HomeMy WebLinkAbout2005-63•
RESOLUTION NO. 2005-63
KO - 8/1/05
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.
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:
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
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.
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.
iii. 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.
Resolution No. 2005-63
Page 2 of 7
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:
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
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:
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.
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
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.
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 22"° 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)
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: _
Kylee O. Ot
Assistant C y Attorney
Resolution No. 2005-63
P~Qe~ 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: J ~S
Planning Commission Secreta
City of Santa Ana
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 rior 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 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
Exhibit A
Page 1 OF 4
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
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
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.
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 Attachment "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
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
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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 rip or 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 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
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 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
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
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
• 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.
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
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
Page3of3