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HomeMy WebLinkAboutRESO 2016-16_3960 S Main St A (7-Eleven ABC & After-Hrs)LS 4.11.16 RESOLUTION NO. 2016-16 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: 1. 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. 2016-16 Page 1 of 9 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 82"d 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. 2016-16 Page 2 of 9 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 use. 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. 2016-16 Page 3 of 9 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 not 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. 2016-16 Page 4 of 9 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 Plan. 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. 2016-16 Page 5 of 9 based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated April 11, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 11th day of April, 2016. AYES: Commissioners: Bauer, Gartner, McLoughlin, Mill, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete, Bacerra (2) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-16 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 11, 2016. Date: °l/ 11 /l (0 Qii - t4�J Acting Recording Secretary City of Santa Ana Resolution No. 2016-16 Page 6 of 9 EXHIBIT A 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 1. 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 1. 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. 2016-16 Page 7 of 9 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. 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 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. 2016-16 Page 8 of 9 h. 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 contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. Resolution No. 2016-16 Page 9 of 9