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HomeMy WebLinkAbout07 - PH-1 - Appeal PA-07-43 A1 Hours of Operation - 9/4/2012CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 4, 2012 ITEM NUMBER: SUBJECT: APPEAL OF PLANNING APPLICATION AMENDMENT PA -07-43 Al FOR HOURS OF OPERATION FOR PROPOSED 7 -ELEVEN CONVENIENCE STORE 1548 ADAMS AVENUE, SUITE A DATE: AUGUST 23, 2012 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: CLAIRE FLYNN, ASST. DEVELOPMENT SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov RECOMMENDATION: Uphold or reverse the Planning Commission's decision to amend Conditional Use Permit PA -07-43 for hours of operation for an existing liquor store (Party Time Liquor) for a proposed convenience store (7 -Eleven). • Existing: Liquor store approved to be open from 8:00 am to 12:00 midnight, seven days a week. • Proposed: Convenience store proposed to be open 24 hours a day, seven days a week. • Approved: Convenience store to be open from 6:00 am to 12:00 midnight, seven days a week. BACKGROUND Project Site/Environs The project site is located on the north side of Adams Avenue, between Harbor Boulevard and Royal Palm Drive. The majority of the buildings in the 1500 Adams center are oriented towards Adams Avenue; the rear elevations of the buildings face towards Elm Avenue. The retail center was originally constructed in the 1960's which also coincides with the time the liquor store was established on the property. At that time, approval of a conditional use permit for liquor stores was not required. The property is zoned C1 and has a General Plan designation of General Commercial (Attachment 1). ANALYSIS: Amendment to Conditional Use Permit PA -07-43 The appellant's original request to amend PA -07-43 consisted of extending the approved hours of operation - 8:00 am to 12:00 midnight, seven days a week permitted for Party Time Liquor to 24 hours a day, seven days a week for a proposed 7 -Eleven convenience store. The interior space is proposed to be remodeled with new fixtures and finishes to accommodate the proposed convenience store, including, but not limited to, the following: ■ New interior lighting and camera monitors; • Modern coffee service islands; • Dairy and ice cream cases; ■ Islands for fresh fruit, salads, sandwiches, pizza, taquitos, barbeque wings and baked goods; ■ New Slurpee and soft drink bar. According to the appellant, the cost of the interior tenant improvements is estimated at $300,000. Because the existing Type "21" State Alcoholic Beverage Control (ABC License) for Party Time Liquor will be transferred to the proposed 7- Eleven convenience store (i.e., a person-to-person transfer), a finding of public convenience or necessity (PC or N) is not required. • Staff recommended denial of the 24-hour operations and the applicant did not agree with conditions of approval for modified hours and on-site security. The applicant proposed as an alternative to the originally requested 24 hour operation the hours of 5:00 am to 12:00 midnight and "roving" security personnel on a sporadic basis throughout the day. (Attachment 7). Planning Commission Action The Planning Commission considered the project at their August 13, 2012 meeting. Six area residents spoke and three persons submitted email correspondence, all in opposition to the request, citing loitering, litter, and crime problems at the rear of the property, adjacent to Elm Avenue (Attachment 4). The Planning Commission considered comments from the public, the applicant's justifications for approval, and the property owner's assurance that impacts could be managed. The draft meeting minutes are attached (Attachment 5). C;r The Commission decided on a 4 to 1 vote (Chair McCarthy voting no) to approve the request subject to the following conditions of approval (Attachment 6): 1. All applicable original conditions of approval for PA -07-43 shall be complied with. 2. Hours of operation shall be limited to 6:00 am to 12:00 midnight seven days a week.` 3. The 7 -Eleven business operator shall contract with a security company to provide a roving security patrol for the 7 -Eleven convenience store. Specifically, the security guard must be on-site to monitor the 1548 Adams Avenue property with a minimum of one on-site visit per hour between the hours of 6:00 am to 8:00 am, and between 10:00 pm to 12:00 midnight. These on-site patrols shall be documented in security report(s) which shall be made available upon request by the Development Services Director.' 4. No outside pay phones (exterior to the building) shall be located at 1548 Adams Avenue. 5. Outdoor display or advertising of goods exterior to the building is expressly prohibited, excluding signage permitted by Code. 6. A review of PA -07-43 Al shall be considered by the Planning Commission during a noticed public hearing within one year from the date of store opening. The review shall include, but not be limited to, validation of compliance with the conditions of approval contained herein, summary of any security/safety issues, and other relevant analysis. Planning Commission may require the modification or revocation of Planning Application PA -07-43 Al and/or pursue other legal remedies as may be deemed appropriate by the City Attorney, if the Planning Commission finds the use as operated or maintained: (a) constitutes a public nuisance or (b) does not comply with conditions of approval. 