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HomeMy WebLinkAbout2007-14 RESOLUTION NO. 2007-14 KO- 2/7/07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2006-23 AS CONDITIONED TO ALLOW AFTER HOURS OPERATIONS AND CONDITIONAL USE PERMIT NO. 2006-24 TO ALLOW PARKING IN THE R2-B ZONE FOR THE PROPERTY LOCATED AT 1715 NORTH BRISTOL STREET 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. 2006-23 to allow after hours operations and Conditional Use Permit No. 2006-24 to allow parking in the R2-B zone for a proposed Walgreens at 1715 North Bristol Street. B. Conditional Use Permit No. 2006-23 and Conditional Use Permit No. 2006-24 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 12, 2007. C. Pursuant to Santa Ana Municipal Code Section 41-365.5 Retail markets having less than twenty thousand square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. are permitted in the C1 district subject to the issuance of a conditional use permit. Conditional Use Permit No. 2006-23 has been filed with the City of Santa Ana seeking to allow after hours operations for the property located at 1715 North Bristol Street. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. 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 business hours between 12:00 midnight and 5:00 a.m. will contribute to the general Resolution No. 2007-14 Page 1 of 14 well being of the community by providing general merchandise and pharmacy services to the community and allowing the community to purchase items generally unavailable during these hours from other retail establishments. Conditions have been placed on the extended hours or operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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 business hours between 12:00 midnight and 5:00 a.m. will provide additional service to the store patrons and the adjacent community. The conditions of approval will require the store to maintain a safe environment and are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The addition of the proposed business hours between 12:00 midnight and 5:00 a.m. to the retail establishment will generate City tax revenue and employment for the community thereby enhancing the profitability of the business, which will contribute to the economic stability of surrounding properties in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit for the operation of a business between the hours of 12:00 midnight and 5:00 a.m., the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. Resolution No. 2007-14 Page 2 of 14 • v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed retail establishment is located in three general plan designations, General Commercial (GC) Low Density Residential (LR) and Open Space. The proposed use as designed will not adversely affect the General Plan or the Bristol Street corridor Specific Plan. Retail establishments with pharmacy and photo services are permitted within the General Commercial (GC) land use General Plan designation, while parking in conjunction with a retail establishment is permitted in the Low Density residential designation and landscaping is permitted in the Open Space designation. In addition, the project meets the goals and policies established in the Urban Element of the General Plans, as the project will be developed with the highest quality design, materials, finishes and construction and a Plaza connecting to the public right-of-way to encourage public interaction will be provided. D. Pursuant to Santa Ana Municipal Code Section 41-611, parking is . permitted in a B-suffix district with a conditional use permit. 1. Conditional Use Permit No. 2006-24 has been filed with the City of Santa Ana seeking to allow parking in the R2-B zone for the property located at 1715 North Bristol Street. 2. 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 the community? The proposed parking will occur in conjunction with the construction of a new retail store and will contribute to the general well being of the neighborhood by providing a permanent buffer zone between the commercial and residential uses. Conditions have been placed on the parking area that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the • surrounding community. Resolution No. 2007-14 Page 3 of 14 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 proposed parking area in conjunction with the construction of a retail building will provide a required and necessary service to the store patrons. The conditions of approval will require the store to maintain a safe environment parking and are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The parking provides a required and necessary service to the store patrons. The retail establishment will generate City tax revenue and employment for the community thereby enhancing the profitability of the • business, which will contribute to the economic stability of surrounding properties in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit to allow parking in conjunction with a retail building, the proposed use will be in compliance with the applicable sections of 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 retail establishment is located in three general plan designations; General Commercial (GC), Low Density Residential (LR) and Open Space. The proposed use as designed will not adversely affect the General Plan or the Bristol Street corridor Specific Plan. Retail establishments with pharmacy and photo services are permitted within the General Commercial (GC) land use General Plan designation, while • parking in conjunction with a retail establishment is Resolution No. 2007-14 Page 4 of 14 permitted in the Low Density residential designation • and landscaping is permitted in the Open Space designation. In addition, the project meets the goals and policies established in the Urban Element of the General Plans, as the project will be developed with the highest quality design, materials, finishes and construction and a plaza connecting to the public right-of-way to encourage public interaction will be provided. Finally, the project meets Goal 6.0 of the Circulation Element as an easement across the parcels facing Seventeenth Street to prevent the use of residential streets to service non-residential development. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2005-208, prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it • can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The Planning Commission after conducting the public hearing hereby approves for the property located at 1715 North Bristol Street: Conditional Use Permit No. 2006-23, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow after hours operations. 