HomeMy WebLinkAbout2005-12
RESOLUTION NO. 2005-12
KO - 5/25/05
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DENYING CONDITIONAL USE
PERMIT NO 2005-08(A) TO ALLOW A CAR WASH;
APPROVING CONDITIONAL USE PERMIT NO. 2005-08(B)
AS CONDITIONED TO PERMIT AFTER HOURS
OPERATION AND APPROVING VARIANCE NO. 2005-04
AS CONDITIONED TO REDUCE THE REQUIRED
LANDSCAPE SETBACKS FOR THE PROPERTY
LOCATED AT 100 WEST MACARTHUR BOULEVARD
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. 2005-08(A) and (B) and Variance No. 2005-04
came before the Planning Commission of the City of Santa Ana for a duly
noticed public hearing on April 25, 2005.
B. Conditional Use Permit No. 2005-08(A) has been filed with the City of
Santa Ana seeking to allow the construction of car wash at the property
located at 100 West MacArthur Boulevard.
Pursuant to Santa Ana Municipal Code Section 41-424.5, a
Conditional Use Permit is required for car wash establishments in
the C5 zoning district.
2. 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 car wash will not contribute to the
general well being of the community as the noise
levels generated from the washing and drying
• functions of the car wash will adversely impact the
surrounding residential uses.
Resolution No. 2005-12
Page 1 of 7
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 car wash will generate noise levels a
minimum of 12 hours per day that will affect the
resident's quality of life. Although the noise levels can
be reduced, the car wash operations will still generate
a significant level of noise that will affect the
residents.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The car wash will adversely affect the economic
stability of the surrounding residents, as the car wash
will become a nuisance whose noise impacts will
affect the resident's quality of life.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 of the S.A.M.C. for such
• use?
The project is not in compliance with the City's design
and development standards for a service station use.
The site is currently deficient in regards to on-site
landscaping and signage and will necessitate the
granting of a variance to bring the site into compliance.
v. Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The car wash will be in conflict with the goals of the
General Plan. For instance, the car wash is in conflict
with Goals No. 3 and 5, which are intended to protect
neighborhoods and requires mitigation of
development impacts.
C. Conditional Use Permit No. 2005-08(B) has been filed with the City of
Santa Ana seeking to allow the convenience store to remain open
between the hours of 12:00 and 5:00 a.m. at the property located at 100
West MacArthur Boulevard.
1. Pursuant to Santa Ana Municipal Code Section 41-424.5, a
• Conditional Use Permit is required for retail markets having less
Resolution No. 2005-12
Page 2 of 7
than 20,000 square feet of floor area which are open between the
hours of 12:00 a.m. and 5:00 a.m. in the C5 zoning district.
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 after hours operation of the service
station and convenience store of between 12:00 a.m.
and 5:00 a.m. 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 after hours operation of the service station and
convenience store will not be detrimental to
individuals residing and working in the area.
Conditions have been incorporated into the project to
reduce adverse impacts that the project might
generate as the result of the after hours operation
such as the requiring that pay phones be located
within the interior of the store and ensuring that
visibility is maintained from the street to the interior of
the store will increase the safety of employees and
users of the site. The after hours operation of the
service station and convenience store, in conjunction
with the proposed conditions, will not be detrimental
to the health, safety or general welfare of persons
working in the area.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The gasoline 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
Resolution No. 2005-12
Page 3 of 7
• 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 of the S.A.M.C. for such
use?
The project has been designed to comply with the
City's design and development standards for a
service station 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 gasoline 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 Arterial
Commercial (C5) zoning district which permits service
stations and retail stores less than 20,000 square feet
and open between midnight and 5:00 a.m. with a
• conditional use permit.
D. Variance No. 2005-04 has been filed seeking to reduce the required
landscape setbacks for the property located at 100 West MacArthur
Boulevard.
Although Section 41-427 of the SAMC requires a 15 foot wide
setback, Section 41-689 allows nonconforming service stations the
ability to reduce the required setback provided an equivalent
amount of landscaping is provided within view of the public street.
2. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a Variance upon making certain findings.
That because of special circumstances applicable to the
subject property, including size, shape, topography, location
or surroundings, that 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 project is an existing service station that had its
landscape setback on MacArthur reduced due to a
• street widening project several years ago. Due to the
street widening, and the location of the existing fuel
Resolution No. 2005-12
Page 4 of 7
• pumps and building, it is infeasible to provide the
required landscaped setback. The applicant has
provided additional landscaping at the northeast
corner of the site and within the interior of the project
to mitigate the reduced setback. Therefore, due to
the size of the lot, the strict application of the zoning
ordinance would deprive the subject property of
privileges not otherwise at variance with the intent
and purpose of the provisions of this chapter.
That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of the variance for a reduction in
landscaped setbacks will preserve the property
owners ability to develop the property with a use that
will benefit the community by providing gasoline and
food service to commuters, individuals who work in
the area and motorists utilizing the SR-55 freeway
corridor.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The project will not be materially detrimental to the
public welfare or injurious to surrounding property as
proposed. The project will enhance the economic
stability of the area by allowing the commercial
component, thereby identifying the site as a vital,
active commercial development. Therefore, the
granting of the variance will not be materially
detrimental to the public welfare or injurious to
surrounding property.
iv. That the granting of a variance will not adversely affect the
General Plan of the City.
The granting of the a variance will not adversely affect
the General Plan of the City since the proposed
service station and convenience store have been
designed in conformance with City zoning,
development and General Plan requirements.
Resolution No. 2005-12
Page 5 of 7
E. In accordance with the California Environmental Quality Act, Mitigated
Negative Declaration and Mitigation Monitoring Program, Environmental
Review No. 2004-240 has been prepared for this project.
