Resolution-PC 2017-030RESOLUTION NO. PC2017-030
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2016-05868 AND VARIANCE NO. 2017-05084 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00028)
(984 SOUTH BEACH BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (herein
referred to as the "Planning Commission") did receive a verified petition to approve (i)
Conditional Use Permit No. 2016-05868 to permit the construction of a new service
station and convenience market, and (ii) Variance No. 2017-05084 to allow reduced front
setbacks and less parking spaces than required by the Anaheim Municipal Code (the
"Code") at that certain real property located at 984 South Beach Boulevard in the City of
Anaheim, County of Orange, State of California, as generally depicted on Exhibit A
attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property, approximately 0.5 -acres in size, is currently
developed with a service station containing a canopy with four pump islands and a
convenience market. The Property is located within the "C -NC" Neighborhood Center
land use designation of the Anaheim General Plan. The Property is also located in the
"C -G" General Commercial Zone and is subject to the zoning and development standards
contained in Chapter 18.08 (Commercial Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 6, 2017 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 (Procedures) of the Code, to hear and consider evidence for and against
proposed Conditional Use Permit No. 2016-05868 and Variance No. 2017-05084, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.;
herein referred to as "CEQA"), the State of California Guidelines for Implementation of
the California Environmental Quality Act (Title 14 of the California Code of Regulations;
herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure
Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the effects of
the Proposed Project are typical of those generated within that class of projects (i.e.,
Class 3 — New Construction) which consists of construction and location of limited
numbers of new, small facilities or structures, and that, therefore, pursuant to Section
15303 of the CEQA Guidelines, the Proposed Project will not cause a significant effect
on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
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WHEREAS, this 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
2016-05868, does find and determine the following:
1) That the proposed use is properly one for which a conditional use permit is
authorized by the Code which allows a service station and convenience market to be
constructed in the General Commercial (C -G) Zone subject to approval of a conditional
use permit pursuant to Section 18.08.030 of the Code; and
2) That the proposed use will not adversely affect the adjoining land uses, or
the growth and development of the area in which it is proposed to be located in that the
new gas station and convenience market will replace an existing gas station and
convenience market and the new buildings or structures of the Proposed Project are
compatible with the scale, mass, bulk, and orientation of existing buildings in the
surrounding area; and
3) That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use, in a manner not detrimental to either the
particular area or health and safety in that the Proposed Project is designed to ensure
maneuverability that is compatible with the adjacent service station and commercial uses
and therefore is not anticipated to adversely affect development of the area; and
4) That the traffic generated by the proposed use 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 street; and
5) That the granting of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City
of Anaheim in that the impact upon the surrounding area has been mitigated to the
maximum extent practicable in that site development standards proposed for the
Proposed Project are consistent with the development standards of the "C -G" General
Commercial zone, with the exception of the variances described below.
WHEREAS, based upon the request letter submitted by the applicant and
observations made by staff, the Planning Commission does further find and determine
that the request for Variance No. 2017-05084 for less parking than required by Code
should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(12 spaces required; 9 spaces proposed)
1. The variance for the Property, under the conditions imposed, will provide
sufficient parking on-site in that many of the convenience store patrons fill their vehicles
with gas while parked at the fuel pump and enter the store while the vehicle is fueling.
Therefore, the number of spaces provided on-site would equate to 17 parking spaces with
the inclusion of the fueling pump spaces. This provides more than the number of spaces
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necessary to accommodate all vehicles attributable to all uses at the Property under the
normal and reasonably foreseeable conditions of operation of such uses; and
2. The variance for the Property, 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 use because the on-site parking will adequately
accommodate the peak parking demands of all combined uses on the site; and
3. The variance for the Property, under the conditions imposed, will not
increase the demand and competition for parking spaces upon adjacent private property in
the immediate vicinity of the Property because the on-site parking with the fueling pump
spaces considered, will adequately accommodate peak parking demands of all uses on the
site; and
4. The variance for the Property, under the conditions imposed, will not
increase traffic congestion within the off-street parking areas or lots provided for the
Property because the Property provides adequate ingress and egress points, which are
designed to allow for adequate on-site circulation; and
5. The variance for the Property, 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 Property because the proposed ingress or egress access
points are designed to allow adequate on-site circulation and, therefore, will not impede
vehicular circulation from adjacent properties upon the public streets in the immediate
vicinity of the Property.
WHEREAS, the Planning Commission does further find and determine that the
request for Variance No. 2017-05084 for reduced landscape setbacks should be approved
for the following reasons:
SECTION NO. 18.08.060.010.0101 Minimum front landscaped setback.
