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Resolution-PC 2014-031RESOLUTION NO. PC2014 -031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05708, PUBLIC CONVENIENCE OR NECESSITY NO. 2013 -00101 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE AND VARIANCE NO. 2014 -04962 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00118) (1680 WEST BROADWAY) WHEREAS, on July 11, 1995, the City Council of the City of Anaheim (herein referred to as the "City Council ") adopted Resolution No. 95R -134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determinations be made by the local governing body pursuant to applicable provisions of the California Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (herein referred to as "ABC "); and WHEREAS, Section 23958 of the Business and Professions Code provides that ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition to approve Conditional Use Permit No. 2013 -05708 in conjunction with an application for (i) a determination of Public Convenience or Necessity No. 2013 -00101 to permit beer and wine sales with a Type 20 (off -sale beer and wine) ABC license for off - premises consumption, to expand an existing service station convenience market, construct a new drive - through car wash, and (ii) Variance No. 2014 -04962 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") (herein referred to collectively as the "Proposed Project ") for that certain real property located at 1680 Broadway in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to as the "Property "); and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 7, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for and against proposed Conditional Use Permit No. 2013 - 05708, Public Convenience or Necessity No. 2013 -00101 and Variance No. 2013 -04932 and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2014 -031 WHEREAS, the Property is located on a .48 -acre site developed with a service station, three automotive service bays and a convenience market, located in the C -G (General Commercial) zone. The site is designated for General Commercial land uses in the City of Anaheim General Plan; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the State CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA. The one example that is applicable to the Proposed Project is for the construction of "up to four commercial buildings [on a legal parcel] not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive." The Proposed Project fits within that example, and, therefore, pursuant to Section 15303 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to Conditional Use Permit No. 2013 -05708 does find and determine the following facts: 1. The request to allow beer and wine sales with a Type 20 (off -sale beer and wine) ABC license for off - premises consumption in a proposed service station convenience market and a self - service, drive- through car wash is properly one for which a conditional use permit is authorized under Section 18.08.030.010 (Alcoholic Beverage Sales and Off Sale, Automotive - Washing) of the Code. 2. The service station convenience market with off - premises consumption of beer and wine and a drive - through self - service car wash would not adversely affect the surrounding land uses and the growth and development of the area because the expansion of the convenience market with added sales of beer and wine for off premises consumption and the drive - through, self - service car wash is compatible with commercial uses and other uses within the area. 3. The size and shape of the Property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because the property is currently improved with a service station and small mini - market. 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. -2- PC2014 -031 WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (14 spaces required; 8 spaces proposed) 1. That the variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the Proposed Project than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. The applicant's submitted letter of justification indicated that eight parking spaces is susfficient for the on -site uses. The letter of justification states that the proposed number of parking spaces in conjunction with the Proposed Project is sufficient based upon the operational characteristics of the uses associated with the Proposed Project based upon the conclusions for parking demand submitted by the applicant and as verified by staff's observation of other similar facilities; and 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Proposed Project because the on -site parking will adequately accommodate the parking demands of the Proposed Project; and 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on -site parking will adequately accommodate the parking demands of the Proposed Project; and 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for the Proposed Por ect because the project site provides adequate ingress and egress points to the Property that are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Proposed Project because the project site has existing ingress and egress points that are designed to allow adequate on -site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Proposed Project. WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Public Convenience or Necessity No. 2013- 00101, does find and determine the following facts: -3 - PC2014 -031 1. California State law requires a determination of "public convenience or necessity" when property is located in a reporting district that has a crime rate above the average and has an over - concentration of licenses; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 2. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to public convenience or necessity determinations; and when the sale of alcoholic beverages for off - premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 3. The Property is located within Census Tract No. 871 with a population of 4,635 that allows for two off -sale ABC licenses and there is presently one license in the tract; and, five on -sale licenses and there is presently three such licensees in the tract. The Anaheim Police Department evaluates these requests based on the crime rates within the police reporting district by utilizing a one quarter mile radius for the subject Property. The subject Property has a 268 percent above average crime rate within a one quarter mile radius and is located within Reporting District 1722, which has crime rate of 33 percent above the average. There have been ten calls for service to this location in the last year. 4. A Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that the granting of the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcoholic beverages is ancillary to the products sold at the convenience store and would serve as an added convenience to those who choose to shop at this establishment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013 -05708 and Variance No. 2014 -04962 and determines that the public convenience or necessity will be served by the issuance of a license for the sale of beer and wine at the Property for off - premises consumption, all of which entitlements are hereby approved contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -4- PC2014 -031 BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2013 - 05708, Variance No. 2014 -04962 and Public Convenience or Necessity No. 2013 -00101 are approved without limitations on the duration of the use. Amendments, modifications and revocations of these permits may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 7, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. — 91B CHAIR, ANAHEIM CITY PLA ING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2014 -031 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 7, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 7 th day of April, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2014 -031 EXHIBIT "A" DEV NO. 2013 -00118 APN: 250- 051 -01 W BROADWAY A � W � J V 147' W t!? W TEDMAR AVE w . Source: Recorded Tract Maps and /or City GIS. Feet Please note the accuracy is +/- two to five feet. -7- PC2014 -031 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05708, PUBLIC CONVENIENCE OR NECESSITY NO. 2013-00101 AND VARIANCE NO. 2014-04962 (DEV2013- 00118) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL CONDITIONS 1 Prior to issuance of a Building Permit, the location of the Public Works, trash enclosure shall be approved by the Public Works Streets and streets and Sanitation Division. Should the trash Sanitation enclosure remain in the current proposed location an alternative truck will need to be utilized for trash pick -up at the expense of the business owner. 2 Prior to issuance of a Building Final, vines shall be Planning planted on the south facing building elevation wall of the Department car wash tunnel in order to deter graffiti opportunity. An approved artificial vine substitute may be considered as an alternative to vines. 3 Prior to issuance of a Building Pemit the site plan shall Public Works, show signs and striping necessary to convert the existing Traffic and southerly driveway to exit only. "Do Not Enter" and Transportation "Wrong Way" signs, consistent with the California Division MUTCD sign R5 -1 and R5 -la, shall be installed adjacent to the driveway. The words "Do Not Enter" shall also be painted on the drive aisle immediately adjacent to the driveway facing Euclid Street. Improvements shall be completed prior to final building and zoning inspections. 4 Prior to issuance of a Building Pemit the site plan shall Public Works, show one -way signage and striping added to drive aisles Traffic and less than 20 feet in width ensure that drivers are aware of Transportation the appropriate direction to drive on these aisles. Division Improvements shall be completed prior to final building and zoning inspections. 5 Prior to issuance of a Building Final for the convenience market, the petitioner shall post and maintain a Police professional quality sign facing the premises parking Department lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST -8- PC2014 -031 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. 6 Prior to issuance of a Building Final for the convenience market, the parking lot of the premises shall be equipped Police with lighting of sufficient power to illuminate and make Department easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 7 Any graffiti painted or marked upon the premises or on Planning any adjacent area under the control of the property Department, owner shall be removed or painted over within 24 hours Code of being applied. Enforcement 8 No required parking area shall be fenced or otherwise Code enclosed for outdoor storage. Enforcement 9 No display of alcoholic beverages shall be located outside of a building or within five feet of any public Police entrance to the building. Department 10 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior Police from within, promoting or indicating the availability of Department alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 11 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 12 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 13 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are Police prohibited on or around these premises. Department 14 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall Police be removed or painted over within 24 hours of being Department applied. 15 The petitioner shall police the area under their control in an effort to prevent the loitering of persons around the Police premises. Department -9- PC2014 -031 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 16 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at Police any time. Department 17 Loitering is prohibited on or around these premises or this area under the control of the licensee(s). Police Department 18 The Applicant shall defend, indemnify, and hold Planning harmless the City and its officials, officers, employees Department and agents (collectively referred to individually and collectively as "Indemnities ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 19 The applicant is responsible for paying all charges related Planning to the processing of this discretionary case application Department within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 20 The premises shall be developed substantially in Planning accordance with the plans and specifications submitted Department to and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department. -10- PC2014 -031