applicant written notification of the queuing intrusion. Upon receipt of the notification, the applicant shall irrunediately cease to dispense fuel from Pump 2 identified on Exhibit "A". In addition, the applicant shall provide proof of the submi ttal of a completed application (s) for the removal of said pump to the proper agencies wi thin thirty (30) days of receipt of the notification. The applicant shall complete the removal of said pump within thirty (30) days of obtain permit approval. 31A-19 AUGUST 22, 2005 PAGE40F4 g. If the applicant fails to remove the identified pump within the allocated time, the City will hire a licensed contractor to remove the fueling pump(s) and related equipment. Prior to the issuance of a building permit, the owner or its designee will execute an agreement with the City to allow the contractor to enter the site. h. The applicant shall post a performance bond in an amount equal to the cost of the removal of two pumps and related equipment. The bond will be released to the applicant if no intrusion occurs after the testing period upon written request to the City. 1. The applicant will deposit funds with the City of Santa Ana in an amount of 50 percent greater than the cost of two bids for studies to be performed by a consultant identified by the City. Said funds will be held in an account by the Ci ty of Santa Ana. The applicant will have 30 calendar days to deposit an equal amount to the one withdrawn for a study, upon use of any of the funds from this account. Failure to keep the account at its minimum level 30 days after the expenditure will result in the enactment of the mitigation measures identified above (removal of both pumps). At the completion of the testing period, the balance on the account will be reimbursed to the applicant upon written request to the City. j. The City will notify the applicant of any additional queuing study requested by the Planning Commission or City Council within 10 calendar days from the request. k. For the purpose of this moni toring program yearly shall mean a period of time no less than ten (10) months and no more than fourteen (14) months. 10. All mitigation measures identified in the effective if intrusion occurs on the site, cause. program will regardless of be its 11. All condi tions for this variance shall be completed and in effect prior to the issuance of the Certificate of Occupancy and the release of any utilities. 31A-20 S~CI~V\Jij 3d'd...' ^B :1lVa .---~-iiil~ II II 'I , II g 1 'Ii II II II II ~ -----=~o;::=_ -~~~.=...... .,iij:;9jepoism~-., "-3 ',,-~..- ..-~~..-s NOCliOV1S1iN3nJ :lJ)'O~ -~ - - - -- - - r - - -- -,<VMOVOd8 - HlCJ-ON-- - -- - --- - - I I ~ I- - en - :c >< w \I\1~3j)~~~~ C~~:i;'''-~~''-~O~61lOS AN~d~OJ ~NI13~~~~ 110 O1~OM N~ld 311S wn1dDNOJ JIll .,..-9 UVC :ON .~]t; live :03>03H:l l.VO ;l NMY!lO '~ CI:. . ~ X" t W. ~ ~ '" [;;l ~'Ii I --- 2 ----=-: I I~I I, II i II ~I "' ~i .1 ~; f51 ~I ZI ~I I I " II' I I I, II' II I I' I' III II I I' II I 1l.Jb I I I I I I I , 3NIl )J~]dOtld .6 ,J f',,-~~-,,~ k'" """"', , , ~l '" ~~~ ~~i I I ~-------~ - _:- ~~~=~~ r,- : I, n,-~'" >- I li "'~,,~ ~~,i ~ i. -:1 I ~' : 0. I '" I' I " 'j: I . "J: 1 ~i I ~: ~i ~: ~i , ~, ~: " " ~ ~ ~ "<~~i ~ I -~ I~ I 0. I I I : 1 I I I I variance No. 2004-15 August 22, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subj ect property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Due to restricted size of the parcel, combining the parking spaces and loading area allows the applicant the ability to develop a 683 square foot convenience store. Due to the reduced size of the convenience store and the fact that this is an ancillary use to the service station, the delivery of goods is anticipated to be infrequent and will not impact the site. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to waive the loading area is necessary for the preservation of the applicant's right to develop the site with a retail use, which is permitted by right. Since the retail use is ancillary to the service station and most customers using the convenience store will park their vehicle by the fuel dispensers, requiring a parking stall and a loading area creates an unnecessary burden for a size restricted site. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance to waive the loading/unloading area will not be detrimental to the public welfare or injurious to surrounding properties. Conditions of approval, such as restricting all loading/unloading operations to occur on site where possible congestion can be monitored by the queuing intrusion monitoring program, restricting the sales of alcoholic beverages to keep the deliveries at a minimum and others have been developed to mitigate any potential negative impacts. 3"r~L2~ Variance No. 2004-15 August 22, 2005 Page 2 of 2 D. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan as the project complies with the Land Use Element Goal No. 5 to ensure that the impacts of the development are mitigated. In addition, the land use designation of General Commercial (GC) allows for the proposed service station and convenience store. 