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Resolution-PC 2019-014RESOLUTION NO. PC2019-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05956 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00013) (902 EAST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2018-05956 to construct a new 3,060 square foot 7 -Eleven convenience market with a new "Type 20" Off -Sale Beer and Wine Alcoholic Beverage Control (ABC) license to permit the sale of beer and wine for off-site consumption (the "Project"), for certain real property located at 902 East Katella 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"); and WHEREAS, Conditional Use Permit No. 2018-05956 is proposed in conjunction with Zoning Code Amendment No. 2018-00156 and Public Convenience or Necessity No. 2018-00143, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, consisting of approximately 0.46 acre, is vacant and being used for outdoor storage. The Anaheim General Plan designates the Property for "MU" Mixed Use land uses. The Property is located within the underlying "I" Industrial Zone, implementing the "PTMU" Platinum Triangle Mixed Use Overlay Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.20 (Platinum Triangle Mixed Use Overlay) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 20, 2019 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 the Proposed Project 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, this 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 or Conversion of Small Structures) 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 - 1 - PC2019-014 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 Conditional Use Permit No. 2018-05956, does find and determine the following facts: 1. The proposed request to construct a new 3,060 square foot 7 -Eleven convenience market with a new "Type 20" Off -Sale Beer and Wine ABC license to permit the sale of beer and wine for off-site consumption is an allowable use within the "PTMU" Platinum Triangle Mixed Use Overlay Zone under Section 18.20.030 (Uses) of Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) of the Code, subject to a conditional use permit and the zoning and development standards of the "PTMU" Platinum Triangle Mixed Use Overlay Zone. 2. The Proposed Project, under the conditions imposed, is compatible with the existing and proposed uses in the surrounding area. 3. The size and shape of the site for the Proposed Project, under the conditions imposed, is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because the convenience store will adhere to all required land use standards, including the required number of parking spaces. 4. The traffic generated by the Proposed Project, under the conditions imposed, 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 levels anticipated and analyzed in this area. 5. The granting of the Proposed Project, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and would not be a health or safety risk to the citizens of the City of Anaheim; and 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. 2018-05956, contingent upon and subject to (i) approval of Zoning Code Amendment No. 2018-00156, now pending (ii) approval of Public Convenience or Necessity No. 2017-00138, now pending, and (iii) 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 under Conditional Use Permit No. 2018- 05956 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) - 2 - PC2019-014 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 20, 2019. 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. — Q4& A 1&44 - CH RPERSON PRO TEMPORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2019-014 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 February 20, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 201h day of February, 2019. G' SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-014 EXHIBIT "A" DEV NO. 2018-00013 © Uva Source: Recorded Tract Maps and/or City GIS. re�c Please note the accuracy is +/- two to five feet. - 5 - PC2019-014 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2018-05956 (DEV2018-00013) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS I The developer/owner shall submit a set of improvement plans for Public Utilities, Public Utilities Water Engineering review and approval in Water Engineering determining the conditions necessary for providing water service to the project. 2 The legal property owner shall irrevocably offer to dedicate to the City Public Works, of Anaheim an additional 12- ft. easement from the existing right -of- Development Services way along Katella Avenue, a 23 -ft. easement from the existing right- Division of -way along Lewis Street, and a corner cut off at the northwesterly corner of the parcel for road, public utilities and other public purposes. 3 Prepare and submit a final grading plan showing building footprints, Public Works, pad elevations, finished grades, drainage routes, retaining walls, Development Services erosion control, slope easements and other pertinent information in Division accordance with Anaheim Municipal Code and the California Building Code, latest edition. 4 Prepare and submit a final drainage/hydrology study, including Public Works, supporting hydraulic and hydrological data to the City of Anaheim for Development Services review and approval. The study shall confirm or recommend changes Division to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. 5 The owner shall obtain the required coverage under California's Public Works, General Permit for Stormwater Discharges associated with Development Services Construction Activity by providing a copy of the Notice of Intent Division (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. 6 The owner shall prepare a Stormwater Pollution Prevention Plan Public Works, (SWPPP). The SWPPP shall be kept at the project site and be Development Services available for Public Works Development Services Division review Division upon request. 7 Submit a Water Quality Management Plan (WQMP) to the City for Public Works, review and approval. The WQMP shall be consistent with the Development Services requirements of Section 7 and Exhibit 7.II of the Orange County Division Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. Identify potential sources of - 6 - PC2019-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long- term implementation of and compliance with the defined BMPs. 8 Submit a Geotechnical Report to the Public Works Development Public Works, Services Division for review and approval. The report shall include Development Services any proposed infiltration features of the WQMP. Division 9 Civil Engineer shall survey and certify the design pad elevation and Public Works, submit a line and grade certification. Development Services Division 10 A Certification shall be provided by, and bear the original stamp and Public Works, signature of the Geotechnical Engineer of Record shown on the Development Services project plans approved by the City of Anaheim, Public Works Division Department. The certification shall state that construction/installation of the soil improvement has been analyzed and found to be conformance to the approved plans and specifications. All technical data and test logs shall be part of the document submitted to the City for review and approval. 11 Prior to issuance of the grading permit and right-of-way construction Public Works, permit for the storm drain and sewer, whichever occurs first, a Save Development Services Harmless agreement in -lieu of an Encroachment Agreement is Division required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. PRIOR TO ISSUANCE OF BUILDING PERMITS 12 Provide a certificate, from a Registered Civil Engineer, certifying that Public Works, the finished grading has been completed in accordance with the City Development Services approved grading plan. Division 13 The developer shall submit street improvement plans and a cost Public Works, estimate for review and approval. The developer shall obtain a right Development Services of way construction permit, and post a security (Performance and Division Labor & Materials Bonds) in an amount approved by the City Engineer and in a form approved by the City Attorney for the construction of all required public improvements within the City street right of way on Katella Avenue and Lewis Street. Improvements shall conform to the applicable City Standards and as approved by the City Engineer. 