7. The approved use shall be limited to the operation of a 7 -Eleven convenience store as described in the staff report. Any change in the operational characteristics of the 7 - Eleven convenience store, including, but not limited to, modified business hours and change of the convenience store to a different brand other than 7 -Eleven, shall result in the nullification of the amendment to PA -07-43. Specifically, unless prior approval from the Planning Commission is obtained, for material changes the CUP shall revert to the original conditions of approval and operational characteristics for PA -07-43. *Condition numbers 2 and 3 above were cited by the appellant as the basis of the appeal. Appeal to City Council On August 20, 2012, an appeal of the Planning Commission's decision was filed by the applicant, specifically citing conditions two and three added by the Commission above (Attachment 3). It should be noted that the City Council hearing is a de novo hearing in which the City Council may consider the project in its entirety. De Novo Hearing The purpose of this report is to highlight and/or clarify the evidence in the administrative record that was presented to the Planning Commission prior to its action to approve the proposed project. This report does not contain any new evidence that was not considered by the Planning Commission nor provides any further justification for the approval of the request. A link to the online video of the Planning Commission hearing can be found at: http://costamesa.granicus.com/MediaPlayer.PhP?view id=10&clip id=1997 ALTERNATIVES CONSIDERED: As a de novo hearing, City Council has the following options in this case: A. Uphold the Commission's action with the conditions of approval as shown in the draft Council resolution (Attachment 2). Any other modifications to the conditions of approval (i.e., additions and deletions) can be made by Council as part of this action. B.Uphold Appellant's request to reverse Commission's action by specifically modifying or deleting conditions 2 and 3. ENVIRONMENTAL REVIEW The request has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities. If the request is denied, it is exempt from the provisions of CEQA Section 15270(a) for Projects Which Are Disapproved. GENERAL PLAN CONFORMITY With the recommended conditions of approval, the request will be consistent with surrounding uses, as specified in Objective LU -1F.2 of the General Plan Land Use Element. LEGAL REVIEW: The City Attorney's Office has reviewed the attached resolution and approved it as to form. CONCLUSION: De novo literally translates to "anew," "afresh" or "a second time." A de novo hearing is essentially a new proceeding where the proposal is presented to the City Council for final consideration. In its decision making, Council is not restricted to the evidence that was previously presented to the Planning Commission. In this case, the City Council may uphold or reverse the discretionary decision of the Planning Commission. Pi C� A MEL LEE, AICP WETR NAXVI Senior Planner Director of Economic & eve] Deputy CEO ATTACHMENTS: 1. Location Map and Plans 2. Draft City Council Resolution 3. Appeal 4. Correspondence 5. Planning Commission Minute Excerpts 6. Planning Commission Resolution 7. Planning Commission Reports And Attachments DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer Director of Economic & Development / Deputy CEO City Attorney Public Services Director Transportation Svs. Mgr. City Engineer City Clerk (9) Staff (7) File (2) Stantec Architecture Attn: Charles Michael Clements 19 Technology Drive, Suite 200 Irvine, CA 92618 Lend Lease Attn: Matt Sliwinski 800 W. 6th Street, 16th Floor Los Angeles, CA 90017 Citivest Commercial Attn: Ralph Deppisch 4340 Von Karman Avenue, Suite 110 Newport Beach, CA 92660 Sparks Enterprises, LP c/o Kenski Properties, Inc. 6621 E. Pacific Coast Highway, Suite 270 Long Beach, CA 90803 Tom Sparks 1500 Adams, Suite 300 Costa Mesa, CA 92626 James Hurzeler 1552 Elm Avenue, Unit A Costa Mesa, CA 92626 Bryan and Nicole Erickson 1552 Elm Avenue, Unit B Costa Mesa, CA 92626 Dale Allen 2849 Lemon Street, #C Costa Mesa, CA 92626 0 ATTACHMENT 1 LOCATION MAP AND PLANS Id AUONDIH - l � It -#'d 'N O MJ VH -17 4 iiiF r� -IW O 1 A � C� q Q� a' rt#y� I � iA 1 { � �_ � ����;'� CL '�- _SII e [ 3 -- f : ��,yh'� I - -.- t• r ' _ it 47 g oil MAIN i �4 � i. li Ir _ I� e�la �.�,���� �p .i�f�i1 ,-�.,c 1'M ■fit E - , i �� � �) � i i 1• `s;'' � 1S NOM_ .} r{ rj L � I _,i — NOW Jp LP •AI lSlkl r e •' 1 F 3 7 TI ` i J11- 1- Id AUONDIH CL 3 F� �:—•• - I j � It -#'d 'N O MJ VH MZ r� -IW O 1 A � C� q Q� a' rt#y� I � iA 1 J ra CL I l CL 3 F� �:—•• L� � It -#'d 'N O MJ VH MZ 1i7L3 lid C `r. 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Mw �i . ME or nnau Fon cx oaaonarxr Fao.ccr � s'!. slrz m Ar n L,rza +,c ax or mx on.exe rm am�c[ ca nexF¢ w y Fon esus or yuan waoc+ o aor G - r waprcxa ..o x.+oc comumroa� an uw o 7 -ELEVEN 1548 ADAMS AVECOSTA MESA, CA :qm �� ]0B NUMBER: 12-11-00967 W SSIPULATON FOR REUSE fco%aoiool. Mw �i . ME or nnau Fon cx oaaonarxr Fao.ccr � s'!. slrz m Ar n L,rza +,c ax or mx on.exe rm am�c[ ca nexF¢ w y Fon esus or yuan waoc+ o aor G - r waprcxa ..o x.+oc comumroa� an uw o ® z ® m 0 1E fD I ROYAL PALM DRI V E ----------------------- T_ nTG� _,.. O i. 1 D e, o v,— W I~, a LIMIT OF SCOPE --- I t ao 1 , r 1 t 1 13A'•1d• C4. Ln 17-v 7 1 '1 r � bra s°�a• zsa• ,e�a w , I r _ m 00 D n 0 '-0 1A'•0' ssa' R O Ifn -0 , ,m ,n 1 C D , i I m ai C o .o-.ae} t L — O r m r —rwa5 i -WR s�N�_ r------ 1 C z q$ _ — it I r<'I r I -- O ', I II o , 903 L I r c _.t 7E ��- -- .------------ =LF J DDS I� 1 i 4 I 1 � 1 1 ----------- - LIIT OF SCOPE mZ mZ. 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I r m ILL J i a I 1 ----------- ----.