(15 feet required; 10 feet proposed)
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the
identical zoning classification in the vicinity of the Proposed Project. The subject
property has a width and depth of 150 by 138 feet, and a lot area of 0.5 acres, while
corner lots in the immediate vicinity have similar lot widths and sizes that are developed
with commercial uses that do not have the same circulation constraints that a service
station has due to the area needed to accommodate the turning radius for fuel tanker
trucks, a 7 -foot dedication along Ball Road for a new public sidewalk, standards for
placement of fuel tanks, and the need to accommodate vehicles maneuvering on-site. In
addition, the service station and convenience store are designed in a manner that is
sensitive to the adjacent properties by providing a reasonable front landscape setback
with significantly more landscaping than what exists on the site currently.
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2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under the identical
zoning classification in the vicinity because a similar front setback variance was
previously -approved in 2016 for the service station located at the northeast corner of La
Palma Avenue and Magnolia Avenue.
WHEREAS, this 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. This
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, pursuant to the above findings,
this Planning Commission does hereby approve Conditional Use Permit No. 2016-05868
and Variance No. 2017-05084 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 that portion of the
Property for which Conditional Use Permit No. 2016-05868 and Variance No. 2017-
05084 is applicable 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, (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 March 6, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 March 6, 2017, by
the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: HENNINGER
ABSENT: COMMISSIONERS: NONE
2017.
IN WITNESS WHEREOF, I have hereunto set my hand this 6t" day of March,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00028
APN: 126-261-03
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= 150'
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W BALL RD
dia '0 100 Source: Recorded Tract Maps and/or City GIS.
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Feer Please note the accuracy is +/- two to five feet.
Jet.
6 - PC2017-030
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05868 AND
VARIANCE NO. 2017-05084
(DEV2016-00028)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO THE ISSUANCE OFA GRADING PERMIT
1
The project's Grading Plans, Soils Report, and Drainage Report shall
Public Works,
be submitted for review and approval to the Development Services
Development Services
Division.
2
The developer shall submit project improvement plans that
Public Works,
incorporate the required drainage improvements and the mechanisms
Development Services
proposed in the approved Drainage Report. Post -development storm
event run-off shall be less than or equal to the existing pre -
development storm event run-off. No off-site run-off shall be blocked
during and after grading operations or perimeter wall construction.
Finish floor elevations shall be 1 -ft. minimum above water surface
elevations of 100 -year storm event.
3
The final Water Quality Management Plan (WQMP) shall be
Public Works,
submitted for review and approval to Public Works Development
Development Services
Services and comply with the most current requirements of the
Orange County Drainage Area Management Plan (DAMP).
4
Fueling Areas shall be designed in compliance with CASQA BMP
Public Works,
SD -30.
Development Services
5
Prior to issuance of the grading permit and right-of-way construction
Public Works,
permit for the storm drain improvements, a Save Harmless agreement
Development Services
in -lieu of an Encroachment Agreement is required to be executed,
approved by the City and recorded by the applicant on the property
for any new private storm drains connecting to the City storm drain
facilities.
PRIOR TO THE ISSUANCE OF A B UILDING PERMIT
6
The property owner shall irrevocably offer to dedicate in a signed
Public Works,
deed to the City of Anaheim an easement 60- feet in width from the
Development Services
centerline of Ball Road and a corner cut-off dedication at Ball Road
and Beach Boulevard for road, public utilities, and other public
purposes. The corner cut-off dedication shall be in compliance with
City Standard 110-B based on the ultimate curb location.
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
7
The developer shall submit street improvement plans, obtain a right
Public Works,
of way construction permit, and post a security (Performance and
Development Services
Labor & Materials Bonds) for the construction of all required public
improvements within the City street right of way of Ball Road.
8
An Encroachment Permit from Caltrans shall be obtained for all
Public Works,
work performed in Caltrans right-of-way within Beach Boulevard.
Development Services
9
The legal property owner shall submit an application for a
Public Works,
Subdivision Map Act Certificate of Compliance to the Public Works
Department, Development Services Division. A Certificate of
Development Services
Compliance or Conditional Certificate of Compliance shall be
approved by the City Surveyor and recorded in the Office of the
Orange County Recorder prior to issuance of a building permit for
the new convenience store and canopy construction.
10
The driveway approach on Ball Road and Beach Boulevard shall
Public Works,
comply with City of Anaheim Engineering Standard 115-13, a
Traffic Engineering
minimum 15' Radius is required.
11
That a private water system with separate water service for fire
Public Utilities,
protection and domestic water shall be provided and shown on plans
Water Engineering
submitted to the Water Engineering Division of the Anaheim Public
Utilities Department.