Section 2. The Planning Commission after conducting the public hearing hereby:
A. Denies Conditional Use Permit No. 2005-08(A) seeking to allow the
construction of car wash at the property located at 100 West MacArthur Boulevard.
B. Approves Conditional Use Permit No. 2005-08(B) as conditioned in
Exhibit "A" attached hereto and incorporated herein.
C. Approves Variance No. 2005-04 as conditioned in Exhibit "B" attached
hereto and incorporated 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 April 25, 2005 and exhibits attached thereto; and the public testimony, all of which
are incorporated herein by this reference.
ADOPTED this 25t" day of A~
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
aril, 2005 by the following vote:
Cribb, De La Torre, Gartner, Leo, Lutz, Mondo,
Nalle(7)
None (0)
None (0)
None (0)
Glenn ondo
Chairp son
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ;~ ~.
Kylee O. to
Assistant ity Attorney
Resolution No. 2005-12
Page 6 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2005-12 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on April 25, 2005.
Date: Jr Jt' ~
Panning Commission Secretary
City of Santa Ana
Resolution No. 2005-12
Page 7 of 7
Conditions for Approval for Conditional Use Permit No. 2005-08(B)
Conditional Use Permit No. 2005-08(B) 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. The project shall remain in compliance with Site Plan Review DP No. 04-
96.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At this time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. Lighting shall be provided along the south property line. The lighting shall
be designed to provide lighting on the site as well as for the alley located
to the south of the site.
4. The plans submitted for Building Division plan check shall note that a soffit
element will be installed on the north and east elevations of the
convenience store building.
5. Six 36-inch box trees shall be provided along the south property line as
shown on a revised landscape plan.
6. The doors of the convenience store shall remain locked between the
hours of 11:00 p.m. to 5:00 a.m., seven days a week. Sales of items from
the convenience store can still occur by use of the sales window.
Mitigation Measures
7. During construction, the contractor is required to comply with SCAQMD
Fugitive Dust Rule 403 to suppress dust generated by construction
operations.
EXHIBIT "A"
8. All materials excavated or graded will be sufficiently watered to prevent
• excessive amount of dust.
9. 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.
10. Streets surrounding the project site should be cleaned at the end of each
day of construction.
11. All materials transported off-site shall either be sufficiently watered or
securely covered to prevent excessive amounts of dust.
12. Equipment engines shall be maintained in good condition and in proper
tune according to manufacturer's specifications.
13. To the extent feasible, gasoline powered equipment shall be used for on-
site and off-site construction activities.
14. The approved site plan for the project shall show the location of all
monitoring wells on the project site. The site plan shall reflect that the
monitoring wells would be accessible for monitoring and maintenance
during the construction and operation of the project.
15. Prior to issuance of building permit, the project applicant shall coordinate
with the John Wayne Airport Land Use Commission.
16. Building plans for the proposed project shall identify Best Management
Practices that shall be employed during construction operations to
minimize water quality impacts.
17. Construction plans for the project shall reflect that construction operations
would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with
no construction permitted on Sundays or Federal Holidays.
18. Prior to issuance of building permits, the applicant shall submit evidence
to the Planning and Building Agency that appropriate school impact fees
have been paid.
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
EXHIBIT "A"
• 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. 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. 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 and be
designed to allow outgoing calls only.
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. "No LoiteringlTrespass" 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 capable of viewing and
recording events inside the premises 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.
EXHIBIT "A"
• (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 videotape is used, tapes cannot be taped over more than six
times.
(f) An audio recording component that will record sounds occurring at
the customer counter.
14. Clearly distinguishable height markers shall be installed on the inside
doorjamb 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 "A"
• Conditions for Approval for Variance No. 2005-04
Variance No. 2005-04 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. The project shall remain in compliance with Site Plan Review DP No. 04-
96.
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At this time, staff will determine if
administrative relief is available or the conditional use permit must be
S amended.
Mitigation Measures
3. During construction, the contractor is required to comply with SCAQMD
Fugitive Dust Rule 403 to suppress dust generated by construction
operations.
4. All materials excavated or graded will be sufficiently watered to prevent
excessive amount of dust.
5. 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.
6. Streets surrounding the project site should be cleaned at the end of each
day of construction.
7. All materials transported off-site shall either be sufficiently watered or
securely covered to prevent excessive amounts of dust.
8. Equipment engines shall be maintained in good condition and in proper
tune according to manufacturer's specifications.
EXHIBIT "B"
• 9. To the extent feasible, gasoline powered equipment shall be used for on-
site and off-site construction activities.
10. The approved site plan for the project shall show the location of all
monitoring wells on the project site. The site plan shall reflect that the
monitoring wells would be accessible for monitoring and maintenance
during the construction and operation of the project.
11. Prior to issuance of building permit, the project applicant shall coordinate
with the John Wayne Airport Land Use Commission.
12. Building plans for the proposed project shall identify Best Management
Practices that shall be employed during construction operations to
minimize water quality impacts.
13. Construction plans for the project shall reflect that construction operations
would be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday, with
no construction permitted on Sundays or Federal Holidays.
14. Prior to issuance of building permits, the applicant shall submit evidence
to the Planning and Building Agency that appropriate school impact fees
have been paid.
• 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. 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. 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.
EXHIBIT "B"
•
r:
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 and be designed
to allow outgoing calls only.
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. "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 capable of viewing and
recording events inside the premises 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 videotape is used, tapes cannot be taped over more than six
times.
(f) An audio recording component that will record sounds occurring at
the customer counter.
14. Clearly distinguishable height markers shall be installed on the inside
doorjamb of all doors used by the public to access the store. Horizontal
EXHIBIT "B"
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.
C
EXHIBIT "B"