Resolution-PC 2014-110RESOLUTION NO. PC2014 -110
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05746 AND
VARIANCE NO. 2014 -04978 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00071)
(3125 EAST ORANGETHORPE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition for (i) Conditional Use Permit No. 2014 -05746 to
permit a convenience market with sales of beer and wine for off - premises consumption and a fast
food restaurant in conjunction with an existing service station, and (ii) Variance No. 2014 -04978
to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") for
that certain real property located at 3125 East Orangethorpe Avenue, 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 (the "Property "). Conditional Use Permit
No. 2014 -05746 is proposed in conjunction with a request that the Planning Commission
determine that the public convenience or necessity will be served by the issuance by the
California Department of Alcoholic Beverage Control ( "ABC ") of a Type 20 (Off -Sale Beer and
Wine) license (herein referred to as "Public Convenience or Necessity No. 2014 - 00110 ") to
permit the sale of beer and wine for consumption off the licensed premises (herein referred to
collectively as the "Proposed Project "); and
WHEREAS, the Property, consisting of approximately 0.54 acres, is currently developed
with a service station with automotive repair. The Property is located in the "C -G" Commercial
General Zone. The Anaheim General Plan designates this Property for Low Density Residential
land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 15, 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
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; 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 (i.e.,
Class 1 — Existing Facilities) which consist of the repair, maintenance, and /or minor alteration of
existing public or private structures or facilities, involving negligible or no expansion of use
beyond that existing at the time of this determination, and that, therefore, pursuant to Section
15301 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 with respect to the request for Conditional Use Permit No. 2014 - 05746, does find
and determine the following facts:
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I . The Proposed Project is properly one for which a conditional use permit is
authorized under subsection .040 of Section 18.08.030 of the Code.
2. The Proposed Project will not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located because the service
station is existing and only a minor expansion is proposed. The project has been designed to
minimize impacts to surrounding uses, including siting the trash enclosure away from residences
and providing a new landscape buffer along the property lines adjacent to residential properties;
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Property is currently developed with a service station
with only a minimal expansion; and
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. The service station is existing and the majority of customers visiting the convenience
market and restaurant would be current service station customers; and
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.
WHEREAS, the Planning Commission does further find and determine that the request
for a variance to allow fewer parking spaces than required by the Code in conjunction with the
service station with convenience market and restaurant should be approved for the following
reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(15 spaces required; 14 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off -
street parking spaces to be provided for the proposed use 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. A parking justification letter was prepared by
the applicant, determining that the number of parking spaces proposed will be sufficient to
accommodate the uses on the site. Approximately 80% of customers are expected to order food
or visit the convenience market while their vehicle is being fueled at the pump, thereby providing
eight additional spaces for vehicles in addition to the 14 parking spaces proposed;
2. That the variance, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use because the proposed parking will adequately accommodate the peak parking
demands of the Proposed Project;
3. That the variance, under the conditions imposed, if any, 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 for the Proposed Project will adequately
accommodate peak parking demands for the uses on the site;
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4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off - street parking areas or lots provided for the proposed uses because the
service station is existing and the project site provides adequate ingress and egress points to the
property and are designed to allow for adequate on -site circulation; and
5. That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access 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 determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2014 -05746 and Variance No. 2014 - 04978, contingent
upon and subject to the conditions of approval set forth 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.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 15, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLA G COMMISSION
Q E CITY OF kNAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 15, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of December,
2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT " A t'
DEV NO. 2014 -00071
0 0 50 Source: Recorded Tract Maps and /or Citv GIS-
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05746 AND VARIANCE NO. 2014-04978
(DEV2014- 00071)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMIT
1
The legal property owner shall execute and record a covenant in a form
Public Works,
satisfactory to the City Engineer and City Attorney to relocate at the
Development Services
property owner's sole expense the freestanding monument sign located
within the ultimate right -of -way easement of Orangethorpe Avenue (60
feet from street centerline and corner cut -back) and existing right -of -way
of Kraemer Boulevard (53 feet from street centerline). The relocation
shall be in accordance with plans and specifications submitted to the City
of Anaheim by the applicant, which plans are on file with the Planning
Department.
2
The property owner shall irrevocably offer to dedicate to the City of
Public Works,
Anaheim by deed in a form satisfactory to the City Engineer an easement
Development Services
of 60 feet in width from the centerline of Orangethorpe Avenue and a
corner cut -off dedication at Orangethorpe Avenue and Kraemer
Boulevard for road, public utilities, and other public purposes.
3
The plans and specifications shall demonstrate the relocated propane tank
Planning Department,
to be installed in a horizontal orientation and screened from
Planning Services
Orangethorpe Avenue by shrubs.
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ON DURING PROJECT OPERATIONS
4
Managers /Owners shall call the Department of Alcoholic Beverage
Police Department
Control and obtain LEAD (Licensee Education on Alcohol and Drugs
Program) Training for themselves and register employees. The contact
number is 714 -558 -4101.
5
No display of alcoholic beverages shall be located outside of a building
Police Department
or within five (5) feet of any public entrance to the building.
6
There shall be no exterior advertising or sign of any kind or type,
Police Department
including advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages. Interior displays of
alcoholic beverages or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
7
The area of alcoholic beverage displays shall not exceed 25% of the total
Police Department
display area in a building.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
8
Sale of alcoholic beverages shall be made to customers only when the
Police Department
customer is in the building.
9
The possession of alcoholic beverages in open containers and the
Police Department
consumption of alcoholic beverages are prohibited on or around these
premises.
10
Petitioner(s) shall police the area under their control in an effort to
Police Department
prevent the loitering of persons around the premises.
11
There shall be no amusement machines, video game devices, or pool
Police Department
tables maintained upon the premises at any time.
12
Loitering is prohibited on or around these premises or this area under the
Police Department
control of the licensee(s).
13
The parking lot of the premises shall be equipped with lighting of
Police Department
sufficient power to illuminate and make 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.
14
Any Graffiti painted or marked upon the premises or on any adjacent
Planning Department,
area under the control of the licensee shall be removed or painted over
Code Enforcement
within 24 hours of being applied.
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GENERAL
15
The subject Property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
applicant and which plans are on file with the Planning Department, and
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as conditioned herein.
16
Conditions of approval related to each of the timing milestones above
Planning Department,
shall be prominently displayed on plans submitted for permits. For
Planning Services
example, conditions of approval that are required to be complied with
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prior to the issuance of building permits shall be provided on plans
submitted for building plan check. This requirement applies to grading
permits, final maps, street improvement plans, water and electrical plans,
landscape irrigation plans, security plans, parks and trail plans, and fire
and life safety plans, etc.
17
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
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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 a plication.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
18
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees ") from any and all claims,
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actions or proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees 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 Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys' fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
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