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HomeMy WebLinkAbout31C - CUP - 3960 S MAIN ST+Offf NRO CITY COUNCIL MEETING DATE: MAY 3, 2016 TITLE; CONDITIONAL USE PERMIT NO. 2016-10 AND CONDITIONAL USE PERMIT NO. 2016- 11 TO ALLOW THE AFTER-HOURS OPERATION OF 7 -ELEVEN MARKET FOR 24- HOUR OPERATION AND AN OFF -SALE ALCOHOLIC BEVERAGE CONTROL LICENSE AT 3960 SOUTH MAIN STREET, UNiT A - DANIELLE FOLEY, APPLICANT {STRATEGIC PLAN NO. 3, 2) CiTY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F.T0000ERD D As Recommended 0 As Amended 0 Ordinance on 1°f Reading Ordinance on 2"d Reading Implementing Resolution ❑❑❑ Sat Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016-10 as conditioned and Conditional Use Permit No. 2016-11. PLANNING COMMISSION ACTION At its regular meeting on April 11, 20160 by a vete of 5:0 (Alderete and Bacerra absent), the Planning Commission adopted a resolution approving Conditional Use Permit No, 2016-10 as conditioned to allow after-hours operation and Conditional Use Permit No, 2018-11 to allow an off -premise Alcoholic Beverage Control (ABC) license for 7 -Eleven market at 3960 South Main Street, Unit A located In the Arterial Commercial (C-5) zoning district, The Planning Commission made no changes to the recommendation outlined In the attached staff report (Exhibit A), Danielle Foley, representing 7 -Eleven, is requesting approval of a conditional use permit to operate a retail market that occupies a 31014 -square -foot tenant space on a 24-hour basis and a conditional use permit to establish an off -sale ABC license. 7 -Eleven is proposing to acquire an existing retail market with a Type 21 ABC license that occupies Unit 0 of the retail shopping center, rebrand it as a 7 -Eleven, relocate It to Unit within the some center, and to operate on a 24-hour basis. Alcohol storage and display areas will be located in the beverage cooler area and on an aisle -cap display, with distilled spirits displayed and stored behind the service counter, The total alcoholic beverage storage and display area will be approximately 150 square feet, which is approximately five percent of the gross floor area of the tenant space. Full-sized site plans are available for public viewing in the Clerk of the Council Office. 31 C-1 CIDP Nos. 2016-10 & 2016-11 — 7 -Eleven ABC License & After -Hours at 3960 South Main Street, Unit A May 3, 2016 Page 2 Approval of this item supports the City's efforts to most Goal #3 - ObJective #2 (create now opportunities for buslness/Job growth developmentthrough now General Pian and Zoning Ordinance policies), EISCAL IMPA�i T There is no fiscal impact associated with this action. ascan Haghanl, AIG Executive Director Planning & Building Agency RS:rb RO:Rep0rt%\CUP 2010.10=10.1 MOOD South MRIs ®t—CUP 2018.10 6 CUP 2010 11,W 31 C-2 Economic Development, and encourage private REQUEST O. Planning Commission Action APRIL 11, 2016 TITLE: PUBLIC HEARING - FILED BY DANIELLE FOLEY FOR CONDITIONAL USE PERMIT NO. 2016-10 AND CONDITIONAL USE PERMIT NO. 2016-11 TO ALLOW THE AFTER-HOURS OPERATION OF 7 -ELEVEN MARKET AND AN OFF -SALE ALCOHOLIC BEVERAGE CONTROL LICENSE AT' 3960 SOUTH MAIN STREET, UNIT A {STRATEGIC PLAN NO. 3, 21 Prepared by .Ricardo Soto __ APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO / ,Z Executive Director cE" Planning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2016-10 as conditioned to allow after- hours operation. 2. Adopt a resolution approving Conditional Use Permit No. 2016-11 to allow an off -premise Alcoholic Beverage Control license. Danielle Foley, representing 7 -Eleven, is requesting approval of a conditional use permit to allow for the 24-hour operation of a retail market and a conditional use permit for an off -sale Alcoholic Beverage Control (ABC) license at a new 7 -Eleven market proposed at 3960 South Main Street, Unit A. Retail markets having less than 20,000 square feet of floor area which are open any time between the hours of 12:00 midnight and 5:00 a.m. and that sell alcoholic beverages for off-site consumption require the issuance of a conditional use permit (CUP) per Santa Ana Municipal Code (SAMC) Section 41-365.5 (h) and Section 41-196. Project Location and Site Description 7 -Eleven is proposing to occupy a commercial tenant space within an existing retail shopping center located on the northwest corner of the intersection of Main Street and Sunflower Avenue. The project site is approximately 20,811 square feet in size and is improved with a 5,244 square foot commercial building, surface parking lot, landscaping, and trash enclosure. The General Plan land use designation for the site is General Commercial (GC), which allows for neighborhood serving facilities and services, such as retail shopping centers. The site is located within the Arterial Commercial (C5) zoning district. The Arterial Commercial zoning district allows for retail uses, such as the proposed 7 -Eleven market. Land uses surrounding the site include single-family residential to the north and west, industrial and office uses to the east, and agricultural uses to the south, in the City of Costa Mesa (Exhibits 1, 2 and 3). EXHIBIT A 31 C-3 CUP Nos. 2016-10 and 2016-11 April 11, 2016 Page 2 Protect Description Danielle Foley, representing 7 -Eleven, is requesting approval of a conditional use permit to operate a retail market that occupies a 3,014 -square -foot tenant space on a 24-hour basis and a conditional use permit to establish an off -sale ABC license at a retail market located at 3960 South Main Street, Unit A. Alcohol storage and display areas will be located in the beverage cooler area and on an aisle -cap display, with distilled spirits displayed and stored behind the service counter. The total alcoholic beverage storage and display area will be approximately 150 square feet, which is approximately five percent of the gross floor area of the tenant space (Exhibits 4 and 5). Project Background 7 -Eleven is a retail operator based in Dallas that has been in operation for nearly 90 years. 7 - Eleven operates, franchises, and licenses retail stores in 18 countries, with approximately 8,600 stores located in the United States and Canada. 7 -Eleven is proposing to acquire an existing retail market with a Type 21 ABC license that occupies Unit D of the retail shopping center, rebrand it as a 7 -Eleven, and relocate it to Unit A within the same center. The business operator is proposing to relocate to Unit A to maximize the store's visibility along Main Street. No changes to the exterior of the building or to the site are being proposed as part of this project. Project Analysis Conditional use permit requests are governed by Section 41-638 of the SAMC. Conditional use permit request may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. Staff has reviewed the applicant's request to operate a retail market on a 24-hour basis and to establish an off -sale ABC license at this location. In analyzing the request, staff believes that the following findings of fact warrant approval of the respective conditional use permits. Conditional Use Permit No, 2016-10 — After Hours Operation: The SAMC provides for the regulation of retail markets having less than 20,000 square feet of floor area which operate between the hours of 12:00 midnight and 5:00 a.m. subject to a conditional use permit in the Arterial Commercial (C5) zoning district. The purpose of regulating after-hours operation of small retail markets is to preserve the neighborhood characteristics and to minimize impacts to surrounding areas, and to ensure the site does not become an attractive nuisance. 31 C-4 CUP Nos. 2016-10 and 2016-11 April 11, 2016 Page 3 The proposed 24-hour operation will provide an additional service and convenience to the community by allowing patrons the ability to purchase a variety of store items at hours that are convenient to a broad range of customers. The proposed 24-hour operation will not be detrimental to the health, safety, and welfare of the community. The proposed use will be in a reporting grid that is below-average in reported police related incidents. Further, the after-hours use will not be detrimental to the persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. The approval of the 24-hour operation for a retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the uses within the shopping center. The proposed after-hours use 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 the use does not impact neighboring properties or create an attractive nuisance. Lastly, the proposed after-hours operation 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 will also be consistent with several goals and polices of the General Plan, including Goals 2 and 5 of the Land Use Element, which promote land uses that enhance the City's economic and fiscal viability and mitigate any potential impacts. Conditional Use Permit No. 2016-11 — Off -premise ABC License: The SAMC also regulates establishments that sell alcoholic beverages. for on-site or off-site consumption. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, to limit the number of establishments to avoid over concentration of establishments that sell alcoholic beverages, and to minimize impacts to surrounding areas. 7 -Eleven is requesting a conditional use permit for a Type 21 off -sale Alcoholic Beverage Control (ABC) license. The proposed off -sale ABC license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries and other general merchandise found in the store. The proposed use will not be detrimental to the health, safety, and welfare of the community. 