Resolution-PC 2018-042RESOLUTION NO. PC2018-042
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05922,
VARIANCE NO. 2018-05103, AND PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00140
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00053)
(260 SOUTH EUCLID STREET)
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. 2017-
05922 to permit the construction of a new service station and convenience market, (ii) Variance No.
2018-05103 to allow front landscape setbacks less than required by the Anaheim Municipal Code (the
"Code"); and (iii) an associated Determination of Public Convenience or Necessity No. 2018-00140 to
permit the sale of beer and wine for off -premises consumption at that certain real property located at 260
South Euclid Street 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 0.52 -acres in size, is currently developed with a
service station containing a canopy with four pump islands and a convenience market. The Property is
located within the "C -NC" Neighborhood Center land use designation of the Anaheim General Plan.
The Property is also located in the "C -G" General Commercial Zone and is subject to the zoning and
development standards contained in Chapter 18.08 (Commercial Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 20, 2017 at 5:00 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to
hear and consider evidence for and against proposed Conditional Use Permit No. 2017-05922, Variance
No. 2018-05103, and Public Convenience or Necessity No. 2018-00140, and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the effects of the Proposed
Project are typical of those generated within that class of projects (i.e., Class 3 — New Construction)
which consists of construction and location of limited numbers of new, small facilities or structures, and
that, therefore, pursuant to Section 15303 of the CEQA Guidelines, the Proposed Project will not cause
a significant effect on the environment and is, therefore, categorically exempt from the provisions of
CEQA; and
- I - PC2018 -042
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. 2017-05922, does find and determine the
following:
1) That the proposed use is properly one for which a conditional use permit is authorized by
the Code which allows a service station and convenience market to be constructed in the General
Commercial (C -G) Zone subject to approval of a conditional use permit pursuant to Section 18.08.030
of the Code; and
2) That the proposed use will not adversely affect the adjoining land uses, or the growth and
development of the area in which it is proposed to be located in that the new service station and
convenience market will replace an existing service station and convenience market and the new
buildings or structures of the Proposed Project are compatible with the scale, mass, bulk, and orientation
of existing buildings in the surrounding area; and
3) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area or health and
safety in that the Proposed Project is designed to ensure maneuverability that is compatible with the
adjacent commercial uses and therefore is not anticipated to adversely affect development of the area;
and
4) That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the traffic generated
by this use will not exceed the anticipated volumes of traffic on the surrounding street; and
5) That the granting of the conditional use permit under the conditions imposed, if any, will
not be detrimental to the health and safety of the citizens of the City of Anaheim in that the impact upon
the surrounding area has been mitigated to the maximum extent practicable in that site development
standards proposed for the Proposed Project are consistent with the development standards of the "C -G"
General Commercial zone, with the exception of the variances described below.
WHEREAS, based upon the request letter submitted by the applicant and observations made by
staff, the Planning Commission does further find and determine that the request for Variance No. 2018-
05103 for front landscape setbacks less than required by the Code should be approved for the following
reasons:
SECTION NO. 18.08.060.010.0101 Minimum front landscaped setback
(15 feet required; 10 feet proposed along Broadway, 3
feet proposed along Euclid Street)
1. That there are special circumstances applicable to the Property, including size, shape, location
and surroundings, which do not apply to other property under the identical zoning classification in the
vicinity of the Proposed Project. The subject property has a proposed width and depth of 150 by 143
feet (which includes a 7 -foot street dedication along Euclid Street), and a net lot area of 0.49 acres, while
corner lots in the immediate vicinity have similar lot widths and sizes that are developed with commercial
uses that do not have the same circulation constraints that a service station has due to the area needed to
accommodate the turning radius for fuel tanker trucks, a 7 -foot dedication along Euclid Street for a new
- 2 - PC2018 -042
public sidewalk and landscape parkway, standards for placement of fuel tanks, and the need to
accommodate vehicles maneuvering on-site.
