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Resolution-PC 2010-081RESOLUTION NO. PC2010 -081 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05511 (DEV2010- 00101) (3901 EAST RIVERDALE AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 -05511 to permit the expansion of an existing service station convenience market and to permit the sales of beer and wine for off -site consumption in conjunction with a Request for Determination of Public Convenience or Necessity No. 2010 -00069 for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached hereto and incorporated herein by this reference. WHEREAS, this property is developed with a service station and convenience market located in the C -G (General Commercial) zone and the Anaheim General Plan designates the property for commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 13, 2010, at 5:00 p.m., notice of said public hearing having been duly given as required by Iaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. The request to permit the expansion of an existing service station convenience market and to permit the sales of beer and wine for off -site consumption is properly one for which a conditional use permit is authorized under Code Section Nos. 18.08.030 (Primary Uses, Commercial Zones) and 18.38.070 (Automobile Service Stations) and 18.38.110 (Convenience Stores) of the Anaheim Municipal Code. 2. The proposed expansion of an existing service station convenience market and to permit the sales of beer and wine for off -site consumption 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 this is a minor expansion of an existing use located within an commercial zone with similar surrounding uses and adequate distance separation from residential uses. 1 PC2010 -081 3. The size and shape of the site for the use 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 of the citizens of Anaheim because this is a minor expansion of an existing service station convenience market and the sales of beer and wine for off -site consumption will not impact the development of the area. 4. 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 volume of traffic planned for the streets and highways in the area. 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 as the existing land use will continue to be compatible with the surrounding area and the proposed sales of beer and wine are not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05511 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject 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 Anaheim Municipal 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Conditional Use Permit is approved without limitations on the duration of the use. Amendments, modifications and revocations 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 Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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. 2 PC2010 -081 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 13, 2010. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, AN 4 ' 'IM CITY PLANNING COMMISSION I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 13, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, PERSAUD, SEYMOUR NOES: COMMISSIONERS: RAMIREZ ABSTAINED: COMMISSIONERS: KARAKI ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of September 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2010 -081 I APN: 360-261-031 50 100 EXHIBIT "A" DEV2010 -00101 E RIVERDALE AVE 4 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11012 PC2010 -081 NO. CONDITIONS OF APPROVAL PRIOR TO BUILDING PERMIT Prior td approval of permits for improvement plans, the 1 property owner /developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. PRIOR TO CONSTRUCTION 2 GENERAL 3 4 5 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05511 (DEV2010- 00101) The waste oil tank shall be removed prior to construction of the expanded convenience market. A UST Removal Permit shall be obtained from the Fire Department prior to initiating the removal of the tank, which must be performed in accordance with the Fire Department's UST Removal Specifications and Requirements. Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Adequate lighting of parking lots, passageways, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. -5- SIGNED OFF REVIEW BY BY Public Utilities, Electrical Engineering Fire Department Public Utilities, Electrical Engineering Public Utilities, Electrical Engineering Police Department PC2010 -081 SIGNED OFF NO. CONDITIONS OF APPROVAL REVIEW BY BY 6 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 7 Parking areas shall have appropriate signs per 22658(a) C.V.C. posted, to assist in removal of vehicles at the property owners /managers request. 8 8 10 11 12 "No Trespassing 602(k) P.C." sign posted at appropriate place where visible to the public. Sign must be at least 2'x1' in overall size, with white background and black 2" lettering. File Emergency Listing Card, Form APD -281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: http:/ lwww.anaheim.net /article.asp ?id =678 All exterior doors to have adequate security hardware, e.g. deadbolt locks. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece. Wide -angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. Closed circuit television (CCTV) security cameras are recommended and shall be strategically located inside and outside the convenience store including the cashier's area and entrance /exit door. If security cameras are not monitored, signs indicating so should be placed at each camera. CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the tape. Police Department Police Department Police Department Police Department Police Department Police Department Police Department CCTV recordings should be kept for a minimum of 30 days before recorded over. CCTV videotapes should not be recorded over more than - 6 - PC2010 -081 NO. CONDITIONS OF APPROVAL 10 times per tape. Use of digital recording equipment as an alternative to videotape is encouraged. 13 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 14 That on -going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. 15 There shall be no public telephones on the property that are located outside the building and within the control of the applicant. Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines. 17 The subject property shall be developed substantially in accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan), 2 (Elevation Plans) 3 ( Floor Plans) and as conditioned herein. 16 7 SIGNED OFF REVIEW BY BY Police Department Code Enforcement Police Department Police Department Planning PC2010 -081