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Resolution-PC 2021-007 RESOLUTION NO. PC2021-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMITNO. 2020-06077,AND PUBLIC CONVENIENCE OR NECESSITYNO. 2020-00154AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00131) (2790 WEST LINCOLN AVENUE) 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. 2020- 06077to permit the construction of a new service station andconvenience store, and (ii) an associated Determination of Public Convenience or Necessity No. 2020-00154 to permit the sale of beer and wine for off-premises consumption (“Proposed Project”) at that certain real property located at 2790 West Lincoln Avenue 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 0.48-acres in size, is currently developed with a fast food drive-through restaurant building. The Property is located within the "Corridor Residential” 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, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on January 20, 2021, at 5:00 p.m., notice of said public hearing having beenduly 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, 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 1 - PC2021-007 WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 3 –New Constructionor 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, 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 No. 2020-06077, 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 store 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 service station and convenience store will replace an existing fast food drive-through restaurant 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 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 exceedthe 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, 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 a Determination of Public Convenience or Necessity No. 2020-00154, does find and determine the following facts: - 2 - PC2021-007 1.On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "Public Convenience or Necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control ("ABC"). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that "public convenience or necessity" would be served by the issuance of a license. For purposes of Section 23958.4, "undue concentration" means the case in which the Property is located in an area where any of the following conditions exist: (a) The Property is located in a crime reporting district that has a 20 percent greater number of reported crimes than the average number of “reported crimes” (as defined in Section 23958.4), as determined from all crime reporting districts within the City of Anaheim. (b) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the Property is located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. (c) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the Property is located exceeds the ratio of off-sale retail licenses to population in the county. 3. Notwithstanding the existence of the above-referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations; and, when the sale of alcoholic beverages for off-premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 5. The Property is located within Census Tract No. 870.01 with a population of 5,537 that allows for threeoff-sale ABC licenses. There ispresently no off-sale ABC licenses in the tract. The Property is located in Police Reporting District No. 1717, which has a crime rate that is 124 percent above the Citywide average. The Police Department evaluates these requests based on the crime rate within a one- quarter mile radius of the Property for the subject site. The crime rate within ¼ mile of this Property is 127 percent above the Citywide average based upon calls for service. Since the crime rate is above the Citywide average, a determination of "public convenience or necessity" is required. - 3 - PC2021-007 6.The request to permit alcoholic beverage sales for off-premises consumption in conjunction with a service station and convenience storewould not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is currently developed with a similar use and the proposed development of the premises is compatible with the existing uses in the surrounding area, and; 7. The determination of "Public Convenience or Necessity" can be made based on the finding that the license requested is consistent with the Planning Commission guidelines for such determinations and further that the granting of the determination of Public Convenience or Necessity, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim, and; 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 negate 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. 2020-06077, and Public Convenience or Necessity No. 2020-00154 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. 2020-06077, and Public Convenience or Necessity No. 2020-00154 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. - 4 - PC2021-007 - 6 - PC2021-007 EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2020-06077, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00154 (DEV2020-00131) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1Prepare and submit a final grading plan showing building footprints, Public Works, pad elevations, finished grades, drainage routes, retaining walls, erosion Development Services control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 2Prepare and submit a final drainage study, including supporting Public Works, hydraulic and hydrological data to the City of Anaheim for review and Development Services approval. The study shall confirm or recommend 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 alldownstream drainage-mitigating measures including but not limited to offsite storm drains and interim detention facilities. a.The following conditions shall be addressed in the final Drainage report: i.Include a copy of the Orange County Hydrological Soils Type Map with the site marked in the report. 