31A-23 AUGUST 22, 2005 PAGE 1 OF 2 Conditions for Approval Variance No. 2004-15 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must submi tted for the Planning Cormnission 22, 2005 meeting. conform approval to at the plans its August 2. Any amendment to this variance must be submitted to the Planning Division, Fire Department, Public Works Agency and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The applicant shall submit a Delivery Vehicle Management plan to the Planning Division prior to the issuance of a certificate of occupancy. The plan shall specify the anticipated times of deliveries for all suppliers. The applicant shall make the best effort to arrange the delivery of goods during off-peak traffic and service station hours. 4. All vehicles delivering to the convenience store shall use on site facilities and not the alley. 5. To keep the number of deliveries to a minimum, the convenience store shall not sell any alcoholic beverages. Should the applicant choose to apply for an Alcoholic Beverage Control license, the variance to waive the loading area shall become null and void. EXHIBIT 12 31A-24 AUGUST 22, 2005 PAGE20F2 6. The queuing intrusion monitoring program described in the Conditions of Approval for Variance No. 2005-13 shall identify if queuing intrusion occurs on the site. All mitigation measures identified in the program will be effective if intrusion occurs on the site, regardless of its cause. 7 . All conditions for this variance shall be completed and in effect prior to the issuance of the Certificate of Occupancy and the release of any utilities. 31A-25 Conditional Use Permit No. 2004-27 August 22, 2005 Page 1 of 2 Findings of Fact A. will the proposed contribute to the community? use provide a general well service or being of facility which will the neighborhood or The proposed use will contribute to the general well being of the neighborhood or community. The extended hours of the service station and convenience store will allow motorists and the community to purchase items generally unavailable during these hours from other retail establishments. B. 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 addition of 24-hour operation for the proposed service station will not be detrimental to the safety and general welfare of persons residing or working in the vicinity. Conditions have been incorporated into the project to reduce adverse impacts that the project might generate as a result of the after hours operations. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The service station and convenience store will generate city tax revenue and emploYment in the community. During the hours proposed, the use provides services to the community and therefore the use will enhance rather than adversely affect the economic development or stability of the area D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project has been designed to comply with the City's design and development standards for a service station and convenience store use and will be in compliance with the regulations established in chapter 41 of the Santa Ana Municipal Code. 3JSffJf~2~ Conditional Use Permit No. 2004-27 August 22, 2005 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed service station and convenience store is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan Land Use Designation, Policy 1.9, which encourages the location of commercial centers at arterial roadway intersections in commercial districts. In addition, the use is consistent with the Community Commercial (Cl) zoning district which permits service station and mini-markets under 20,000 square feet and open between midnight and 5:00 a.m. with a conditional use permit. 31A-27 AUGUST 22, 2005 PAGEIOF3 Conditions for Approval Conditional Use Permit No. 2004-27 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 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 conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform submitted for the Planning Commission approval 22, 2005 meeting. to at the its plans August 2. Any amendment to this conditional use permit must be submitted to the Planning Division, Fire Department, Public Works Agency and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The fuel delivery shall occur between 11:00 p.m. and 5:00 a.m. 4. All conditions completed and Certificate of for this conditional use permit shall in effect prior to the issuance of Occupancy and the release of any utilities. be the B. Police Department 1. The existing building and parking lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. EXHIBIT 14 31A-28 AUGUST 22, 2005 PAGE20F3 2. The applicant shall be responsible for premises free of graffiti. All graffiti within 24 hours of occurrence. maintaining the sha 11 be removed 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. 4. Window displays must be kept to a minimum for visibility and shall not exceed 25 percent of window Windows shall be kept clear of any advertising between three and six feet in height. maximum coverage. materials 5. 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. 6. A timed-access cash controller or a money drop easily providing the cashier the ability to money into it must be installed. safe capable of quickly deposi t 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 petitioner(s) 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. This conditional use permit shall be subject to review and revocation should the applicant request for an Alcohol Beverage Control license. 13. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 31A-29 AUGUST 22 2005 PAGE30F3 14. 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 can not be taped over more than six times. f. An audio recording component that will record sounds occurring at the customer counter. 15. 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 inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. 31A-30 KO - 8/1/05 RESOLUTION NO. 2005-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-13 AS CONDITIONED TO REDUCE THE MINIMUM LOT SIZE REQUIREMENT; VARIANCE NO. 2004-15 AS CONDITIONED TO WAIVE THE LOADING ZONE REQUIREMENT; AND CONDITIONAL USE PERMIT NO. 2004-27 AS CONDITIONED TO ALLOW OPERATION OF THE SERVICE STATION AND CONVENIENCE STORE DURING THE HOURS OF 12:00 A.M. TO 5:00 A.M. FOR THE PROPERTY LOCATED AT 1702 NORTH BROADWAY 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. Variances Nos. 2004-13 and 2004-15 and Conditional Use Permit No. 2004-27 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 22, 2005. B. Variance No. 2004-13 has been filed with the City of Santa Ana seeking to reduce the minimum lot size requirement. 1. Santa Ana Municipal Code Section 41-373 requires a minimum of fifteen thousand (15,000) square feet of area for a retail or service use in the C1 zoning district. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a Variance upon making certain findings. The Planning Commission determines that the findings necessary to grant the Variance have been established: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The size of the subject parcel creates a special circumstance applicable to the property, as the applicant is unable to increase the size of the lot 31A-31 Resolution No. 2005-63 Page 1 of 7 without purchasing an additional parcel of land. Streets on two sides and an alley on the third side surround the rectangular shaped property. Therefore, the only opportunity the applicant has to increase the size of the land is to purchase the adjacent parcel of land. This parcel of land is presently developed with a non-conforming building and not for sale. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to reduce the minimum lot size requirement is necessary for the preservation and enjoyment of the property right to develop the site. The variance will allow the applicant the ability to operate a permitted use on the site. Hi. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the minimum lot size requirement will not be materially detrimental to the public welfare or potentially injurious to surrounding property. Conditions, such as a queuing intrusion monitoring program and its mitigation measures, in addition to other proposed conditions of approval are intended to alleviate any problems that may negatively affect the traffic circulation of the immediate surrounding area and the community at large. iv. That the granting of the variance will not adversely affect the General Plan of the City. a) The granting of the variance will not adversely affect the General Plan of the City. Conditions of approval have been developed to ensure the efficient traffic circulation of an Enhanced Intersection. In addition, the land use designation of General Commercial (GC) allows for the proposed service station and convenience store. C. Variance No. 2004-15 has been filed with the City of Santa Ana seeking to waive the loading zone requirement, Santa Ana Municipal Code Section 41-1305. 31A-32 Resolution No. 2005-63 Page 2 of 7 31A-33 1. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a Variance upon making certain findings. The Planning Commission determines that the findings necessary to grant the Variance have been established: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Due to restricted size of the parcel, combining the parking spaces and loading area allows the applicant the ability to develop a 683 square foot convenience store. Due to the reduced size of the convenience store and the fact that this is an ancillary use to the service station, the delivery of goods is anticipated to be infrequent and will not impact the site. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to waive the loading area is necessary for the preservation of the applicant's right to develop the site with a retail use, which is permitted by right. Since the retail use is ancillary to the service station and most customers using the convenience store will park their vehicle by the fuel dispensers, requiring a parking stall and a loading area creates an unnecessary burden for a size restricted site. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance to waive the loading/unloading area will not be detrimental to the public welfare or injurious to surrounding properties. Conditions of approval, such as restricting all loading/unloading operations to occur on site where possible congestion can be monitored by the queuing intrusion monitoring program, restricting the sales of alcoholic beverages to keep the deliveries at a 31A-34 Resolution No. 2005-63 Page 3 of 7 minimum and others have been developed to mitigate any potential negative impacts. iv. That the granting of the variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan as the land use designation of General Commercial (GC) allows for the proposed service station and convenience store. 