Loading...
HomeMy WebLinkAbout2003-32• Koo - 9/10/03 RESOLUTION NO.2003-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2003-20 TO ALLOW AFTER HOURS OPERATIONS AT 2330 SOUTH MAIN 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. Conditional Use Permit No. 2003-20 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 22, 2003. B. The applicant is requesting approval of Conditional Use Permit No. 2003- 20 to allow the after hours operation at 2330 South Main. C. Santa Ana Municipal Code Section 41-377.5 authorizes operation of a business between midnight and 5:00 a.m. in a General Commercial (C-2) • zone with a Conditional Use Permit. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility, which will contribute to the general well being of the neighborhood or the community? The after hours operation of the retail store and drive- through pharmacy will contribute to the general well being of the community by providing the surrounding community the ability to purchase items generally unavailable between the hours of midnight and 5:00 a.m. from other retail establishments. 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? Conditions have been incorporated into the project to help minimize any adverse impacts that the project might generate as a result of its after-hours operation. Conditions such as requiring cashier areas to be unobstructed and • viewable from public areas, installing a silent armed robbery alarm and. a timed access cash controller, posting "No Resolution No. 2003-32 Page 1 of 4 Loitering/Trespass" signs in parking areas and graffiti removal within 24 hours will add an element of safety for employees and customers using the facility. The Police Department will review the project at ninety days, six months, one year and annually thereafter to ensure that the business remains in compliance with conditions approved for the project. The after-hours operation of the store and drive- through pharmacy, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons residing or working in the area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The retail store and drive-through pharmacy will generate City tax revenue and employment in the community. During the hours proposed, the use provides services to the community, and therefore, it is anticipated that the use will enhance rather than adversely affect the economic development or stability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? • The retail store and drive-through pharmacy meets or exceeds the City's Design and Development Standards for such use. The hours of operation are ancillary to the commercial use, which is allowed by right in the General Commercial (C-2) zoning district. The project is in compliance with the regulations established in Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The retail store and drive-through pharmacy is in an area designated as General Commercial (GC) in the General Plan. The use is consistent with the General Plan and the General Commercial (C-2) zoning district which permits the retail use and drive-through and the hours of operation between midnight and 5:00 a.m. with a conditional use permit. 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 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 Resolution No. 2003-32 Page 2 of 4 ® 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. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 2. The Planning Commission of the City of Santa Ana hereby, approves Conditional Use Permit No. 2003-20 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 22"d day of S~ • i Hers: AYES: Commiss o NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: ~ptember, 2003 by the following vote: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) None (0) None (0) None (0) ,~ ~~ "`~ Alexander Nalle Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~ ~ ._ Kylee O tto Deputy ity Attorney • Resolution No. 2003-32 Page 3 of 4 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2003-32 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2003. Date: ~i~l~~~ annin ommission Secretary City Santa Ana • • Resolution No. 2003-32 Page 4 of 4 • Conditions for Approval for Conditional Use Permit No 2003-20 Conditional Use Permit No. 2003-20 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 ail 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. The project shall remain in compliance with Site Plan Review DP No. 02- 89. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. • B. Police De artment 1. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 2. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 3. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 4. 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. 5. Atimed-access cash controller must be installed. 6. Install a silent armed robbery alarm. 7. There shall be no coin-operated games maintained on the property at any time. • EXHIBIT A Page 1 of 2 8. All pay telephones shall be located inside the building. 9. The petitioner(s) shall be responsible for maintaining the property free of litter. 10. 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. 11. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 12. The noise generated from the pharmacy speaker cannot exceed the levels specified in SAMC Section 18-312. 13. A state licensed uniformed security officer will be required in the parking lot from 4:00 a.m. to 9:00 a.m. daily. The Police Department will evaluate the number of calls directly related to the CVS project 3 months, 6 months and 12 months after the opening and yearly thereafter and may waive the requirement for a security guard if, and so long as, the number of calls and reports directly related to CVS remains at or below the area average for this type of operation. • 14. No exterior fixed seating will be allowed. r~ EXHIBIT A Page 2 of 2