7 -Eleven is an established retail chain with policies, procedures, and employee training programs focused on preventing the sale of alcoholic beverages to minors. Moreover, 7 -Eleven will be acquiring a license that is already established in the retail shopping center, which has no history of disciplinary action, and relocating to a different unit within the same center. The proposed project will enhance the economic viability of the area and enable this small, neighborhood -serving retail center to continue to compete with nearby shopping centers in Santa Ana, as well as those in Costa Mesa. The proposed use will be in compliance with all other regulations, including alcohol storage and display area and separation criteria set forth in Section 41-196(c) and 41-196(d) of the SAMC, Further, the site will be in compliance with all operational standards set forth in Section 41-196(f) of the SAMC, which govern 31 C-5 CUP Nos. 2016-10 and 2016-11 April 11, 2016 Page 4 the off -premise sale of alcoholic beverages (Exhibit 6). Finally, the proposed ABC license will be consistent with several goals and policies of the General Plan, including Goals 2 and 5 of the Land Use Element, which encourages [and uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses. 7 Eleven is proposing to locate within an existing commercial shopping center, with its operations and proposed ABC license compatible with the surrounding uses. Police Department Analysis The Police Department reviews conditional use permit applications for the after-hours operations of retail markets and for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with such uses are mitigated to the greatest extent possible. For after-hours operations and for off -sale licenses, the Police Department analyzes the crime rate in the area by matching the location of the business' census tract to the corresponding Police Grid. The City of Santa Ana is broken up into 102 police reporting grids. The Police Department generates an annual report, the Citywide Incident Rankings report, which ranks these reporting grids based on police activity. Those grids in the top 20 percent of activity are considered high crime and are further scrutinized for issues of over concentration. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 3960 South Main Street, Unit A, is located in Reporting District No. 171, Reporting District No. 171 ranks 82"d out of 102 reporting districts in the number of police related calls for service. This reporting district is below the average for criminal activity threshold established by the State for high crime. The Police Department contends that the conditions of approval and operational standards applicable to after-hours operations and to off -sale ABC licenses will mitigate any potential negative impacts to the surrounding community. The Police Department also reviews the number of ABC licenses within the census tract in which the site is located for potential over -concentration issues. A review of the local census tract has determined that this site is located in Census Tract 740.04. The ABC Department has determined that nine on -sale and four off -sale licenses are permitted within this census tract to service the local community. Currently, there are two on -sale licenses and four off -sale licenses active in the census tract, including the license that 7 -Eleven has acquired, which means the census tract is not over concentrated with ABC licenses. 31 C-6 CUP Nos. 2016-10 and 2016-11 April 11, 2016 Page 5 Public Notification The project site is located along the southern boundary of the City with Costa Mesa and is located within the Sandpointe Neighborhood Association. Staff notified the City of Costa Mesa, who identified no concerns with the project. Staff had a meeting with the Sandpoint Neighborhood Association representative on February 11, 2016, who expressed support of the project. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the 24-hour operation of a retail market and the off -premise sale of alcoholic beverages from an existing structure. No expansion of square footage or modification to the exterior of the building is proposed as part of this project. Strateaic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 - Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016-10 as conditioned and Conditional Use Permit No. 2016- 11. d Ricardo Soto Assistant Planner I RS:jrn US'.Reports=P 2016.'1082016-1113960 South Main Sl—CUP 2016-10 & OUP 2016-11 pc 31 C-7 CUP Nos. 2016-10 and 2016-11 April 11, 2016 Page 6 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for Off -Sale Establishments 31 C-8 I � - NI RI fl1 R7 . pl e L4 SD -43 5D-43 i�mren. LS no-rxo alrrca ` n roP g x CS PL— AM Dd6 s� NI i.. a NI... ✓t1.PPNIC G y K PPO NU RI G4 SD -76 � PND vPPMjL I .... e xtPNC M1Il`Ylil)i�V Ot Ri I flt dna 50-76 — PI G RI P �....—... P � 2 SUNFLoweR Ave. PROJECTSITE c7 h e � Al (E WALAG CUL MW CR =IAAESIALfi90WDAL M SNGEFAMILYF DWAL -0 FAWNGM001FICATON G'. MVRdMENTCeViCfi w MDFAMILYRMDENGE God C6MM5T5ALSYMMAIN MI UGR3NDUSUAL W MULflFLEDENSNMULTRE Ct GGAMUNfNCQNM6d'a M2 HFAWINDLkRAL FAMILYFESCENCE CI -MD 02MM. COMMMAUMUSW DISRMF MU NAUTAWOFEPARMS FN BIFAIR3gNAFARp MTS Ca G3 E144C<MAMBUAL D OPM&ACE F£ FHMMI-MME C3 CFNTPALEU9IPAM p HWO E LWAL 9 WEVACDEV9.0FM[ T CA aNd LE419NSMRGTMUACE FGD RANNMD MUNITYDLAWMW 9' WMHCRAN G RANNMSICFRNGWEH F1m pAN FDM9DFNPALDEaOFMENT C6 APIFNALCCMdMMAL CUP 2016-10 & CUP 2016-11 + 7 -ELEVEN RETAIL MARKET 3960 SOUTH MAIN STREET, UNIT A — __ =500 FEET V = 1000 FEET P L A.... N N I N G A_ND_. B U I L D I N G— A G E N C ---Y EXHIBIT YEXHIBIT 1 VICINITY MAP 31 C-9 CUP 2016-10 & CUP 2016-11 7 -ELEVEN RETAIL MARKET 3960 SOUTH MAIN STREET, UNIT P _LA_ N N I N GA N _D-_ B U I LD I N G —A G E N C _Y EXISTING LAND USE MAP