2. That, because of these special circumstances, strict application of the Zoning Code deprives
the property of privileges enjoyed by other property under the identical zoning classification in the
vicinity because similar front landscape setback variances were previously -approved in 2016 for the
service station located at the northeast corner of La Palma Avenue and Magnolia Avenue, and in 2017
for the service station at the northeast corner of Beach Boulevard and Ball Road.
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. 2018-00140,
does find and determine the following facts:
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
-3 - PC2018 -042
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. 871.05 with a population of 4,635 that allows
for two off -sale ABC licenses. There is presently one off -sale ABC license in the tract. The Property is
located in Police Reporting District No. 1722, which has a crime rate that is 44 percent above the City-
wide 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 '/ mile of this Property is
173 percent above the City-wide average based upon calls for service. Since the crime rate is above the
city-wide average, a determination of "public convenience or necessity" is required.
6. The request to permit alcoholic beverage sales for off -premises consumption in conjunction
with a service station and convenience market would 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 guideline 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.
WHEREAS, this Planning Commission determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution, that the facts
stated in this Resolution are supported by substantial evidence in the record, including testimony
received at the public hearing, the staff presentations, the staff report and all materials in the project files.
There is no substantial evidence, nor are there other facts, that detract from the findings made in this
Resolution. This Planning Commission expressly declares that it considered all evidence presented and
reached these findings after due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning
Commission does hereby approve Conditional Use Permit No. 2017-05922, Variance No. 2018-05103
and Public Convenience or Necessity No. 2018-00140 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. 2017-05922, Variance No. 2018-05103 and Public Convenience or
Necessity No. 2018-00140 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.
- 4 - PC2018 -042
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 August
20, 2018. 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.
CHAIRPARSON, PLANNIN
OF THE CITY OF ANAHEI]
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2018 -042
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 August 20, 2018, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20'h day of August, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2018 -042
EXHIBIT "A"
DEV NO. 2017-00053
0"
so ioo
v
Feet
W PAMPAS LN
W BROADWAY
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
- 7 - PC2018 -042
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05922, VARIANCE NO. 2018-05103,
AND PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00140
(DEV2017-00053)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
1
Prior to issuance of a grading permit the final Water Quality
Public Works,
Management Plan (WQMP) shall be submitted for review and approval
Development Services
to Public Works Development Services and comply with the most
current requirements of the Orange County Drainage Area Management
Plan (DAMP).
2
A Right of Way Construction Permit shall be obtained from the Public
Public Works,
Works/Development Services for all work performed in the right -of-
Development Services
way. Parkway landscaping shall be constructed with the parkway
irrigation connected to the on-site irrigation system and maintained by
the property owner. The improvements shall be constructed prior to final
building and zoning inspections.
3
The developer/owner shall submit a set of improvement plans for Public
Public Utilities
Utilities Water Engineering review and approval in determining the
Water Engineering
conditions necessary for providing water service to the project.
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
4
The property owner shall irrevocably offer to dedicate to the City of
Public Works,
Anaheim an easement 60 feet in width from the construction centerline
Development Services
of Euclid Street and an easement 45 feet in width from the construction
centerline of Broadway for road, public utilities and other public
purposes. Corner cut-off dedication at Broadway Avenue and Euclid
Street is also required.
5
Euclid Street and Broadway shall be improved with (1) 5 -foot sidewalk
Public Works,
adjacent to the ultimate right-of-way and (2) planting and irrigation for
Development Services
the public parkway between new sidewalk and existing curb. The
parkway irrigation system shall be connected to the on-site irrigation
system and maintained by the property owner. Prior to issuance of a
building permit, The developer shall post a bond prior to issuance of
building permit to guarantee that the improvements are constructed prior
to final building and zoning inspection. [Anaheim Municipal Code
Section 18.04.080.060].
