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HomeMy WebLinkAboutRESO 2015-01_150112_2016W17thROH - 01 /12/15 RESOLUTION NO. 2015 -01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2014 -54 AS CONDITIONED TO ALLOW 24 -HOUR OPERATION AND VARIANCE NO. 2014 -09 AS CONDITIONED TO ALLOW A REDUCTION IN MINIMUM LOT SIZE REQUIREMENTS FOR THE PROPERTY LOCATED AT 2016 WEST SEVENTEENTH 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. 2014 -54 to allow 24 -hour operation and Variance No. 2014 -09 to allow a reduction in minimum lot size requirements for the property located at 2016 West Seventeenth Street. B. Santa Ana Municipal Code Section 41- 365.5(h) requires a conditional use permit for retail markets having less than 20,000 square feet of floor area that are open at any time between the hours of 12:00 midnight and 5:00 a.m. in the C1 district. Applicant is proposing a 24 -hour retail convenience store operation. C. Santa Ana Municipal Code Section 41 -373 requires each lot that is used for retail or service purposes in the C1 district to have at least 15,000 square feet of area. Applicant is requesting a variance from this code requirement because the existing site only contains a total area of 13,556 square feet. D. On January 12, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -54 and Variance No. 2014- 09. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -54 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? Resolution No. 2015 -01 Page 1 of 10 The proposed 24 -hour operation will provide a service or facility which will contribute to the general well -being of the neighborhood or community. Approving an after -hours conditional use permit at the site will provide an additional convenience to the community by allowing patrons the ability to purchase a variety of store items at hours that are convenient for a broad range of customers. The CUP will not negatively affect the surrounding community as conditions of approval have been included to reduce potential impacts and avoid the potential for an attractive nuisance being established. By offering extended hours of operation, the tenant can better serve the community by providing added convenience and a one -stop shopping experience. 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? The proposed 24 -hour operation will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Police Department has determined that the proposed market is located in an area that is below- average in police - related incidents and is located within Reporting District No. 244, which ranks 34th out of 102 citywide districts in total number of police - related incidents. The addition of after -hours operations at the site will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application would support Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions not based on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of 24 -hour operation for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow the property owner to remove an obsolete building and construct Resolution No. 2015 -01 Page 2 of 10 a modern structure that can remain competitive with similar uses in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed after hours conditional use permit will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code regarding establishments that operate on a 24 -hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to 24 -hour operations to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Retail establishments and 24 -hour operations are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this application is also consistent with Policies 5.1 and 5.5 of the Land Use Element of the General Plan, which encourage projects that are compatible with surrounding land uses. The project's proximity to multi - family residential properties to the east is mitigated by an existing six - foot -high block wall and the absence of parking at the rear of the store that would abut neighboring residential uses. F. The Planning Commission determines that the following findings, which must be established in order to grant this Variance pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Variance No. 2014 -09 to allow a reduction in minimum lot size requirements: 1. 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 provisions of this Chapter. The project site has a special circumstance related to its size and surroundings. The size of the subject parcel creates a special circumstance applicable to the property, as the Resolution No. 2015 -01 Page 3 of 10 applicant is unable to increase the size of the lot without purchasing an additional parcel of land. Streets on the north and west and a post office to the south surround the rectangular shaped property. Therefore, the only opportunity the applicant has to increase the size of the land is to purchase adjacent parcel of land to the east. This parcel of land is presently developed with a two - family residential use and is not for sale. Further, the site once complied with the minimum lot size requirement of 15,000 square feet but was impacted by the widening of Seventeenth and King Streets to construct the existing service station in 1959. 2. 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 is necessary for the preservation and enjoyment of substantial property rights. The granting of the variance will preserve the property owner's ability to utilize a commercially zoned corner lot to the greatest extent possible. The variance will allow the applicant the ability to construct and operate a retail store which is a permitted use on the site to allow for its continued use and enjoyment. 3. 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 will not be detrimental to the public or surrounding properties. The project fully complies with required building setback, parking and landscape standards for retail uses in the Community Commercial (Cl) zone and will not result in parking or negative impacts. Additionally, conditions have been placed on the permit to ensure that the site remain in compliance with all other development standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed retail use is consistent with Goals 1 and 4 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed convenience store that promote a balance of land uses to address basic community needs and which protect and enhance development sites which are unique community assets that enhance the quality of life. In addition, the land use designation of General Commercial (GC) allows for the proposed convenience store as a use permitted by right. Resolution No. 2015 -01 Page 4 of 10 G. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2014 -3 will be filed for this project. H. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -54 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Variance No. 2014 -09 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 12, 2015 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of January 2015 by the following vote: AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman Resolution No. 2015 -01 Page 5 of 10 APPROVED AS TO FORM: Sonia R.�arvajho, City Attorney • •••- CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -01 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 12, 2015. Date: �5 Akm ozm/� Planning Commission Secretary City of Santa Ana Resolution No. 2015 -01 Page 6 of 10 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2014 -54 Conditional Use Permit No. 2014 -54 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 California Building Standards 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, including all landscaping as shown on the site plan, must conform to the Site Plan review approval of DP No. 2014 -03. 2. All perimeter fencing adjacent to abutting uses to the east and south shall be a minimum of 6 feet in height and constructed of decorative block or other material as approved by the Planning Division. 3. The operator /owner shall remove any graffiti occurring on the premises within 24 hours. 4. The owner shall install and maintain bicycle parking as required by Section 41- 1307.1 of the Santa Ana Municipal Code. 5. Any signs will be subject to separate sign permit review and approval. B. Police Department 1. The applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 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. Resolution No. 2015 -01 Page 7 of 10 Conditional Use Permit No. 2014 -54 January 12, 2015 Page 2 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. A timed - 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. "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. Resolution No. 2015 -01 Page 8 of 10 Conditional Use Permit No. 2014 -54 January 12, 2015 Page 3 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 cannot be taped over more than six times. f. An audio recording component that will record sounds occurring at the customer counter. g. Cameras are to cover the southern and western parking lots. 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. Resolution No. 2015 -01 Page 9 of 10 EXHIBIT B Conditions for Approval of Variance No. 2014 -09 Should the Planning Commission approve Variance No. 2014 -09, the approval is 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 California Building Standards 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 improvements must conform to the Site Plan Review approval of DP No. 2014 -03 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The operator /owner shall remove any graffiti occurring on the premises within 24 hours. 4. The property owner shall install and maintain bicycle parking as required by Section 41- 1307.1 of the Santa Ana Municipal Code. Resolution No. 2015 -01 Page 10 of 10