CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA RESOLUTION NO. CC

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1 CITY OF PALMDALE COUNTY OF LOS ANGELES, CALIFORNIA RESOLUTION NO. CC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT AND DENYING THE APPEAL FILED BY MR. EYAD ALI ALLOWING THE ESTABLISHMENT OF A CONVENIENCE STORE WITH TOBACCO AND ALCOHOL SALES INCLUDING A DISTANCE WAIVER LOCATED AT TH STREET EAST, SUITES A26, A27, AND A28 A. RECITALS WHEREAS, Mr. Eyad Ali has filed a timely appeal requesting that the City Council of the City of Palmdale reverse the approval of Conditional Use Permit , as approved by the Planning Commission on August 11, 2011, as described herein (hereinafter referred to as Application ). WHEREAS, The appeal application applies to the adoption of Resolution No. PC which approved the request to establish a convenience store with tobacco and alcohol sales and a distance waiver from existing residential uses and an existing incidental alcohol beverage establishment located at th Street East, Suites A26, A27, and A28, referred to on the County Assessor s role as APNs and and legally described on Attachment I hereto and shown on the map attached as Attachment II. WHEREAS, The Application, as contemplated, proposes to establish a convenience store use to include the sale of tobacco and alcohol. As proposed, the application includes a request for a waiver from the distance separation requirements for a new primary alcoholic beverage establishment and existing residential uses and an existing incidental alcoholic beverage establishment. WHEREAS, Zone designations on adjacent properties are R-1-7,000 (Single Family Residential 7,000 sf minimum lot size) to the south and west, C-3 (General Commercial) to the north and C-1 (Light Commercial) to the east. WHEREAS, This project is Categorically Exempt from California Environmental Quality Act (CEQA) review based on Section 15301, Class 1, of the California Environmental Quality Act (CEQA) Guidelines, which permits licensing of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination.

2 Page 2 WHEREAS, On August 11, 2011, the Planning Commission of the City of Palmdale conducted a duly noticed public hearing on the Application, and concluded said hearing on that date. WHEREAS, On August 18, 2011, a timely appeal of the Planning Commission approval of Conditional Use Permit was filed by the appellant, Mr. Eyad Ali, in accordance with Section of the Palmdale Zoning Ordinance. The appellant requested that the adoption of Resolution No. PC be overturned and grant the request to deny the approval of the Planning Commission of Conditional Use Permit WHEREAS, On October 13, 2011, the City of Palmdale City Council conducted a public hearing to revisit Conditional Use Permit Major Modification at the City Council Chamber, North Sierra Highway, Suite B, Palmdale, California 93550, and concluded that the conditional use is being conducted in compliance with the terms and conditions of Conditional Use Permit Major Modification in an appropriate manner and that no action to modify is necessary. WHEREAS, On December 7, 2011, the City of Palmdale City Council conducted a duly noticed public hearing on the appeal of the Planning Commission approval of Conditional Use Permit at the City Council Chamber, North Sierra Highway, Suite B, Palmdale, California and concluded said hearing on that date. WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Palmdale, as follows: Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Resolution, are true and correct. Section 2. Based upon substantial evidence presented to this Council during the above-referenced December 7, 2011, public hearing, including public testimony, and written and oral staff reports, this Council specifically finds as follows:

3 Page 3 (a) (b) The existing use is consistent with the goals, policies, and objectives of the General Plan because the General Plan Land Use Map designates the project site as NC (Neighborhood Commercial), which permits the establishment of a convenience store use including the sale of tobacco and alcohol products, subject to approval of a Conditional Use Permit. The proposed use will provide a convenience to patrons within the vicinity of the project site by providing sales of convenience merchandise, tobacco / tobacco related products and alcohol products. Further, the project is located within a multi tenant commercial building within an existing shopping center as approved under Conditional Use Permit and Conditional Use Permit Major Modification designed and constructed in compliance with the standards of the General Plan, Zoning Ordinance in effect at that time of approval. Except for minor interior alternations, no aspect of the project requires substantial modification to the existing facilities to accommodate the use. The proposed convenience store use, including the sale of tobacco and alcohol products, is beneficial and desirous to the community and is consistent with the purpose, intent, and standards of the Zoning Ordinance and other applicable ordinances and codes adopted by the City of Palmdale because the use complies with the C-1 (Light Commercial) zoning designation that permits establishment and operation of a convenience store use, including the sale of tobacco and alcohol products, subject to the approval of a Conditional Use Permit. The proposed use has been conditioned to comply with all applicable provisions of the Palmdale Zoning Ordinance related to a convenience store use, tobacco and alcohol sales, which are intended to reduce the potential health and safety impacts associated with convenience stores with tobacco and alcohol sales. Additionally, the proposed project design and site plan as constructed meets all current applicable and special development standards contained in the Zoning Ordinance with regards to building and landscape setbacks, building heights, parking spaces and lot design requirements with the exception of the distance separation requirement between primary alcohol uses and existing residential uses to the south and west and one existing incidental alcohol use to the northeast for which a waiver is requested.

