HomeMy WebLinkAbout31B - CUP 2007-12 1800 N GRAND AVEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 16, 2007
TITLE:
CONDITIONAL USE PERMIT NO. 2007-12 TO
ALLOW A THRIFT STORE AT 1800 NORTH
GRAND AVENUE, SUITE S, IN THE PLANNED
SHOPPING CENTER (C4) ZONING DISTRICT
- GOODWILL INDUSTRIES, APPLICANT
" CITWv1ANAGER ~
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No.
2007-12 as conditioned.
PLANNING COMMISSION ACTION
On June 25, 2007, the Planning Commission adopted a resolution approving
Conditional Use Permit No. 2007-12 as conditioned by a vote of 5:0 (De La
Torre and Munoz absent) to allow a thrift store for Goodwill Industries
within the Planned Shopping Center (C4) zoning district at 1800 North
Grand Avenue, Suite B. The Planning Commission modified a condition to
not allow any donations of goods at the subject site (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
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J Trevino
Executive Director
Planning & Building Agency
VF:rb
vc\reporte\cup0]-12 Goodwill.cc
31 B-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JUNE 25, 2007
TITLE:
PUBLIC HEARING - CONDITIONAL USE PERMIT
NO. 2007-12 TO ALLOW A THRIFT STORE FOR
GOODWILL INDUSTRIES AT 1800 NORTH GRAND
AVENUE, SUITE B, IN THE PLANNED SHOPPING
CENTER (C4) ZONING DISTRICT
Prepared by Vince Fregoso
\`
Executive Director
RECOMMENDED ACTION
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Planning M Hager
Adopt a resolution approving Conditional Use Permit No. 2007-12 as
conditioned.
DISCUSSION
Request of Applicant
Goodwill Industries is requesting approval
in order to operate a thrift store within
at 1800 North Grand Avenue, Suite B.
required to operate a thrift store in the
zoning district.
Property Descri tion
of a conditional use permit
an existing building located
A conditional use permit is
Planned Shopping Center (C4)
The project site is approximately 14 acres in size and is located on the
northwest corner of Grand Avenue and Seventeenth Street. Five buildings
consisting of approximately 191,225 square feet of commercial, retail and
restaurant uses currently exist on the site. A total of 650 parking
spaces have been provided for the uses.
The property is zoned Planned Shopping Center (C4), which is consistent
with the General Plan Land Use Designation of General Commercial (GC).
The project site is bounded by retail and single-family residential uses
to the north, retail to the south and east, and retail and multi-family
residential to the west (Exhibits 1 and 2).
EXHIBIT A
31 B-2
Conditional Use Permit No. 2007-12
June 25, 2007
Page 2
Project Description
Goodwill Industries is proposing to operate a premium concept retail
thrift store within an existing 17,000 square foot tenant space at 1800
North Grand Avenue, Suite B. The proposed business differs from existing
Goodwill retail store operations in that this store will involve the sale
of products similar to upscale factory and clearance type merchandise
typically found at department stores. The project will require tenant
improvements within the existing building in order to create the retail
and storage areas necessary for the business operations. No exterior
changes are proposed to the building. Hours of operation for the facility
will be from 8:00 a.m. to 9:00 p.m. seven days a week (Exhibits 3 and 4).
Analysis of the Issues
A conditional use permit is required for thrift shops operated by
nonprofit or government-subsidized organizations. Goodwill Industries is
known for providing employment opportunities and training for people with
disabilities and other handicaps at their facilities.
To avoid possible adverse impacts associated with the thrift store use,
staff is proposing a series of conditions that will assist in mitigating
any negative impacts associated with the operation of the facility. It
is not anticipated that the proposed thrift store, in conjunction with
the proposed conditions, will create negative impacts to the surrounding
businesses or residential community. The applicant is required to
upgrade the existing site by bringing the parking lot lighting into
closer compliance with current commercial development standards.
The thrift store use will provide a long-term social benefit to the
community as the use functions as a typical retail establishment.
Additionally, no adverse impacts are anticipated as a result of the
project's approval. At the time of this report, there appear to be no
code enforcement violations on the subject site. Therefore, based upon
the analysis of the project and its compatibility with the General Plan,
findings and conditions of approval, staff recommends that the Planning
Commission approve Conditional Use Permit No. 2007-12 as conditioned.
31 B-3
Conditional Use Permit No. 2007-12
June 25, 2007
Page 3
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15301. This
Class 1 Categorical Exemption allows the permitting and operation of
existing structures that involve no expansion. Environmental Review No.
2007-82 will be filed for this project.
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Vince Freg
Senior Pla.