3Submit a FinalGeotechnical Report to the Public Works Development Public Works, Services Division for review and approval. The report shall address any Development Services proposed infiltration features of the WQMP. - 7 - PC2021-007 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 4Submit Water Quality Management Plan (WQMP) to the City for review Public Works, and approval. The WQMP shall be consistent with the requirements of Development Services Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. The WQMP shall 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 storm water 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. a.The following conditions shall be addressed in the final WQMP: i.Proposed ROW improvements must be included in site design and WQMP narrative, including exact square footages of redevelopment areas and associated BMP sizing. FCS BMPs shall be implemented if a City catch basin is impacted. ii.Include an updated site description including a discussion of deliveries, food preparation, and any outdoor storage areas. iii.All pervious and impervious surfaces throughout the Project sitewill be verified to confirm adequate BMP sizing. iv.The proposed BMP will be submitted to the groundwater agency for review and to assess any threats to groundwater health. Any concerns related to groundwater or water supply safety may require the Project to propose an alternate treatment solution, such as biotreatment or equivalent. v.Owner shall be identified and signatures shall be included prior to Final approval. 5All required plans and studies shall be prepared by a Registered Public Works, Professional Engineer.Development Services 6The Owner/Developer shall submit a set of improvement plans for Public Utilities Public Utilities Water Engineering review and approval in determining Water Engineering the conditions necessary for providing water service to the project. - 8 - PC2021-007 PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 7The legal property owner shall irrevocably offer to dedicate to the City Public Works, of Anaheim, for road, public utilities and other public purposes, the Development Services right-of-way easements described below: i.7-ft. in width on Lincoln Ave ii.Corner cutback at Lincoln and Dale Avenue 8 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. 9 The developer shall submit street improvement plans and obtain a Right Public Works, of Way Construction Permit for all work performed in the public right-Development Services of-way from the Development Services Division. The developer shall submit a cost estimate and post a security (Performance and Labor & Materials Bonds) in an amountapproved 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 of Lincoln Avenue and Dale Avenue. The following improvements shall conform to the applicable City Standards and as approved by the City Engineer: a. On Lincoln Avenue, the developer shall construct all improvements along the project’s frontage including a 5- ft. sidewalk at ultimate right of way and 14-ft. landscaped public parkway and trees, curb adjacent, or as approved by the City Engineer. The proposed irrigation line and meter shall be connected to the private main. b.On Dale Avenue, the developer shall construct all improvements along the project’s frontage including a 5- ft. sidewalk at ultimate right of way and 8-ft. landscaped public parkway and trees, curb adjacent, or as approved bythe City Engineer. The proposed irrigation line and meter shall be connected to the private main. c.All off-site improvements that consist of excavation on an active moratorium street will require prior approval from the City Engineer per the City of Anaheim Standard Detail 132. Dale Ave is currently under an active moratorium until January 25, 2021 and Lincoln Ave is currently under an active moratorium until April 7, 2023. 10 A Cash-in-Lieu (CIL) of improvements for the street widening along Public Works, Lincoln Avenue and Dale Avenue in the amount determined by the City Development Services Engineer shall be paid to the City of Anaheim. - 9 - PC2021-007 11 The legal owner shall submit an application for a Subdivision Map Act Public Works, Certificate of Compliance to the Public Works Development Services Development Services Division. The Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder. 12 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to Electrical Engineering establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 13 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 and Water Engineering 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. Saidinformation shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 14 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. All existing water services and fire services shall conform to current 15 Public Utilities, Water Services Standards Specifications. Any water service and/or fire Water Engineering 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. Underground Storage Tanks shall conform to Anaheim Fire & Rescue’s 16Anaheim Fire & Rescue UST Installation and Modification Guidelines. 17 Vent piping is required for USTs.Anaheim Fire & Rescue Any cooking appliances producing grease laden vapors shall require a 18 Anaheim Fire & Rescue Type I hood and fire suppression for the hood. 19 Final landscape plans in compliance with all Code requirements shall Planning and Building be submitted for review and approval by the Planning Director or his/her Department, designee. Landscaping shall be installed prior to the issuance of a Planning Services Certificate of Occupancy for the business. -10 -PC2021-007 PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 20All 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. 