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Resolution-PC 2014-110RESOLUTION NO. PC2014 -110 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014 -05746 AND VARIANCE NO. 2014 -04978 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00071) (3125 EAST ORANGETHORPE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition for (i) Conditional Use Permit No. 2014 -05746 to permit a convenience market with sales of beer and wine for off - premises consumption and a fast food restaurant in conjunction with an existing service station, and (ii) Variance No. 2014 -04978 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") for that certain real property located at 3125 East Orangethorpe Avenue, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "). Conditional Use Permit No. 2014 -05746 is proposed in conjunction with a request that the Planning Commission determine that the public convenience or necessity will be served by the issuance by the California Department of Alcoholic Beverage Control ( "ABC ") of a Type 20 (Off -Sale Beer and Wine) license (herein referred to as "Public Convenience or Necessity No. 2014 - 00110 ") to permit the sale of beer and wine for consumption off the licensed premises (herein referred to collectively as the "Proposed Project "); and WHEREAS, the Property, consisting of approximately 0.54 acres, is currently developed with a service station with automotive repair. The Property is located in the "C -G" Commercial General Zone. The Anaheim General Plan designates this Property for Low Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically, exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2014 - 05746, does find and determine the following facts: - 1 - PC2014 -110 I . The Proposed Project is properly one for which a conditional use permit is authorized under subsection .040 of Section 18.08.030 of the Code. 2. The Proposed Project will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the service station is existing and only a minor expansion is proposed. The project has been designed to minimize impacts to surrounding uses, including siting the trash enclosure away from residences and providing a new landscape buffer along the property lines adjacent to residential properties; 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is currently developed with a service station with only a minimal expansion; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. The service station is existing and the majority of customers visiting the convenience market and restaurant would be current service station customers; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission does further find and determine that the request for a variance to allow fewer parking spaces than required by the Code in conjunction with the service station with convenience market and restaurant should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (15 spaces required; 14 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. A parking justification letter was prepared by the applicant, determining that the number of parking spaces proposed will be sufficient to accommodate the uses on the site. Approximately 80% of customers are expected to order food or visit the convenience market while their vehicle is being fueled at the pump, thereby providing eight additional spaces for vehicles in addition to the 14 parking spaces proposed; 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the proposed parking will adequately accommodate the peak parking demands of the Proposed Project; 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on -site parking for the Proposed Project will adequately accommodate peak parking demands for the uses on the site; -2- PC2014 -110 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off - street parking areas or lots provided for the proposed uses because the service station is existing and the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Proposed Project. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014 -05746 and Variance No. 2014 - 04978, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -3- PC2014 -110 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 15, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLA G COMMISSION Q E CITY OF kNAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -1 10 EXHIBIT " A t' DEV NO. 2014 -00071 0 0 50 Source: Recorded Tract Maps and /or Citv GIS- Feet Please note the accuracy is +/- two to five feet. H�RpV AvE � pRN ►``�� +was *w`` - � � � � � w 1 -5 - PC2014 -110 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05746 AND VARIANCE NO. 2014-04978 (DEV2014- 00071) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMIT 1 The legal property owner shall execute and record a covenant in a form Public Works, satisfactory to the City Engineer and City Attorney to relocate at the Development Services property owner's sole expense the freestanding monument sign located within the ultimate right -of -way easement of Orangethorpe Avenue (60 feet from street centerline and corner cut -back) and existing right -of -way of Kraemer Boulevard (53 feet from street centerline). The relocation shall be in accordance with plans and specifications submitted to the City of Anaheim by the applicant, which plans are on file with the Planning Department. 2 The property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim by deed in a form satisfactory to the City Engineer an easement Development Services of 60 feet in width from the centerline of Orangethorpe Avenue and a corner cut -off dedication at Orangethorpe Avenue and Kraemer Boulevard for road, public utilities, and other public purposes. 3 The plans and specifications shall demonstrate the relocated propane tank Planning Department, to be installed in a horizontal orientation and screened from Planning Services Orangethorpe Avenue by shrubs. Division ON DURING PROJECT OPERATIONS 4 Managers /Owners shall call the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714 -558 -4101. 5 No display of alcoholic beverages shall be located outside of a building Police Department or within five (5) feet of any public entrance to the building. 6 There shall be no exterior advertising or sign of any kind or type, Police Department including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 7 The area of alcoholic beverage displays shall not exceed 25% of the total Police Department display area in a building. -6- PC2014 -110 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 Sale of alcoholic beverages shall be made to customers only when the Police Department customer is in the building. 9 The possession of alcoholic beverages in open containers and the Police Department consumption of alcoholic beverages are prohibited on or around these premises. 10 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of persons around the premises. 11 There shall be no amusement machines, video game devices, or pool Police Department tables maintained upon the premises at any time. 12 Loitering is prohibited on or around these premises or this area under the Police Department control of the licensee(s). 13 The parking lot of the premises shall be equipped with lighting of Police Department sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 14 Any Graffiti painted or marked upon the premises or on any adjacent Planning Department, area under the control of the licensee shall be removed or painted over Code Enforcement within 24 hours of being applied. Division GENERAL 15 The subject Property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Department, and Division as conditioned herein. 16 Conditions of approval related to each of the timing milestones above Planning Department, shall be prominently displayed on plans submitted for permits. For Planning Services example, conditions of approval that are required to be complied with Division prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 17 The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of the Planning Services issuance of the final invoice or prior to the issuance of building permits Division for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this a plication. -7- PC2014 -110 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 18 The Applicant shall defend, indemnify, and hold harmless the City and Planning Department, its officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnitees ") from any and all claims, Division 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. -8- PC2014 -110