-______ LIMIT OF 5COPE nma• I 27C-0• W A R B 0 R B O U L E V A R D - - - - - - - LP_ �J L co En r 9 ,-T Ll LTJ C (D CL rT-1 CD 0 D FE ATTACHMENT 2 DRAFT CITY COUNCIL RESOLUTION i-7 RESOLUTION NUMBER 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING CONDITIONAL USE PERMIT AMENDMENT PA -07-43 Al FOR A 7 -ELEVEN CONVENIENCE STORE AT 1548 ADAMS AVENUE, SUITE A THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Stantec Architecture, representing Sparks Enterprises LP, owner of property located at 1548 Adams Avenue, Suite A requesting to amend Conditional Use Permit PA -07-43 for hours of operation for an existing liquor store (Party Time Liquor) for a proposed convenience store (7 -Eleven). • Existing: Liquor store approved to be open from 8:00 am to 12:00 midnight, seven days a week. • Proposed: Convenience store proposed to be open 24 hours a day, seven days a week. WHEREAS, on August 13, 2012, a duly noticed public hearing was held by the Planning Commission, which approved the convenience store subject to conditions of approval, including, but not limited to, the following: • Hours of operation shall be limited to 6:00 am to 12:00 midnight, seven days a week. • The 7 -Eleven business operator shall contract with a security company to provide a roving security patrol for the 7 -Eleven convenience store. Specifically, the security guard must be on-site to monitor the 1548 Adams Avenue property with a minimum of one on-site visit per hour between the hours of 6:00 am to 8:00 am, and between 10:00 pm to 12:00 midnight. These on-site patrols shall be documented in security report(s) which shall be made available upon request by the Development Services Director. WHEREAS, on August 20, 2012, the Planning Commission's decision for PA -07-43 Al was appealed by the applicant and the above specific conditions of approval were cited as the basis of the appeal; WHEREAS, a duly noticed public hearing was held by the City Council on September 4, 2012. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the City Council hereby APPROVES PA -07-43 Al. Ii BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for PA -07-43 Al and upon applicant's compliance with each and all of the conditions contained in Exhibit B as well as with compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. PASSED AND ADOPTED this 4th day of September, 2012. ATTEST: CITY CLERK OF THE CITY OF COSTA MESA 19 ERIC BEVER Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY ATTORNEY STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 12 as considered at a regular meeting of said City Council held on the day of , 2012, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the day of , 2012, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2012 Qo EXHIBIT A FINDINGS A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: 1. A compatible and harmonious relationship exists between the proposed use and existing buildings, site development, and uses on surrounding properties. 2. Safety and compatibility of the design of the buildings, parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation. 3. The proposed use will comply with the performance standards as prescribed in the Zoning Code. 4. The proposed use is consistent with the General Plan. 5. The planning application is for a project -specific case and does not establish a precedent for future development. 6. The cumulative effect of all the planning applications have been considered. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) with regard to the conditional use permit because: a. The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. b. Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. C. Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. C. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines; and the City's environmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities. D. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. 11 EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. All applicable conditions of approval for PA -07-43 shall remain in effect, and are incorporated in their entirety herein: a. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of individual units, suites, buildings, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancylutilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. b. The conditional use permit herein approved shall be valid until revoked. However, the conditional use permit shall expire at the end of one (1) year unless a business license is obtained and/or the business legally commences or the applicant applies for and is granted an extension of time. The conditional use permit may be referred to the Planning Commission for modification or revocation at any time if the conditions of approval have not been complied with, if the use is operated in violation of applicable laws or ordinances or, if in the opinion of the Development Services Director or his designee, any of the findings upon which the approval was based are no longer applicable. Nothing in this condition shall exempt the applicant from complying with any time limits applied to any construction authorized by this application. c. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. d. The use shall be limited to the type of operation described in this staff report. Any change in the operational characteristics including, but not limited to, hours of operation, will require approval of an amendment to the conditional use permit, subject to Planning Commission approval. e. Wine shall not be sold in bottles or containers smaller than 750 milliliters. f. No sale of beer in single cans or bottles (any size) shall be permitted. This restriction is not intended to prohibit the sale of such beverages in kegs or other types of containers, with a volume of 2 or more gallons, which are clearly designed to dispense multiple servings. g. Beer, malt beverages, wine coolers or pre -mixed distilled spirit cocktails (if allowed by the license) packed in 16 -ounce containers or smaller, may not be sold as single containers, but must be sold in manufacturer pre-packaged multi -unit quantities. h. Beer or wine shall not be displayed or sold from an ice tub or any t Z), other type of portable refrigerated unit. i. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The business operator shall institute whatever security and operational measures are necessary to comply with this requirement. j. The business operator shall post signs inside and outside the premises prohibiting the on-site consumption of alcoholic beverages and loitering. k. The business operator shall post signs inside and outside the premises in compliance with the City of Costa Mesa Municipal Code notifying the public with regard to the prohibition of open containers of alcohol beverages. I. The business operator shall patrol the area over which the applicant has control in an effort to prevent the loitering of persons about the premises during hours the business is open. (See also: Security condition no. 3). m. Except as permitted by the City of Costa Mesa Municipal Code for temporary window signs, windows shall not be blocked or obscured. Ping. 2. Hours of operation shall be limited to 6:00 am to 12:00 midnight, Comm. seven days a week. 3. The 7 -Eleven business operator shall contract with a security company to provide a roving security patrol for the 7 -Eleven convenience store. Specifically, the security guard must be on-site to monitor the 1548 Adams Avenue property with a minimum of one on- site visit per hour between the hours of 6:00 am to 8:00 am, and between 10:00 pm to 12:00 midnight. These on-site patrols shall be documented in security report(s) which shall be made available upon request by the Development Services Director. 4. No outside pay phones (exterior to the building) shall be located at 1548 Adams Avenue. 5. Outdoor display or advertising of goods exterior to the building is expressly prohibited, excluding signage permitted by Code. 6. A review of PA -07-43 Al shall be considered by the Planning Commission during a noticed public hearing within one year from the date of store opening. The review shall include, but not be limited to, validation of compliance with the conditions of approval contained herein, summary of any security/safety issues, and other relevant analysis. Planning Commission may require the modification or revocation of Planning Application PA -07-43 Al and/or pursue other legal remedies as may be deemed appropriate by the City Attorney, if the Planning Commission finds the use as operated or maintained: (a) constitutes a public nuisance or (b) does not comply with conditions of approval. 7. The approved use shall be limited to the operation of a 7 -Eleven convenience store as described in the staff report. Any change in the operational characteristics of the 7 -Eleven convenience store, including, but not limited to, modified business hours and change of the convenience store to a different brand other than 7 -Eleven, shall result in the nullification of the amendment to PA -07-43. Specifically, unless 0�3 prior approval from the Planning Commission is obtained, for material changes the CUP shall revert to the original conditions of approval and operational characteristics for PA -07-43. A4 ATTACHMENT 3 APPEAL CITY OF COSTA MESA P. 0. Box 1200 Costa Mesa, CA 92628-1200 FEE: $ 1 , 220 pO APPLICATION FOR REVIEW, APPEAL OR REHEARING Applicant Name Stantec Architecture, C. M. Clements Address 19 Technology Dr. Site #200. Irvine. Ca 92618 Phone 949-923-6118 Representing` 7 -Eleven / Lend Lease, Matt Sliwinski REQUESTFOR: n REVIEW** XAPPEAL REHEARING Decision of which review, appeal or rehearing is requested: (give number of rezone, zone exception, ordinance, etc., if applicable, and the date of the decis on, it known.) Project # PA -07-43 A1. 1548 Adams Ave #A public hearing date Aug 13 2012 Planning Commission Resolution PC -12-30 Decision by: R �y i% C7 For office use only — do not write below this line Cn Sf HFU II FD EOR THF CITY C011Nr91 IPI ANNIN(` COM lgglr)t4 MFFTIAC` ()F If _ review, appeal or rehearing is for person or body other than City Council/Planning fernmissia 1, date-0"eariaf] -4--4-M., appeal of reheedng proof of agency, " Review may be requested only by City Council or City Council Member Costa 12(e ATTACHMENT 4 CORRESPONDENCE Z7 COLGAN, JULIE Page 1 of 1 V(. y From: J H [tri4fun01 @yahoo.com] Sent: Thursday, August 09, 2012 10:06 PM To: PLANNING COMMISSION; BEVER, ERIC; LEECE, WENDY; MONAHAN, GARY; RIGHEIMER, JIM; MENSINGER, STEPHEN Cc: wendycrandall@yahoo.com; Mikey McNiff; nicole.erickson82@gmail.com; Julie Donohue Subject: PA -07-43 Al Hearing to Amend Conditional Use Permit have just been notified by my neighbor that the 7 -Eleven market that is proposed to go into the space vacated by Party Time Liquor store occupying 1548 Adams Avenue, Costa Mesa, CA 92626 is requesting to be permitted to operate 24 hours a day. I was told that we would be notified by the City of Costa Mesa before a hearing was held, but I received no such notification from the City Planning department. The 1548 Adams Avenue property has long attracted a variety of undesirable activity, crime, disturbances, noise, vagrants fighting in the parking lots, homeless squatting, drug sales, loitering and traffic. We have had the pleasure of a brief reprieve from some of these activities since the closing of Party Time Liquor which just reinforces the fact that another market in such close proximity to our residential neighborhood is contrary and disruptive to the needs of the residents. This market is not needed and would be located directly across Adams from a grocery store and a convenience store already providing the same products. A 24 hour operation is inviting an even higher level of disturbances for this neighborhood and is ill- advised. Traffic prior to the construction at this location has been disruptive at all hours of the day and night, with tires squealing and speeding cars coming from the liquor store and cutting through from Adams Street. With the recent widening of