EXHIBIT 2 31 C-10 MANUFACTURING & OFFICE STEVENS AVENUE 5 � 4 d MANUFACTU' ING & � F OFFICE \(3v rkd � COMMERCIAL SUNFLOWER AVENUE a r r CITY OF COSTA MESA EDISON _ STATION iSUB CUP 2016-10 & CUP 2016-11 7 -ELEVEN RETAIL MARKET 3960 SOUTH MAIN STREET, UNIT P _LA_ N N I N GA N _D-_ B U I LD I N G —A G E N C _Y EXISTING LAND USE MAP EXHIBIT 2 31 C-10 CUP 2016-10 & CUP 2016-11 7 -ELEVEN RETAIL MARKET 3960 SOUTH MAIN STREET, UNIT SITE PHOTO EXHIBIT 3 31 C-11 To EXHIBIT 5 31 C-13 > U o � Sjq ' l _ i `fit • r - i I 'I x i o^ c aIj a EXHIBIT 5 31 C-13 Sec. 41-196. Establishments selling alcoholic beverages. Operational standards for off -sale establishments. The following operational standards shall be included as informational conditions in the conditions of approval for the conditional use permit required pursuant to Section 41-196 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises, 4. There shall be no coin-operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty-four (24) hours of being applied. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") section 602, on the exterior of the premises. 8. It shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. 10. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age/checking identification of patrons; calling the police regarding observed or reported criminal activity. EXHIBIT 6 1 of 3 31C-14 11. If there is a marked or noticeable increase in the number of police -related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state -licensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre-packaged multi -unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12;00/midnight each day of the week unless otherwise modified by the granting of an after-hours conditional use permit. 15. Existing building and required parking must conform to the provisions of Chaffer 8, Article 11, Division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require that the existing project fighting, door/window locking devices and addressing be upgraded to current code standards. lighting standards cannot be located in required landscape planters. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed -access cash controller or drop safe must be installed. 20. A silent armed robbery alarm must be installed and operable at all times. 21. 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 (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 2of3 31 C-15 22. No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. 23. Provide a closed circuit television system approved by the police department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) 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 (1) 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 sixty (60) days. e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An internet protocol (IP) -based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC section 33.210. 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. 3 of 3 31 C-16 LS 4.11.16 RESOLUTION NO. 2016-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NOS. 2016-10 AND 2016-11 AS CONDITIONED TO ALLOW 24-HOUR OPERATION AND AN OFF -PREMISE ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE PROPERTY LOCATED AT 3960 SOUTH MAIN STREET, UNIT A 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. 2016-10 to allow 24-hour operation and Conditional Use Permit No, 2016-11 to allow an off -premise Alcoholic Beverage Control license at the property located at 3960 South Main Street, Unit A. B. Santa Ana Municipal Code Section 41-365.5(h) requires approval of 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 C5 zoning district, Applicant is proposing a 24-hour retail convenience store operation. C. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on-site or off-site consumption. D. On April 11, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-10 and Conditional Use Permit No, 2016-11. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2016-10 to allow for after-hours operation: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. Resolution No. 2016-xx Page 1 of 9 31 C-17 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 proposed use 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. That the proposed use will not, 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. 171, which ranks 82nd 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. That the proposed use will not 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 consideration 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. Resolution No, 2016-xx Page 2 of 0 31 C-18 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will be in compliance with all applicable standards in 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 operation to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed UM 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 impact 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 Polices 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 residential properties to the north and west is mitigated by an existing six -foot -high block wall. F. The Planning Commission of the City of Santa Ana 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. 