2. Conditional Use Permit No. 2004-27 has been filed with the City of Santa Ana seeking to allow operation of the service station and convenience store during the hours of 12:00 a.m. to 5:00 a.m. 2. Pursuant to Santa Ana Municipal Code Section 41-365.5, a Conditional Use Permit is required for retail markets having less than twenty thousand square feet of floor area which are open at any time between the house of 12:00 midnight and 5:00 a.m. in the C1 zoning district. 3. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. The Planning Commission determines that the findings necessary to grant the Conditional Use Permit have not been established: i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed use will contribute to the general well being of the neighborhood or community. The extended hours of the service station and convenience store will allow motorists and the community to purchase items generally unavailable during these hours from other retail establishments. ii. 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 addition of 24-hour operation for the proposed service station will not be detrimental to the safety and general welfare of persons residing or working in the vicinity. Conditions have been incorporated into the project to reduce adverse impacts that the project 31A-35 Resolution No. 2005-63 Page 4 of 7 might generate as a result of the after hours operations. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The service station and convenience store will generate city tax revenue and employment in the community. During the hours proposed, the use provides services to the community and therefore the use will enhance rather than adversely affect the economic development or stability of the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The project has been designed to comply with the City's design and development standards for a service station and convenience store use and will be in compliance with the regulations established in chapter 41 of the Santa Ana Municipal Code. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed service station and convenience store is in an area designated General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the Community Commercial (C1) zoning district which permits service station and mini- markets under 20,000 square feet and open between midnight and 5:00 a.m. with a conditional use permit. D. In accordance with the California Environmental Quality Act, (Title 14 of the California Code of Regulations, Section 15302) the recommended action is exempt from further review. The Class 2 exemption allows for the replacement or reconstruction of existing facilities on the same site. Categorical Exemption Environmental Review No. 2003-196 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby: A. Approves Variance No. 2004-13, to reduce the minimum lot size requirement for the property located at 1702 North Broadway, as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. 31A-36 Resolution No. 2005-63 Page 5 of 7 B. Approves Variance No. 2004-15, to waive the loading zone requirement for the property located at 1702 North Broadway, as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein. C. Approves Conditional Use Permit No. 2004-2,7 to allow operation of the service station and convenience store during the hours of 12:00 a.m. to 5:00 a.m. for the property located at 1702 North Broadway, as conditioned in Exhibit C attached hereto and incorporated as though fully set forth herein. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated August 22, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22ND day of August, 2005 by the following vote: AYES: Commissioners: De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Cribb (1) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney 31A-37 Resolution No. 2005-63 Page 6 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2005-63 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 22, 2005. Date: Planning Commission Secretary City of Santa Ana 31A-38 Resolution No. 2005-63 Page 7 of 7 Conditions for Approval for Variance No. 2004-13 Variance No. 2004-13 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Plan nino Division 1. All proposed site improvements must conform to the plans submitted for the Planning Commission approval at its August 22, 2005 meeting. 2. Any amendment to this variance must be submitted to the Planning Division, Fire Department, Public Works Agency and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. This variance is to reduce the minimum lot size from 15,000 square feet to 14,879 square feet. Any further reduction not resulting from required dedications for this project as identified on the site plan and DP 2003-59 will require an additional variance. 4. The fuel delivery shall occur between 11 :00 p.m. and 5:00 a.m. 5. The number of storage tanks to be located in the trash area shall be limited to four (4). 6. The applicant shall submit a Delivery Vehicle Management Plan to the Planning Division prior to the issuance of a certificate of occupancy. The plan shall specify the anticipated times of deliveries for all suppliers. The applicant shall make the best effort to arrange the delivery of goods during off-peak traffic and service station hours. 