the through area I expect traffic will be even worse This property is directly across a single lane residential street and directly facing a block of triplexes and duplexes which are homes to children and families. I was told when speaking with the planning department that they advised against 24-hour operation at this property. I urge you to protect the needs of the Costa Mesa residents in our neighborhood rather than catering to the desires of the developers and 7 -Eleven. Please do whatever is necessary to preserve and protect the peace and safety of our community, children and residents. Thank you, James Hurzeler 1552 Elm Ave Unit A Costa Mesa CA 92626 O 08/10/2012 COLGAN, .JULIE From: Sent: To: Cc: Nicole Erickson [nicole.erickson82@gmail.com] Friday, August 10, 2012 6.32 PM Nicole Erickson Page 1 of 1 PLANNING COMMISSION; BEVER, ERIC; LEECE, WENDY; MONAHAN, GARY; RIGHEIMER, .JIM; MENSINGER, STEPHEN Subject: PA -07-43 Al Nearing I have been notified by my neighbor that the 7 -Eleven market that is proposed to go into the space vacated by Party Time Liquor store occupying 1548 Adams Avenue, Costa Mesa, CA 92626 is requesting to be permitted to operate 24 hours a day. I was told that we would be notified by the City of Costa Mesa before a hearing was held, but I received no such notification from the City Planning department. My neighbors and are strongly opposed to the allowance of a 24 hour convenience mart facility. The property at that address has attracted a myriad of vagrants, homeless, underage drinkers, drug transactions, noise disturbances, and more than undesirable activity over the years. With the invitation of an 'all hours hangout' I can only anticipate the frequency of these instances to increase exponentially and expand their radius of impacted neighbors. The already widened access drive for the new shopping center will produce more than enough traffic, additional noise, general loitering, and potential for speeding vehicles than we deserve. With a Vons Grocery right across the street open until 2 am and another 7 -Eleven location only one and half blocks down, the need for another location is completely nonsensical. I would hope you aim to improve the overall stereotype of Costa Mesa by helping its businesses be positive contributions to their neighboring residents. Everyone desires peace, prosperity, and safety for their community. Please do your due diligence in keeping us citizens informed and listening whole-heartedly to concerns. We are the people impacted each and every day by the decision. You would expect the same level of respect and consideration. Regards, Bryan and Nicole Erickson 1552 Elm Ave #B Costa Mesa, CA 92626 ,2q 08/13/2012 Page 1 of 1 COLGAN, JULIE V i, From: Dale Allen [dmallen58@yahoo.comj Sent: Monday, August 13, 2012 11:03 AM To: PLANNING COMMISSION Cc: wendycrandall@yahoo.com Subject: Opposed to Application #PA -07-43 Al, address of: 1548 Adams Ave. #A Attachments: To City of Costa Mesa 8 13 12.docx To: City Of Costa Mesa, CA. From: ©ale M. Allen Residence: 2849 Lemon St # C, Costa Mesa, CA. 92626-(317) 728-0984 This letter is regarding the Application #PA -07-43 Al, address of: 1548 Adams Ave. #A. Let this serve as my strong opposition to this being approved by the city of Costa Mesa. This area already has problems with intoxicated people in the parking lot and homeless people. It is my opinion that if a 24 hour store is available it will only attract further issues and as such more undesirable people to the parking lot and surrounding areas. am unable to attend the meeting scheduled for Aug 13, 2012 @ 6:00 PM. My representative who plans to attend in person is Wendy Crandall of 1544 Elm Ave, #A, Costa Mesa, Ca. 92626 of which I have copied on this e-mail. Thank you in advance for your consideration regarding my opposition to this approval. Dale M. Alien Cell 0 (317) 728-0984 dmalienS8�Iahoo. corn KIN 08/13/2012 Lend Lease August 13, 2012 Planning Application Amendment PA -07-43 Al for hours of operation for proposed 7 -Eleven Convenience Store 1548 Adams Ave., Suite A To whom it may concern, The following is a Rebuttal to the Staff Report issued August 13, 2012. The points are in order as to the manner of the "Staff Justifications for Denial ". Rebuttal to the Planning Staff's denial For Amending Conditional Use Permit PA -07-43 for 24 Hour Operation of a new 7 -Eleven Convenience Store. • This property is Zoned C 1 and has a General Pian Designation of General commercial and 24 hour operation is allowed in this zone. • The existing CUP approves hours of operation from 8:OOAM to 12:OOPM. • We had proposed 5:00 AM to 12:OOPM. • #1 The property is within 200' of an R zone however the store is located on the far end of the site. • #2 With regards to graffiti and litter problems there has not been a complaint since 5- 17-2010. • #3 Since the Notifications to the public as of 8-6-2012, negative responses, that we aware of have been few. • #4 The Paul Mitchell Academy was a school and had a relativity large number of students congregating in a small area. No matter how you look at it 7 -Eleven cannot be compared to a school. • 7 -Eleven has a "coming of age program" dealing with the sales of restricted items to minors. All employees are educated in this program. • 7 -Eleven has cameras inside and out that operate 24 Hours a day to monitor all activity that goes on around site. Lend Lease (US) Construction Inc. Telephone 213.430-4660 CA State Contractor's License 9483550 800 West 6t" Street, 1e Floor FaGSMle 213-4304667 Los Angeles, CA 90017 vnm.lendlease.corn 1 Lend Lease • 7 -Eleven does not allow loitering and any consumption on site. The employees are directed to notify the Police if any violations are noticed. We have a ZERO tolerance policy on these matters. • We could find no convictions for