- 8 - PC2018 -042
- 9 - PC2018 -042
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
6
Public Right of Way landscape plans shall comply with the City of
Public Works,
Anaheim adopted Landscape Water Efficiency Guidelines. This
Development Services
ordinance is in compliance with State of California Model Water
Efficient Landscape ordinance
7
If the parcel was not legally created, the legal property owner shall
Public Works,
submit an application for a Subdivision Map Act Certificate of
Development Services
Compliance to the Public Works Department, Development Services
Division. A Certificate of Compliance or Conditional Certificate of
Compliance shall be approved by the City Engineer and recorded in the
Office of the Orange County Recorder prior to issuance of a building
permit
8
Curbs 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.
9
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.
10
Prior 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
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
12
A private water system with separate water service for fire protection,
Public Utilities,
domestic water, and/or irrigation shall be provided and shown on plans
Water Engineering
submitted to the Water Engineering Division of the Anaheim Public
Utilities Department.
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. Said information shall be specifically
shown on plans and approved by Water Engineering and Cross
Connection Control Inspector.
- 9 - PC2018 -042
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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 services, backflow equipment, and fire lines, shall be coordinated
Water Engineering
and permitted through Water Engineering Division of the Anaheim
Public Utilities Department.
15
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standards Specifications. Any water service and/or fire
line that does not meet current standards shall be upgraded if continued
Water Engineering
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.
16
The developer/owner shall submit to the Public Utilities Department
Public Utilities,
Water Engineering Division an estimate of the maximum fire flow rate
and maximum day and peak hour water demands for the project. This
Water Engineering
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.
17
The east wall of the convenience store building (zero setback wall) shall
Planning and Building
be constructed of building materials and anti -graffiti surfaces which
Department,
provide low maintenance to the satisfaction of the Director of Planning
and Building.
Planning Services
18
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
Certificate of Occupancy for the business.
Planning Services
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
19
The required public street improvements shall be completed to the
Public Works,
satisfaction of the City Public Works Inspector.
Development Services
20
All required BMP's per the approved final WQMP's shall be
Public Works,
operational to the satisfaction of the Public Works Inspector.
Development Services
- 10- PC2018 -042
- 11 - PC2018 -042
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
21
Owner shall install an approved backflow prevention assembly on the
Public Utilities,
water service connection(s) serving the property, behind property line
Water Engineering
in accordance with Public Utilities Department Water Engineering
Division requirements.
22
Curbs 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.
OPERATIONAL CONDITIONS
23
Ongoing during project operation, refueling tanker trailers shall not
Public Works,
block any portion of the public right of way.
Traffic Engineering
24
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.
25
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.
26
The area of alcoholic beverage displays shall not exceed 25% of the total
Police Department
display area in a building.
27
Sales of alcoholic beverages shall be made to customers only when the
Police Department
customer is in the building.
28
The possession of alcoholic beverages in open containers and the
Police Department
consumption of alcoholic beverages are prohibited on or around these
premises.
29
Any 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 of being applied.
30
Petitioner(s) shall police the area under their control in an effort to
Police Department
prevent the loitering of persons around the premises.
- 11 - PC2018 -042
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
31
There shall be no amusement machines or video game devices
Police Department
maintained upon the premises at any time.
32
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.
33
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.
34
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.
35
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.
GENERAL
36
The following minimum clearances shall be provided around all new and
Public Utilities,
existing water facilities (e.g. service laterals, meters, meter boxes,
backflow
Water Engineering
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.
- 12 - PC2018 -042
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
37
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 claims,
planning Services
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.
38
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
planning and Building
issuance of the final invoice or prior to the issuance of building permits
Department,
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
Planning Services
revocation of the approval of this application.
39
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant and
Department,
which plans are on file with the Planning Department.
Planning Services
40
All new landscaping shall be installed in conformance with Chapter 18.46
Planning and Building
"Landscape and Screening" of the Anaheim Municipal Code and shall be
Department,
maintained in perpetuity. Landscaping shall be replaced in a timely
planning Services
manner in the event that it is removed, damaged, diseased and/or dead.
-13 - PC2018 -042