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HomeMy WebLinkAbout2007-29• RESOLUTION NO. 2007-29 KO- 6/26/07 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. 2007-29 Page 1 of 6 • 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 a 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. 2007-29 Page 2 of 6 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) ~~ t Christo er Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant ty 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: -' Q--v Planning Commissio ecre City of Santa Ana Resolution No. 2007-29 Page 3 of 6 • 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. 2. 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. 5. 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, 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 • Resolution No. 2007-29 Exhibit A Page 4 of 6 • 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. 2007-29 Page 5 of 6 PROOF OF SERVICE i (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 2"d 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 E.P.C.C. Inc. 1900 East Warner Avenue, Suite M Santa Ana, CA 92705 Jonathan Quinn Rohrs Investment Company 4675 MacArthur Court, Suite 1600 Newport Beach, CA 92660 [ ] 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 July 10, 2007 at Santa Ana, California. MA THA RAM I REZ Resolution No. 2007- 29 Page 6 of 6