7. A Lot Line Adjustment to consolidate lots 18, 19 and 20 shall be filed and recorded prior to the issuance of a building permit. 8. The City will conduct a queuing intrusion study at the applicants' expense within six months of issuance of Certificate of Occupancy and then yearly &1~b~ for the next five years. If a queuing intrusion occurs, then an additional yearly study(s) shall be required. There shall be five consecutive years of queuing intrusion studies confirming no queuing intrusion is occurring at this site. Additional studies may also be required if queuing intrusion occurs or if directed by the Planning Commission or City Council. The cost of any additional studies shall be at the applicant's expense. 9. The following identify the parameters of the queuing intrusion monitoring program and the mitigation measures should queuing intrusion occur. a. A vehicle that is stopped and waiting to access a fueling pump is considered to be in queue. A vehicle is deemed to be causing intrusion if its position in queue is such that, while it is waiting to fuel, one or more tires are stopped on any portion of the sidewalk, driveway apron or street which provides access to the project site for any period of time. A vehicle that is stopped with all four tires in the public street adjacent to the driveway that provides access to the project site will be deemed to be causing queuing intrusion if it does not proceed when it is safe to do so, Le. at a green light, but continues to be stopped and waiting to enter the site. b. The queuing intrusion study by the City's consultant, which will include a visual verification of the existence of the queuing intrusion as described above, will be conducted for a period of seven consecutive days at the times specified by the City, for a minimum of 35 hours and a maximum of 40 hours per study. c. If queuing intrusion, as defined above in Paragraph A, occurs more than once during the queuing intrusion study, the City will determine that queuing intrusion has occurred. After the first queuing intrusion occurrence, the City will send the applicant written notification. The applicant will have one month to submit a queuing management plan to the Planning Manager. The queuing management plan shall describe the traffic control and fueling operation methods that the applicant will use in order to eliminate all queuing intrusion. Said plan shall be reviewed and approved by the Planning Manager and implemented by the applicant immediately following the Planning Manager's approval. d. The City's consultant will conduct a subsequent queuing intrusion study no sooner than one month from the date of the approval of the queuing management plan, but no later than three months from such date. e. If the City consultant determines that queuing intrusion, as defined above in Paragraph A has occurred a second time any time during Exhibit A Page 2 OF 4 31A-40 the required study period (minimum five years), the City will send the applicant written notification of the queuing intrusion. Upon receipt of the notification, the applicant shall immediately cease to dispense fuel from Pump 1 identified on Attachment 1, and incorporated herein by this reference. In addition, the applicant shall provide proof of the submittal of a completed application(s) for the removal of said pump to the proper agencies within thirty (30) days of receipt of the notification. The applicant shall complete the removal of said pump within thirty (30) days of obtain permit approval. f. If the City consultant determines that queuing intrusion, as defined above in Paragraph A has occurred a third time any time during the required study period (minimum five years), the City will send the applicant written notification of the queuing intrusion. Upon receipt of the notification, the applicant shall immediately cease to dispense fuel from Pump 2 identified on Exhibit "A". In addition, the applicant shall provide proof of the submittal of a completed application(s) for the removal of said pump to the proper agencies within thirty (30) days of receipt of the notification. The applicant shall complete the removal of said pump within thirty (30) days of obtain permit approval. g. If the applicant fails to remove the identified pump within the allocated time, the City will hire a licensed contractor to remove the fueling pump(s) and related equipment. Prior to the issuance of a building permit, the owner or its designee will execute an agreement with the City to allow the contractor to enter the site. h. The applicant shall post a performance bond in an amount equal to the cost of the removal of two pumps and related equipment. The bond will be released to the applicant if no intrusion occurs after the testing period upon written request to the City. i. The applicant will deposit funds with the City of Santa Ana in an amount of 50 percent greater than the cost of two bids for studies to be performed by a consultant identified by the City. Said funds will be held in an account by the City of Santa Ana. The applicant will have 30 calendar days to deposit an equal amount to the one withdrawn for a study, upon use of any of the funds from this account. Failure to keep the account at its minimum level 30 days after the expenditure will result in the enactment of the mitigation measures identified above (removal of both pumps). At the completion of the testing period, the balance on the account will be reimbursed to the applicant upon written request to the City. Exhibit A Page 3 OF 4 31A-41 j. The City will notify the applicant of any additional queuing study requested by the Planning Commission or City Council within 10 calendar days from the request. k. For the purpose of this monitoring program yearly shall mean a period of time no less than ten (10) months and no more than fourteen (14) months. 