12
That all backflow equipment shall be located above ground outside
Public Utilities,
of the street setback area in a manner fully screened from all public
Water Engineering
streets and alleys. Any backflow assemblies currently installed in a
vault will have to be brought up to current standards. Any other large
water system equipment shall be installed to the satisfaction of the
Water Engineering Division outside of the street setback area in a
manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by
Water Engineering and Cross Connection Control Inspector.
13
That all requests for new water services, backflow equipment, or fire
Public Utilities,
lines, as well as any modifications, relocations, or abandonments of
Water Engineering
existing water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of
the Anaheim Public Utilities Department.
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
14
That all existing water services and fire services shall conform to
Public Utilities,
current Water Services Standards Specifications. Any water service
Water Engineering
and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing
service is no longer needed. The owner/developer shall be
responsible for the costs to upgrade or to abandon any water service
or fire line.
15
That the developer/owner shall submit to the Public Utilities
Public Utilities,
Department Water Engineering Division an estimate of the maximum
Water Engineering
fire flow rate and maximum day and peak hour water demands for
the project. This information will be used to determine the adequacy
of the existing water system to provide the estimated water demands.
Any off-site water system improvements required to serve the project
shall be done in accordance with Rule No. 15A.6 of the Water Utility
Rates, Rules, and Regulations.
16
Final landscape plans in compliance with all code requirements shall
Planning & Building
be submitted for review and approval by the Planning Director or
Department,
his/her designee. Landscaping shall be installed prior to the issuance
of a Certificate of Occupancy for the business.
Planning Services
OPERATIONAL CONDITIONS
17
Building shall be equipped with a comprehensive security alarm
Police Department
system (silent or audible) for the following coverage areas:
• Perimeter of building and access route protection.
• High valued storage areas.
• Robbery Panic Alarm at Cashier register(s)
18
Complete a Burglary/Robbery Alarm Permit application, Form APD
Police Department
516, and return it to the Police Department prior to initial alarm
activation. This form is available at the Police Department front
counter, or it can be downloaded from the following web site:
http://www.anaheim.net/260/Alarm-Permits
19
Rooftop address numbers for the police helicopter. Minimum size 4'
Police Department
in height and 2' in width. The lines of the numbers are to be a
minimum of 6" thick. Numbers should be spaced 12" to 18" apart.
Numbers should be painted or constructed in a contrasting color to
the roofing material. Numbers should face the street to which the
structure is addressed. Numbers are not to be visible from ground
level.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
20
"No Trespassing 602(k) P.C." posted at the entrances of parking
Police Department
lots/structures and located in other appropriate places. Signs must be
at least 2' x 1' in overall size, with white background and black 2"
lettering.
21
All entrances to parking areas shall be posted with appropriate signs
Police Department
per 22658(a) C.V.C., to assist in removal of vehicles at the property
owners/managers request.
22
Closed circuit television (CCTV) security camera system, with the
Police Department
following coverage areas:
• Interior entrance to store
• Exterior entrance to store
• Parking areas
• Fuel pumps
• Cashier's area
23
If security cameras are not monitored, signs indicating so should be
Police Department
placed at each camera.
24
CCTV monitors and recorders should be secured in a separate locked
Police Department
compartment to prevent theft of, or tampering with, the recording.
25
With advances in technology, digital and wireless CCTV security
Police Department
systems are readily available and highly recommended over older
VHS or "Tape" recording systems.
26
CCTV recordings should be kept for a minimum of 30 days before
Police Department
being deleted or recorded over.
27
If used, CCTV videotapes should not be recorded over more than 10
Police Department
items per tape.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
28
All required on-site Water Quality Management Plan and public right
Public Works,
of way improvements shall be completed, operational, and are
Development Services
subject to review and approval by the Construction Services
Inspector.
29
Curbs adjacent to the drive aisles shall be painted red to prohibit
Public Works,
parallel parking in the drive aisles. Red curb locations shall be clearly
Traffic Engineering
labeled on building plans.
_10- PC2017-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
30
Ongoing during project operation, refueling tanker trailers shall not
Public Works,
block any portion of the public right of way.
Traffic Engineering
GENERAL
31
No public water mains or laterals allowed under parking stalls or
Public Utilities,
parking lots.
Water Engineering
32
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities,
meter, Hersey Residential Fire Meter with Translator Register, no
Water Engineering
equals.
33
The Applicant shall defend, indemnify, and hold harmless the City
Planning & Building
and its officials, officers, employees and agents (collectively referred
Department,
to individually and collectively as "Indemnitees") from any and all
Planning Services
claims, 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.
34
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
Planning & Building
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
Department,
result in delays in the issuance of required permits or may result in the
Planning Services
revocation of the approval of this application.
35
The property shall be developed substantially in accordance with plans
Planning & Building
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department.
Planning Services
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