RES-2019-030 RESOLUTION NO. 2 01 9-0 3 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING CONDITIONAL USE PERMIT NO.
2018-05956 FOR PROPERTY LOCATED AT 902 EAST
KATELLA, ANAHEIM, CALIFORNIA, AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2018-00013)
WHEREAS, the City of Anaheim 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, 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 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. Following said
public hearing, the Planning Commission adopted its Resolution No. PC2019-014 approving
Conditional Use Permit No. 2018-05956 and, pursuant to the provisions of CEQA and the State
CEQA Guidelines, and the City's Local CEQA Procedure Manual, found and determined 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
WHEREAS, following the public hearing on February 20, 2019, the Planning
Commission also adopted its Resolution No. PC2019-015 making the following determining
that the public convenience or necessity would be served by the issuance of an alcoholic
beverage control license for the sale of beer and wine on the Property for off-premises
consumption; and
WHEREAS, the City Council, 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 with respect to Conditional Use Permit No. 2018-05956:
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 City Council 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 City Council 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 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.
BE IT FURTHER RESOLVED that the City Council 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)
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 City Council 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 City Council meeting of April 2,
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.
AYES:Mayor Sidhu and Council Members Kring, Barnes,
Brandman, Moreno, Faessel, and O'Neil
NOES:None
ABSENT:None
ABSTAIN: None
CITY 0 ANAHEIM
4Jh1J
A • ' •F T C " OF ANAHEIM
ATTEST:
CITY CLERK 0 THE CITY OF ANAHEIM
131557/LM
EXHIBIT "A"
DEV NO. 2018-00013
APN: 083-751-03
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO.2018-05956
(DEV2018-00013)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
1 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 Public Works,
City of Anaheim an additional 12- ft. easement from the existing Development Services
right-of-way along Katella Avenue, a 23-ft. easement from the Division
existing right-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 Development Services
for review and approval. The study shall confirm or recommend Division
changes 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.
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.I1 of the Orange County Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
Drainage Area Management Plan (DAMP) for New Development/
Significant Redevelopment projects. Identify potential sources of
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
0A Certification shall be provided by, and bear the original stamp and Public Works,
1signature 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 Public Works,
that the finished grading has been completed in accordance with the Development Services
City 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.
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
15 A cash-in-lieu payment based on the project engineer's cost Public Works,
estimate, in an amount determined by the City Engineer to be Development Services
sufficient to pay for future street widening along Katella Avenue and Division
Lewis Street shall be paid to the City of Anaheim.
16 A private water system with separate water service for fire Public Utilities,
protection, domestic water, and irrigation shall be provided and Water Engineering
shown on plans 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.
1 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.
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.
/0 That the developer/owner shall submit to the Public Utilities Public Utilities,
Department Water Engineering Division an estimate of the Water Engineering
maximum 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.
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.
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
22 The legal owner shall provide to the City of Anaheim a Public Public Utilities,
Utilities easement with dimensions as shown on the approved utility Electrical Engineering
service plan.
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 Public Works,
and 19' landscaped public parkway and trees, curb adjacent, on Development Services
Katella Avenue and a 5' sidewalk at ultimate right of way and 28' Division
landscaped 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 Development Services
shall include but not limited to curb and gutter, pavement, driveway, Division
ADA 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
All remaining fees/deposits required by Public Works department Public Works,
77
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 Public Utilities,
the water service connection(s) serving the property,behind property Water Engineering
line 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 Police Department
building or within five(5) feet of any public entrance to the building.
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
33 The possession of alcoholic beverages in open containers and the Police Department
consumption of alcoholic beverages are prohibited on or around these
premises.
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.
6 There shall be no pay to play amusement machines or video game Police Department
devices maintained upon the premises at any time.
The petitioner(s) shall be responsible for maintaining free of litter the Police Department
37
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.
The Petitioner(s) shall post and maintain a professional quality sign Police Department
39
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 Utilities
public water facilities (e.g. service laterals, meters, meter boxes, Water Engineering
backflow 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
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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
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 Planning and Building
with Chapter 18.46 "Landscape and Screening" of the Anaheim Department,
Municipal Code. Landscaping shall be replaced in a timely manner Code Enforcement
in the event 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 planning Services
permits for this project, whichever occurs first. Failure to pay all Division
charges shall 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 Planning and 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, 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 Planning and Building
plans and specifications submitted to the City of Anaheim by the Department,
applicant and which plans are on file with the Planning Department
Planning Services
and as conditioned herein. Division
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2019-030 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 2nd day of April, 2019 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno,
Faessel and O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of April, 2019.
41.11116,
CITY CLERK O THE CITY OF ANAHEIM
(SEAL)