2016-11 to allow for off -premise Alcoholic Beverage Control license: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. The proposed off -sale Alcoholic Beverage Control (ABC) license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a Resolution No, 2016-xx Page 3 of 9 31 C-19 variety of general merchandise that is available to the general public. The ABC license will not negatively affect the surrounding community as standards are applicable to the license that will reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding alcoholic beverages to other items offered at the store, 7 -Eleven can better serve the community by providing added convenience and a one stop shopping experience. 2. That the proposed use will not, 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 ABC license will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity as operational standards will ensure that the use will riot create any negative or adverse impacts. 7 -Eleven is an established retail chain with policies, procedures, and employee training programs focused on security, alcohol responsibility, and preventing the sale of alcoholic beverages to minors, which ensure that alcohol sales are handled in a responsible manner. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed ABC license will not adversely affect the present economic stability or future economic development of properties surrounding the area. Conversely, the approval of this application would enhance the present and future economic stability of the property by further diversifying the products and services offered within the store and in the shopping center in general. Further, this will allow the shopping center to remain competitive with similar uses in the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding off - premise alcohol licenses. Operations standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the Resolution No. 2016-xx Page 4 of g 31 C-20 use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed use will not adversely affect the General Pian. Retail establishments that offer alcoholic beverages for off - premise consumption 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 impact crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. Further, the project is consistent with Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for goods and services, The granting of this application is also consistent with Police 5.5 of the Land Use Element of the General Plan, which encourage projects that are compatible with surrounding land uses. The use will be located within a neighborhood serving commercial center and its operations will be compatible with the surrounding commercial businesses. 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. General Rule Exemption Environmental Review No. 2015-113 will be filed for this project. Section 2. 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 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-10 as conditioned in Exhibit A, attached hereto and incorporated herein, and Conditional Use Permit No. 2016-11, for the project located at 3960 South Main Street, Unit A. This decision is Resolution No.2d16-xx Page 5 of 9 31 C-21 based upon the evidence submitted at the abovesaid limited to: the Request for Planning Commission exhibits attached thereto; and, the public testimony incorporated herein by this reference. ADOPTED this 11 m day of April, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS. Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney hearing, which includes, but is not Action dated April 11, 2016, and , written and oral, all of which are James Gartner Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 11, 2016. Acting Recording Secretary City of Santa Ana Resolution No. 2016-xx Page 6 of 9 31 C-22 e Conditions of Approval for Conditional Use Permit No. 2016-10 Conditional Use Permit No. 2016-10 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 belowrip or to exercising the rights conferred by this approval. 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 The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2015-59). 2. The applicant shall install and maintain bicycle parking as required by Section 41-1307.1 of the Santa Ana Municipal Code. 3. Any signs will be subject to separate sign permit review and approval. B. Police Department The applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with 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. 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. Resolution No, 20'16-xx Page 7 of 9 31 C-23 6. A timed -access cash controller or 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. & 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 applicant 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. 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 parking lots. Resolution No, 2016-xx Page 8 of 9 31 C-24 h. 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 contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. Resolution No.201H-xx Page 9 of 9 31 C-25 31 C-26