21All remaining fees/deposits required by Public Works department must Public Works, be paid in full.Development Services 22All required on-site Water Quality Management BMP improvements Public Works, shall be completed, operational, and are subject to review and approval Development Services by the Public Works inspector. 23Record Drawings and As-Built Plans shall be submittedfor review and Public Works, approval to the Department of Public Works, Development Services Development Services Division. 24Street curb along the project frontage on Dale Ave shall be painted red Public Works, per existing condition. Traffic Engineering 25Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works, parking in the drive aisles. Red curb locations shall be clearly labeled Traffic Engineering on building plans. 26Prior to final building and zoning inspection, fire lanes shall be posted Public Works, with “No Parking Any Time.” Said information shall be specifically Traffic Engineering shown on plans submitted for building permits. 27The first parking stall near the project driveway on Dale Avenue shall Public Works, be used as a loading/unloading stall for delivery. Prior to final building Traffic Engineering and zoning inspection, NO PARKING –LOADING/UNLOADING ONLY marking and sign shall be installed to prevent customersfrom parking in this stall. 28The first parallel parking stall near the project driveway on Lincoln Public Works, Avenue shall be used as an employee parking stall. Prior to final Traffic Engineering building and zoning inspection, EMPLOYEE PARKING ONLY marking and sign shall be installed to prevent customer from parking in this stall. 29Owner/Developer shall install an approved backflow prevention Public Utilities assembly on the water service connection(s) serving the property, Water Engineering behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. 30Prior to connection of electrical service, the legal owner shall provide Public Utilities, to the City of Anaheim a Public Utilities easement with dimensions as Electrical Engineering shown on the approved utility service plan. -11 -PC2021-007 31Prior to connection of electrical service, the legal owner shall submit Public Utilities, payment to the City of Anaheim for service connection fees. Electrical Engineering OPERATIONAL CONDITIONS 32Ongoing during project operations, fuel truck access shall be either Public Works, to/from Lincoln Avenue, or to/from Dale Avenue via Lincoln Avenue. Traffic Engineering Trucks are not permittedto continue to travel on Dale Avenue. 33The Owner shall be responsible for restoring any special surface Public Utilities improvements, other than asphalt paving, within any right-of-way, Water Engineering public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the City easement deeds. 34The 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. 35The area of alcoholic beverage displays shall not exceed 25% of the total Police Department display area in a building. 36No 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. 37The possession of alcoholic beverages in open containers and the Police Department consumption of alcoholic beverages are prohibited on or around these premises. 38Any graffiti painted or marked upon the premises or on any adjacent area Police Department under the control of the licensee shall be removed or painted over within 24 hours. 39Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of persons around the premises. 40There shall be no pay to play amusement machines or video game Police Department devices maintained upon the premises at any time. -12 -PC2021-007 41There 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. 42Managers/Owners shall contact 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 657-205-3533. 43The 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. 44All new landscaping shall be installed in conformance with Chapter Planning and Building 18.46 “Landscape and Screening” of the Anaheim Municipal Code and Department, shall be maintained in perpetuity.Landscaping shall be replaced in a Planning Services timely manner in the event that it is removed, damaged, diseased and/or Division dead. -13 -PC2021-007 GENERAL The following minimum horizontal clearances shall be maintained 45Public Utilities, between proposed water main and other facilities: Water Engineering 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals 5-feet minimum separation from all other utilities, including storm drains, gas, and electric 6-feet minimum separation from curb face 10-feet minimum separation from structures, footings, and trees. The following minimum clearances shall be provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): 10 feet 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. 46The Applicant shall defend, indemnify, and hold harmless the City and PlanningandBuilding its officials, officers, employees and agents (collectively referred to Department, individually and collectively as “Indemnitees”) from any and all claims, Planning Services actions or proceedingsbrought 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. 47The applicant is responsible for paying all charges related to the Planning andBuilding 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 result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 48The property shall be developedsubstantially in accordance with plans Planning andBuilding and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department. Planning Services -14 -PC2021-007