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HomeMy WebLinkAbout2001-43• RESOLUTION NO. 01- 43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2001-27 TO ALLOW THE CONSTRUCTION OF A GASOLINE SERVICE STATION AND A CONVENIENCE STORE OPERATING BETWEEN THE HOURS OF MIDNIGHT AND 5:00 A.M. LOCATED AT 702 SOUTH HARBOR BOULEVARD BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission does hereby find, determine and declare as follows: A. Conditional Use Permit No. 2001-27 has been filed with the City of Santa Ana seeking to allow construction of a gasoline service station and convenience store operating between the hours of midnight and 5:00 a.m. located at 702 South Harbor Boulevard in the City of Santa Ana, as a conditional use. • B. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. C. The Planning Commission held a duly noticed public hearing on September 24, 2001, for Conditional Use Permit No. 2001-27. D. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 00-208 has been prepared for the Project. 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 for Environmental Review No. 00-208 prepared with respect to this Project. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Mitigated Negative Declaration adequately addresses the expected environmental impacts of this Project and reflects the Planning Commission's independent judgment and analysis. 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 approves and adopts the 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. • RESOLUTION N0.01-43 Page 2 • 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 3. The Planning Commission approves Conditional Use Permit No. 2001-27 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 4. The Planning Commission makes and adopts the written findings of fact attached hereto as Exhibit "B" and incorporated herein, in rendering its decision to approve Conditional Use Permit No. 2001-27. ADOPTED this 24th day of September , 2001 by the following vote: AYES: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, Richardson (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Verino (1) • ABSTENTIONS: Commissioners: None (0) ATTEST: ura J on Secr ry to the Planning Commission APPROVED AS TO FORM: ristopher G. Norman Assistant City Attorney RESOLUTION NO. 01- 43 Page 3 • EXHIBIT "A" CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2001-27 Conditional Use Permit No. 2001-27 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 riot to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with atl 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. 00- 84. 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. Mitigation Measures 3. All materials excavated or graded will be sufficiently watered to prevent excessive amount of dust. Watering with complete coverage shall occur at lest twice daily, once in the late morning and once after work is done for the day. 4. 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. 5. Streets surrounding the project site should be cleaned at the end of each day of construction. 6. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 7. The amount of area disturbed by clearing and earthwork activities shall • be minimized at all times. RESOLUTION NO. 01- 43 Page 4 • 8. To the extent feasible equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 9. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. 10. Prior to issuance of building permit, the applicant shall submit for review and approval a surface drainage/grading/erosion control plan prepared by a registered Civil Engineer, showing the direction and means of flow to the adjacent street. The plan is to include existing and proposed elevations at and adjacent to al! property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 11. Prior to issuance of a grading permit the applicant shall prepare an NPDES post-construction storm water management plan per Orange County Drainage Area Management Plan (DAMP) that includes all structural and non-structural Best management Practices. a. Submit and have approved a surface drainage/utility plan that includes all Structural Best Management Practices. b. Provide two copies of the Water Quality Management plan that includes a description off all applicable Structural and Non- structural Best Management Practices, which may apply to this • project. 12. The fuel dispensing area for this project shall be paved with concrete and shall extend 6 '/2' from the corner of each fuel dispenser in any direction. 13. The fuel dispensing area shall be .provided with a canopy structure extending over the concrete paved fuel dispensing area. 14. The Fuel dispensing area shall be graded and constructed so as to drain to an underground clarifier, sump or tank with ashut-off valve to prevent discharge of spilled chemicals and contaminants into storm drain system. 15. The trash enclosure area shall be either fully roofed or to drain into a water quality inlet to prevent discharge of petroleum compounds and grease into the storm drain system. 16. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 17. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. • RESOLUTION NO. 01- 43 Page 5 18. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25% of window coverage. 19. 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. 20. Atimed-access cash controller must be installed. 21. Install a silent armed robbery alarm. 22. There shall be no coin-operated games maintained on the premises at any time. 23. All pay telephones shall be located inside the premises. 24. The petitioner(s) shall be responsible for maintaining the premises free of litter. 25. 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. • 26. "No Loitering/Trespass" signs/placards in both English and Spanish shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. • RESOLUTION NO. 01- 43 Page 6 • EXHIBIT "B" FINDINGS OF FACT FOR CONDITIONAL USE PERMIT NO. 2001-27 A. 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 gasoline service station and food mart will provide a service to the community by providing gasoline and food service to adjacent community. Business hours between 12:00 midnight and 5:00 a.m. allow the community to purchase items generally unavailable during these hours from other retail establishments. B. 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 service station and mini mart will provide additional service to the service station patrons and the adjacent business community. The conditions of approval proposed require the market to maintain a safe environment as well as aesthetics of the site. • C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The gasoline service station and mini mart will generate City tax revenue and employment in the community, During the hours proposed, the use provides services that compliment surrounding businesses and as conditioned will not adversely affect economic development or stability of the area. D. 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 use will be in compliance with the applicable sections of Chapter 41 of the Municipal Code with an approved conditional use permit for the operation of a business between the hours of 12:00 midnight and 5:00 a.m. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed gasoline service station and mini mart is in a area designated General Commercial (GC) in the General Plan. The use is consistent with the General plan and the North Harbor Specific Plan • (SP2) zoning district that allows retail and service uses.