2. Conditional Use Permit No. 2006-24, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow parking in the R2-B zone These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 12, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2007-14 Page 5 of 14 • ADOPTED this 12th day of F~ AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: ~bruary, 2007 by the following vote: Alderete,Betancourt,De La Torre,Gartner,Leo,Mill, Munoz (7) None (0) None (0) None (0) Christoph Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant ity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-14 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 12, 2007. Date: oZ ~ 7 ~ / `/~ , Planning Commission Secreta City of Santa Ana Resolution No. 2007-14 Page 6 of 14 Conditions for Approval for Conditional Use Permit No. 2006-23 Conditional Use Permit No. 2006-23 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 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2005-79. 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. A six-foot high masonry wall shall be maintained at the north property line to separate this use from adjacent residential use. 4. All site lighting shall be designed and located so as not to impact the residential properties north of the project. 5. An electronic shopping cart system (Cartronics or equivalent) shall be installed over the driveways and plaza to ensure the shopping carts remain within the site. 6. At minimum, a store associate shall be provided to monitor and collect carts hourly to ensure that all carts do not encroach into the required parking spaces. 7. Signage shall be provided on site to direct traffic wishing to travel east on Seventeenth Street toward the easement that accesses Baker Street. 8. The two public entrances shall remain operable and usable and not blocked/obstructed. • 9. No darkening or covering of windows on the first floor. Exhibit A Resolution No. 2007-14 Page 7 of 14 • 10. Display, merchandise or signage located within a 12-foot radius area of the building entrances must be kept to a maximum height three feet and shall not block/obstruct any windows. 11. Speaker for the drive-through shall be a low volume unit and not oriented towards residences. B. Police Department 1. The existing building and parking lot 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 graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Front cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Pharmacy cash registers located at the rear of the store are exempt. ® 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. Atimed-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. Resolution No. 2007-14 Page 8 of 14 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. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. 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 cannot be taped over more than six times. 14. 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. 15. Deliveries cannot occur between the hours of 10:00 p.m. and 7:00 a.m. daily. Resolution No. 2007-14 Page 9 of 14 Conditions for Approval for Conditional Use Permit No. 2006-24 • Conditional Use Permit No. 2006-24 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 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2005-79. 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. A six-foot high masonry wall shall be maintained at the north property line to separate this use from adjacent residential use. 4. All site lighting shall be designed and located so as not to impact the residential properties north of the project. 5. An electronic shopping cart system (Cartronics or equivalent) shall be installed over the driveways and plaza to ensure the shopping carts remain within the site. 6. At minimum, a store associate shall be provided to monitor and collect carts hourly to ensure that all carts do not encroach into the required parking spaces. 7. Signage shall be provided on site to direct traffic wishing to travel east on Seventeenth Street toward the easement that accesses Baker Street. 8. The two public entrances shall remain operable and usable and not blocked/obstructed. 9. No darkening or covering of windows on the first floor. Exhibit B Resolution No. 2007-14 Page 10 of 14 10. Display, merchandise or signage located within a 12-foot radius area of • the building entrances must be kept to a maximum height three feet and shall not block/obstruct any windows. 11. The egress and ingress easement which runs across parcels facing Seventeenth Street shall be preserved. 12. No structures shall be located within 107 feet of the northern property line. This land shall be maintained as a parking and landscape buffer for the duration of the project. 13. A decorative driveway approach to be installed at the North Bristol driveway entrance. Mitigation Measures 14. During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: a. All material excavated or graded will be sufficiently watered to • prevent excessive amounts of dust. b. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. c. Streets surrounding the project site shall be cleaned at the end of each day of construction. d. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. e. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. f. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. g. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. 15. Prior to the issuance of grading permits, the project developer shall • provide proof of coverage under NPDES General Construction Activity Resolution No. 2007-14 Page 11 of 14 Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number; (b) Two copies of the Storm Water Pollution Prevention Plan. a. Site Assessment b. Site design Best Management Practices (BMP) c. Applicable Routine Source Control BMP d. Selecting and sizing the Treatment Control BMP. e. Mechanisms by which funding for long-term operation and maintenance of all structural BMP will be provided. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation. 16. Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control" and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 17. Submit for approval a surface drainage/grading/erosion control plan. 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. 18. Prior to issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes; (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. 19. Prior to issuance of grading permits, the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. 20. Provide two copies of the Water Quality Management Plan that would include the following: Resolution No. 2007-14 Page 12 of 14 > f 21. The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees. Resolution No. 2007-14 Page 13 of 14