10. All mitigation measures identified in the program will be effective if intrusion occurs on the site, regardless of its cause. 11 . All conditions for this variance shall be completed and in effect prior to the issuance of the Certificate of Occupancy and the release of any utilities. Exhibit A Page 4 OF 4 31A-42 ~ ---""'-- ---- _w_ _..... ----- .................... ""............,.,.L___ ",-~l' 'n'ylffyLlllW'S ).'l'Ill(hoOCllIll.lE*ll)Lj NOI!Y!S un, ']J',Q 'Ott"UlI 'JLYCI ~ ');.....0 it ...y~ III ~. >< ;U.H ~~ , - -: - - - -"V/v\OVOdB - -Hld-ON- - - - -- - -- - ~ ~ ~j I 2 _" I ~. I .., ~! I2'5J " ~ ?- m - :c X w , ' " I , I ,',I: ']' 'I " I , , I , , 'I': , I , , " , I , I "","'''"'''! ""~~, I I I , I I I "'~~~~'l'!I~n!S J.NYdrtO:J ~NI1J)/h1"'" 110 01~OM NYld 3US lyn!d3JNOJ -~~.._. - ;J ~ ----~ : i _--+J ~I ~Iw ~,I ! i I' I , ~I ~I fgl D-I 3Ml 0 - f'..'. " '"" ~"-~,\"''' ,"""., '''"'' '\. " '-, ", -'\., " " , "- '" !:it '''-, '\. ~&~: " "- ~~i~ , " ~ " ILu~ ,'~ -" 31A-43 1-' ~I (f)1 I lj 1-' ~I ZI ~I bil I I I I I I Conditions for Approval For Variance No. 2004-15 Variance No. 2004-15 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. PlanninQ Division 1. All proposed site improvements must conform to the plans submitted for the Planning Commission approval at its August 22, 2005 meeting. 2. Any amendment to this variance must be submitted to the Planning Division, Fire Department, Public Works Agency and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The applicant shall submit a Delivery Vehicle Management Plan to the Planning Division prior to the issuance of a certificate of occupancy. The plan shall specify the anticipated times of deliveries for all suppliers. The applicant shall make the best effort to arrange the delivery of goods during off-peak traffic and service station hours. 4. All vehicles delivering to the convenience store shall use on site facilities and not the alley. 5. To keep the number of deliveries to a minimum, the convenience store shall not sell any alcoholic beverages. Should the applicant choose to apply for an Alcoholic Beverage Control license, the variance to waive the loading area shall become null and void. 6. The queuing intrusion monitoring program described in the Conditions of Approval for Variance No. 2005-13 shall identify if queuing intrusion occurs on the site. All mitigation measures identified in the program will be effective if intrusion occurs on the site, regardless of its cause. 7. All conditions for this variance shall be completed and in effect prior to the issuance of the Certificate of Occupancy and the release of any utilities. EXHIBIT B 31A-44 Conditions for Approval for Conditional Use Permit No. 2004-27 Conditional Use Permit No. 2004-27 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, 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 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 conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannino Division 1. All proposed site improvements must conform to the plans submitted for the Planning Commission approval at its August 22, 2005 meeting. 2. Any amendment to this conditional use permit must be submitted to the Planning Division, Fire Department, Public Works Agency and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The fuel delivery shall occur between 11 :00 p.m. and 5:00 a.m. 4. All conditions for this conditional use permit shall be completed and in effect prior to the issuance of the Certificate of Occupancy and the release of any utilities. B. Police Department 1. The existing building and parking lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 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. EXHIBIT C Page 1 of 3 31A-45 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 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 feet including merchandise and cannot obstruct the cashiers view to the outside. 6. A timed-access cash controller or a 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 petitioner(s) 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. This conditional use permit shall be subject to review and revocation should the applicant request for an Alcohol Beverage Control license. 13. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 14. 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. EXHIBIT C Page 2 of 3 31A-46 d. A tape or disc storage library of recorded cameras kept for a minimum of 60 days. e. If video tape is used, tapes can not be taped over more than six times. f. An audio recording component that will record sounds occurring at the customer counter. 15. 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 inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. EXHIBIT C Page 3 of 3 31A-47 31A-48