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KO- 6/26/07
RESOLUTION NO. 2007-29
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2007-12 AS CONDITIONED TO ALLOW
THE OPERATION OF A THRIFT STORE AT THE
PROPERTY LOCATED AT 1800 NORTH GRAND AVENUE,
SUITE B
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. Applicant is requesting approval of Conditional Use Permit No. 2007-12 to
allow the operation of a thrift store at the property located at 1800 North
Grand Avenue, Suite B.
B. Conditional Use Permit No. 2007-12 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
June 25, 2007.
C. Pursuant to Santa Ana Municipal Code Section 41-412 a conditional use
permit is required to operate a thrift store in the Planned Shopping Center
(C4) zoning district.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission 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
community?
The Goodwill thrift store will provide a service to the area by
selling secondhand products at a reduced price to the
economically disadvantaged of the community.
2. 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?
Resolution No. 2007-
Page 1 of 6
31 B-9
The proposed thrift store will not be detrimental to the
welfare of persons in the area as the use is identical to retail
uses in the immediate vicinity and will be conditioned to be
conducted within an enclosed building.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The project will help the stability and future economic
development of the area by keeping a building leased with
long-term tenant that provides products and services to
handicapped and underprivileged members of the
community.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The project will comply with all applicable city codes and
standards pertaining to the thrift store use. In addition, there
are no code enforcement violations on the subject site at the
time of this report.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The operation of a thrift store within an existing building on
the project site will have no affect on the City's General Plan.
Thrift stores are permitted within the General Commercial
(GC) General Plan designation and are allowed with a
conditional use permit in the Planned Shopping Center (C4)
zoning district. There are no specific plans in the immediate
area.
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15301.
This Class 1 Categorical Exemption allows the permitting and operation of
existing structures that involve no expansion. Environmental Review No.
2007-82 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2007-12, as conditioned in Exhibit "A" attached
hereto and incorporated herein, to allow the operation of a thrift store at the property
located at 1800 North Grand Avenue, Suite B. This decision is based upon the
evidence submitted at the above said hearing, which includes but is not limited to: the
Resolution No. 2007-
Page 2 of 6
31 B-10
Request for Planning Commission Action dated June 25, 2007 and exhibits attached
thereto; and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 25th day of June, 2007 by the following vote:
AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill (5)
NOES: Commissioners: None (0)
ABSENT: Commissioners: De La Torre, Munoz (2)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2007-29 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on June 25, 2007.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2007-
Page 3 of 6
31 B-11
Conditions for Approval for Conditional Use Permit No 2007-12
Conditional Use Permit No. 2007-12 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 rip or 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
Comply with Development Review Committee comments for Site Plan
Review DP No. 07-32.
Any amendment to this conditional use permit must be submitted to the
Planning Division and Police Department for review. At that time, staff will
determine if administrative relief is available or the conditional use permit
must be amended.
3. There shall be no outside storage, outdoor sale, or collection of goods
inside or outdoors at the subject property. All temporary outdoor sales and
activities shall be in compliance with Section 41-195 of the Santa Ana
Municipal code.
4. There shall be no outdoor storage, sales, collection, or private auctions of
motorized vehicles as part of the thrift store operation.
The conditional use permit will be reviewed in six months by the Planning
Division to ensure compliance with the conditions of approval.
B. Police Department
The existing suite and parking lot within 60 feet of the suite must conform
to 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, doodwindow 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
Resolution No. 2007-
Exhibit A Page a of 6
31 B-12
graffiti. All graffiti shall be removed within 24 hours of occurrence.
3. The cash registers 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 maximum visibility and
shall not exceed 25 percent of window coverage.
5. Window displays and racks must be kept to a maximum height of three
feet including merchandise.
6. There shall be no coin operated games or pool tables maintained on the
premises at any time.
7. All pay telephones shall be located inside the premises.
8. The applicant shall be responsible for maintaining the premises free of
litter and graffiti.
9. The conditional use permit shall be reviewed at six months, one year and
then annually thereafter by the Police Department for any modifications to
the conditions of approval.
Resolution No. 2007-
Page 5 of 6
31 B-13
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd Santa Ana, California 92702.
I served the foregoing document described as: Resolution No. 2007-29
(Conditional Use Permit No. 2007-12) in this action by placing a true copy thereof
enclosed in sealed envelopes addressed as follows:
Mike Easton Jonathan Quinn
E.P.C.C. Inc. Rohrs Investment Company
1900 East Warner Avenue, Suite M 4675 MacArthur Court, Suite 1600
Santa Ana, CA 92705 Newport Beach, CA 92660
[ j I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ]The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMIREZ
Resolution No. 2007-
Page 6 of 6
31 B-14