Party Time Liquor for sell of Alcohol to minors. • When we first contacted the Police Department we were told that it was an area with little crime. We don't feel that 7 -Eleven is going to turn this area into a criminal hot spot. We will not allow this to occur! • #5 7 -Eleven does a larger majority of its business in the Late and Early morning hours for people going to and from work. In order to provide them with drinks and snacks for their work commute 7 -Eleven needs to be open early • #6 This is not a bar in a high crime district it is a Convince Store. #7 If these stores are allowed to operate as listed why is this particular 7 -Eleven being singled out for restriction? • #8 We disagree that the store is not consistent with the City's General Plan. • The zoning is CI and General Commercial. The Building is located within an area that is being updated with new commercial and retail buildings being constructed. WE are located on a very busy main street that is active 24 hours a day. A Conditional Use Permit is just that, Conditional. If 7 -Eleven is given an opportunity to show aur value to the City and fails the CUP could be reheard and new conditions applied if necessary. 7 -Eleven feels that we would be an asset to this community and all that live here and asks for an opportunity to prove it. Matt Sliwinski PROJECT MANAGER (714) 369 9846 Page 2 of 2 �� � .. - � 4� _ 11���!�wr e��� i�r F � �. _ —�.�• • - 1 �Ih F�19 �jE. s�l I E � © �f��, _ _ �i � �_ i,�7 ... y. J, •• - •�� it I ' cgs tM # ;PC -,ice X I SL ly - IN f (u ca r �) rp TO 1-0 LO v DOW- 1 • �.lf ' I �__ ! - !! ` _ .iii - � i 3 � I m 1W -] m X Z3 n Ln a � 0 G1 I Iul m ROYAL PALM DRIVE I f I, IX I I f�, ROYAL PALM DRIVE i" r i ------------------ y� 8� n w� d N n � �C=111 N m X Z3 n Ln a � 0 G1 I Iul m ROYAL PALM DRIVE I f I, IX I I f�, ROYAL PALM DRIVE i" r i ------------------ ATTACHMENT 5 PLANNING COMMISSION MINUTE EXCERPTS 39 4. Application No.: PA -07-43 Al Applicant: Stantech Architects Site Address: 1548 Adams Ave., #A Zone: C1 Project Planner: Mel Lee Environmental Determination: Exempt Description: Amend Conditional Use Permit PA -07-43 for hours of operation for an existing liquor store (Party Time Liquor) to allow 24-hour operation for a proposed convenience store (7 -Eleven). • Existing: Liquor store approved to be open from 8:00 am to 12:00 midnight, seven days a week. • Proposed: Convenience store proposed to be open 24 hours a day, seven days a week. Chair McCarthy asked if there is anything in the conditions that is controlling the outdoor pay phones at this location and expressed concerns about crime. Mr. Lee responded that a condition can be added. Chair McCarthy also expressed his concerns about keeping a clean store front. Commissioner Salcedo asked about 7-11 selling liquor and how the 200 foot from residential area is measured. Mr. Lee responded that 7-11 does not sell liquor and they measure it from the edge of the property line. Ms. Flynn indicated that the intent of the zoning code is to measure impacts with regards to residential uses from the outside perimeter of the property, not necessarily from the location of the tenant space. The reason being is that the impacts such as: loitering, vagrancy, noise, could occur anywhere on the property not necessarily where the store space is located. Vice Chair Clark asked about staff's objection to the morning hours between five o'clock to eight o'clock. Mr. Lee responded that the noise and traffic are the concerns. Matt Sliwinski, applicant, stated that it is imperative that they have extended hours at this location, mainly in the morning for the coffee rush, and he is willing to accept the condition for the store to open from 5:00 am to midnight. Commissioner Dickson expressed his concern about the clientele that might be drawn and asked the applicant about the training the clerks. The applicant responded that the franchisee and their managers are trained to contact the police if they see any type of these problems occurring. Also, there is a panic button under every counter for sales associate to use; and no pay phones. Commission Dickson also expressed his concerns with their security measures and using only the police as a resource. Mr. Sliwinski responded by stating that the security measures they take involve camera's operating 24 hours with video and audio recording, incidents are reported to the police, and training of the staff. Chair McCarthy stated his concerns about this 7-11 becoming like Baker St with homeless sleeping outside, littering, and loitering. 069 PUBLIC COMMENTS: Jim Hurzeler, resident, stated his concerns with the loitering outside. Wendy Crandall, resident, commented on there being a lot of vagrancy, fights, and drug dealers. Nicole Erickson, resident, commented on her concerns with the loitering, daily drug transactions, trash, and traffic that already exist in this area. Jessica Cotner, resident, commented that she does not want the store to open before eight because of traffic and safety reasons. Blake, resident, stated his concerns about the foot traffic, loitering, and traffic. Tom Sparks, property owner, stated these problems can be addressed by property management. John Hill, architect for the property, stated that with the newly revised plans drivers now have accessibility to leave through the Adams parking lot and speed bumps are being added to reduce the speeding through the property. Tristan Suddahmen, resident, commented that there have been problems with vagrancies trying to sleep in the office building next door. Matt Swilinksi, applicant, gave a rebuttal statement that he believes having the 7-11 there from five to midnight will not add any new incidents and they are adding value by replacing a liquor store with a convenience store. Vice Chair Clark asked Mr. Lee