14 A Right of Way Construction Permit shall be obtained from the Public Works, Development Services Division for all work performed in the public Development Services right-of-way. Division - 7 - PC2019-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 15 A cash -in -lieu payment based on the project engineer's cost estimate, Public Works, in an amount determined by the City Engineer to be sufficient to pay Development Services for future street widening along Katella Avenue and Lewis Street shall Division be paid to the City of Anaheim. 16 A private water system with separate water service for fire protection, Public Utilities, domestic water, and irrigation shall be provided and shown on plans Water Engineering submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 17 All backflow equipment shall be located above ground outside of the Public Utilities, street setback area in a manner fully screened from all public streets Water Engineering 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. 18 All requests for new water services, backflow equipment, or fire lines, Public Utilities, as well as any modifications, relocations, or abandonments of existing Water Engineering water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 19 All existing water services and fire services shall conform to current Public Utilities, Water Services Standards Specifications. Any water service and/or Water Engineering 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. 20 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.1 of the Water Utility Rates, Rules, and Regulations. 21 The property owner/developer shall coordinate with Electrical Public Utilities, Engineering to establish electrical service requirements and submit Electrical Engineering electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 22 The legal owner shall provide to the City of Anaheim a Public Utilities Public Utilities, easement with dimensions as shown on the approved utility service Electrical Engineering plan. - 8 - PC2019-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 23 The legal owner shall submit payment to the City of Anaheim for Public Utilities, service connection fees. Electrical Engineering PRIOR TO FINAL BUILDING AND ZONING INSPECTION 24 The developer shall construct 6' sidewalk at ultimate right of way and Public Works, 19' landscaped public parkway and trees, curb adjacent, on Katella Development Services Avenue and a 5' sidewalk at ultimate right of way and 28' landscaped Division public parkway and trees, curb adjacent, on Lewis Street or as approved by the City Engineer. The proposed irrigation line and meter shall be connected to the private main. 25 The developer shall construct all improvements along the project's Public Works, frontage on Katella Avenue and Lewis Street. The improvements shall Development Services include but not limited to curb and gutter, pavement, driveway, ADA Division ramps, parkway drains, install street lights, water meters removals, sewer improvements, etc. As determined and approved by the City Engineer. 26 All public improvements shall be constructed by the developer, Public Works, inspected and approved by Construction Services prior to the final Development Services building and zoning inspection. Division 27 All remaining fees/deposits required by Public Works department Public Works, must be paid in full. Development Services Division 28 All required on-site Water Quality Management Plan, sewer, storm Public Works, drain, and public right of way improvements shall be completed, Development Services operational, and are subject to review and approval by the Public Division Works inspector. 29 Owner shall install an approved backflow prevention assembly on the Public Utilities, water service connection(s) serving the property, behind property line Water Engineering and building setback in accordance with Public Utilities Department Water Engineering Division requirements. GENERAL CONDITIONS 30 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. 31 The area of alcoholic beverage displays shall not exceed 25% of the Police Department total display area in a building. 32 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. 33 The possession of alcoholic beverages in open containers and the Police Department consumption of alcoholic beverages are prohibited on or around these premises. - 9 - PC2019-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 34 Any graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the licensee shall be removed or painted over within 24 hours. 35 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of persons around the premises. 36 There shall be no pay to play amusement machines or video game Police Department devices maintained upon the premises at any time. 37 The petitioner(s) shall be responsible for maintaining free of litter the Police Department area adjacent to the premises over which they have control, as depicted. 38 Managers / Owners shall call the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program), RBS, or similar certificate training for themselves and register employees. The contact number for ABC is 714-558-4101. 39 The Petitioner(s) shall post and maintain a professional quality sign Police Department facing the premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. 40 Alcohol shall not be sold between the hours of 2:00 a.m. — 6:00 a.m. Police Department each day of the week. The applicant shall secure the doors to the refrigerated section the alcohol is displayed and sold from during those hours. 41 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 Development Services labeled on building plans. Division 42 The following minimum clearances shall be provided around all public Public Utilities water facilities (e.g. service laterals, meters, meter boxes, backflow Water Engineering devices, etc.): • 10 -feet minimum clearance from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 -feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 43 No public water mains or laterals allowed under parking stalls or Public Utilities parking lots. Water Engineering 44 That ongoing during project operations, vehicle deliveries including Public Works, loading and unloading shall be performed on site. Delivery vehicles Development Services shall not block any part of the public right of way. Division - 10 - PC2019-014 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 45 Window signs shall comply with the maximum area allowed by the Planning and Building Zoning Code. At no time shall window signs exceed 20% of the Department, window area. Planning Services Division 46 All landscaping shall be maintained in perpetuity in conformance with Planning and Building Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Department, Code. Landscaping shall be replaced in a timely manner in the event Code Enforcement that it is removed, damaged, diseased and/or dead. Division 47 The Applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 48 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, Division 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. 49 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant Department, and which plans are on file with the Planning Department and as Planning Services conditioned herein. Division - 11 - PC2019-014