about what would happen in the event of a denial of this application and what would go in there. Mr. Lee responded with stating that the CUP is for approval for a liquor store or a convenience market from eight to midnight as long as they follow the conditions. Commissioner Dickson commented that one of the conditions of approval is that the store must operate for the quiet enjoyment of the neighborhood. Commissioner Salcedo stated he would like there to be security cameras and lighting in the back. Vice Chair Clark, Commissioner Salcedo, Commissioner Dickson, and Commissioner Mathews agreed that a 7-11 is better to have vs. a liquor store. Commissioner Mathews commented that he would like to see on-site security guards during the day. MOTION: Planning Commission approve PA -07-43 Al based on the evidence in the record and finding in Exhibit A, subject to the conditions in Exhibit B with the following changes: ,33 No. 2: Hours of operation shall be limited to 6:00 am to 12:00 midnight, seven days a week. No. 3: The 7 -Eleven business operator shall contract with a security company to provide a roving security patrol for the 7 -Eleven convenience store. Specifically, the security guard must be on-site to monitor the 1548 Adams Avenue property with a minimum of one on-site visit per hour between the hours of 6:00 am to 8:00 am, and between 10:00 pm to 12:00 midnight. These on-site patrols shall be documented in security report(s) which shall be made available upon request by the Development Services Director. No. 4: No outside pay phones (exterior to the building) shall be located at 1548 Adams Avenue. No. 5: Outdoor display or advertising of goods exterior to the building is expressly prohibited, excluding signage permitted by Code. No. 6: A review of PA -07-43 Al shall be considered by the Planning Commission during a noticed public hearing within one year from the date of store opening. The review shall include, but not be limited to, validation of compliance with the conditions of approval contained herein, summary of any securitylsafety issues, and other relevant analysis. Planning Commission may require the modification or revocation of Planning Application PA -07-43 Al andfor pursue other legal remedies as may be deemed appropriate by the City Attorney, if the Planning Commission finds the use as operated or maintained: (a) constitutes a public nuisance or (b) does not comply with conditions of approval. No. 7: The approved use shall be limited to the operation of a 7 -Eleven convenience store as described in the staff report. Any change in the operational characteristics of the 7 -Eleven convenience store, including, but not limited to, modified business hours and change of the convenience store to a different brand other than 7 -Eleven, shall result in the nullification of the amendment to PA -07-43. Specifically, unless prior approval from the Planning Commission is obtained, for material changes the CUP shall revert to the original conditions of approval and operational characteristics for PA -07-43. Moved by Vice Chair Clark, seconded by Dickson. The motion carried by the following roll call vote: Ayes: Clark, Dickson, Salcedo, Mathews Noes: McCarthy Absent: None The Chair explained the appeal process. N ATTACHMENT 6 PLANNING COMMISSION RESOLUTION 5q RESOLUTION NO, PC-12-� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING CONDITIONAL USE PERMIT AMENDMENT PA -07-43 Al FOR A 7 -ELEVEN CONVENIENCE STORE AT 1548 ADAMS AVENUE, SUITE A THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Stantec Architecture, representing Sparks Enterprises LP, owner of property located at 1548 Adams Avenue, Suite A requesting to amend Conditional Use Permit PA -07-43 for hours of operation for an existing liquor store (Party Time Liquor) to allow 24-hour operation for a proposed convenience store (7 -Eleven). • Existing: Liquor store approved to be open from 8:00 am to 12:00 midnight, seven days a week. • Proposed: Convenience store proposed to be open 24 hours a day, seven days a week. WHEREAS, a duly noticed public hearing was held by the Planning Commission on August 13, 2012, with all persons having the opportunity to speak for and against the proposed project. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the Planning Commission hereby APPROVES PA -07-43 Al, with modifications to the originally -requested hours of operations and subject to conditions with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for PA -07-43 Al and upon applicant's compliance with each and all of the conditions contained in Exhibit B as well as with compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. 40 PASSED AND ADOPTED this 13th day of August, 2012 Colin McCarthy, Chair �� Costa Mesa Planning Corn sion 41 STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, Claire Flynn, secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on August 13, 2012, by the following votes: AYES: Clark, Dickson, Salcedo, Mathews NOES: McCarthy ABSENT: NONE ABSTAIN: NONE Secretary, Costa M s Planning Commissio EXHIBIT A FINDINGS A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: 1. A compatible and harmonious relationship exists between the proposed use and existing buildings, site development, and uses on surrounding properties. 2. Safety and compatibility of the design of the buildings, parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation. 3. The proposed use will comply with the performance standards as prescribed in the Zoning Code. 4. The proposed use is consistent with the General Plan. 5. The planning application is for a project -specific case and does not establish a precedent for future development. 6. The cumulative effect of all the planning applications have been considered. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) with regard to the conditional use permit because: a. The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. b. Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. C. Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. C. The project has been reviewed for compliance with, the California Environmental Quality Act (CEQA), the CEQA Guidelines; and the City's environmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities. D. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. TJ EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. All applicable conditions of approval for PA -07-43 shall remain in effect, and are incorporated in their entirety herein: a. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of individual units, suites, buildings, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. b. The conditional use permit herein approved shall be valid until revoked. However, the conditional use permit shall expire at the end of one (1) year unless a business license is obtained and/or the business legally commences or the applicant applies for and is granted an extension of time. The conditional use permit may be referred to the Planning Commission for modification or revocation at any time if the conditions of approval have not been complied with, if the use is operated in violation of applicable laws or ordinances or, if in the opinion of the Development Services Director or his designee, any of the findings upon which the approval was based are no longer applicable. Nothing in this condition shall exempt the applicant from complying with any time limits applied to any construction authorized by this application. c. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancylutilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. d. The use shall be limited to the type of operation described in this staff report. Any change in the operational characteristics including, but not limited to, hours of operation, will require approval of an amendment to the conditional use permit, subject to Planning Commission approval. e. Wine shall not be sold in bottles or containers smaller than 750 milliliters. f. No sale of beer in single cans or bottles (any size) shall be permitted. This restriction is not intended to prohibit the sale of such beverages in kegs or other types of containers, with a volume of 2 or more gallons, which are clearly designed to dispense multiple servings. g. Beer, malt beverages, wine coolers or pre -mixed distilled spirit cocktails (if allowed by the license) packed in 16 -ounce containers or smaller, may not be sold as single containers, but must be sold in manufacturer pre-packaged multi -unit quantities. h. Beer or wine shall not be displayed or sold from an ice tub or any 44 other type of portable refrigerated unit. i. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The business operator shall institute whatever security and operational measures are necessary to comply with this requirement. j. The business operator shall post signs inside and outside the premises prohibiting the on-site consumption of alcoholic beverages and loitering. k. The business operator shall post signs inside and outside the premises in compliance with the City of Costa Mesa Municipal Code notifying the public with regard to the prohibition of open containers of alcohol beverages. I. The business operator shall patrol the area over which the applicant has control in an effort to prevent the loitering of persons about the premises during hours the business is open. (See also: Security condition no. 3). m. Except as permitted by the City of Costa Mesa Municipal Code for temporary window signs, windows shall not be blocked or obscured. Ping. 2. Hours of operation shall be limited to 6:00 am to 12:00 midnight, seven Comm. days a week. 3. The 7 -Eleven business operator shall contract with a security company to provide a roving security patrol for the 7 -Eleven convenience store. Specifically, the security guard must be on-site to monitor the 1548 Adams Avenue property with a minimum of one on-site visit per hour between the hours of 6:00 am to 8:00 am, and between 10:00 pm to 12:00 midnight. These on-site patrols shall be documented in security report(s) which shall be made available upon request by the Development Services Director. 4. No outside pay phones (exterior to the building) shall be located at 1548 Adams Avenue. 5. Outdoor display or advertising of goods exterior to the building is expressly prohibited, excluding signage permitted by Code. 6. A review of PA -07-43 Al shall be considered by the Planning Commission during a noticed public hearing within one year from the date of store opening. The review shall include, but not be limited to, validation of compliance with the conditions of approval contained herein, summary of any security/safety issues, and other relevant analysis. Planning Commission may require the modification or revocation of Planning Application PA -07-43 Al and/or pursue other legal remedies as may be deemed appropriate by the City Attorney, if the Planning Commission finds the use as operated or maintained: (a) constitutes a public nuisance or (b) does not comply with conditions of approval. 7. The approved use shall be limited to the operation of a 7 -Eleven convenience store as described in the staff report. Any change in the operational characteristics of the 7 -Eleven convenience store, including, but not limited to, modified business hours and change of the kT convenience store to a different brand other than 7 -Eleven, shall result in the nullification of the amendment to PA -07-43. Specifically, unless prior approval from the Planning Commission is obtained for material changes, the CUP shall revert to the original conditions of approval and operational characteristics for PA -07-43.