4 Page 4 Further, the proposed use will provide a convenience for customers to obtain convenience merchandise, tobacco, and alcohol related products while shopping within the community for patrons shopping at the existing commercial center, and other stores within the vicinity of the project site. (c) (d) The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking areas, fire and building code considerations pertaining to the application because the existing site was constructed in compliance with Zoning Ordinance standards in effect at the time Conditional Use Permit and CUP Major Modification were approved with respect to building and landscape setbacks, required parking stall size and drive aisle widths. Further, parking facilities are not impacted by the existing use and will not require modifications as a result of the use. The project has been reviewed with regard to fire and building code considerations by the representative departments and found to be satisfactory. Evidence supporting this finding is contained in the submitted plans and application materials including a site plan that indicates the location of the proposed use and a floor plan that indicates the convenience store sales area and display and storage areas for tobacco and alcohol related products. The proposed convenience store use including the sale of tobacco and alcohol products and the on-going operation of the use will not have a substantial adverse effect on abutting property or the permitted use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards because the use is separated from the existing residences by a six foot wall as required between transitional uses. The existing incidental alcohol use to the northeast is separated by 450 feet which include parking areas and arterial roadways. Additionally, Conditions of Approval have been placed upon the use to mitigate potential impacts associated with a convenience store use including the sale of tobacco and alcohol related products.

5 Page 5 (e) (f) The site for the proposed use has adequate access meaning that the site design incorporates street and highway limitations because all access points to the site are existing and no new access points are proposed. The design of the project and the Conditions of Approval do not require dedication and improvement of publicly-owned facilities as all improvements were required and constructed under previous approvals. (g) The proposed use is consistent with the purpose of Section 92.07, Alcohol Beverage Establishments of the Zoning Ordinance because the use meets the distance separation requirements for a Primary Alcoholic Beverage Establishment, with the exception of residential and existing incidental uses, for which a waiver has been applied. Further, the hours of operation of the proposed use are similar to other existing uses within the vicinity and are not detrimental to the adjacent uses and residents. Section 3. Based upon substantial evidence presented to this Council during the above-referenced December 7, 2011, public hearing, including public testimony, and written and oral staff reports, this Council specifically finds as follows with respect to the request for a waiver from the distance separation requirements for a Primary Alcoholic Beverage Establishment as specified in Zoning Ordinance Section 92.07(D)(3): (a) (b) The proposed use will serve specific community needs because the proposed use is a convenience store offering faster service than other full service markets in the vicinity and will provide other convenience items to the immediate residents in the area and patrons shopping at the existing commercial center. Further, the proposed use will not be contrary to the purpose of Zoning Ordinance Section 92.07, Alcohol Beverage Establishments, because the proposed use, subject to the Conditions of Approval, continues to comply with the remaining provisions of Section related to the Off-Sale Development Standards for alcohol establishments intended to reduce secondary effects of alcohol related uses by regulating sales and server training, safety and security related issues such as lighting and loitering, and operational conditions. The proposed use is

6 Page 6 separated from other alcohol sensitive uses such as schools, churches, hospitals, parks, and sexually oriented businesses, and is located on land with a commercial land use designation of NC (Neighborhood Commercial) and is zoned C-1 (Light Commercial) which permits convenience stores subject to Conditional Use Permit approval. (c) The use as proposed will not adversely affect nearby property because the proposed use is separated from the existing residential uses by a six-foot wall providing a physical separation with no direct pedestrian access to the commercial center. Further, the proposed use is separated from the residential uses located approximately 40 feet to the south and 160 feet to the west of the convenience store. The existing incidental alcohol beverage establishment use is separated by existing parking, landscaping setbacks and an arterial street with a distance of 450 feet between the uses. The proposed use is separated from other sensitive uses such as schools, parks, hospitals, churches and sexual oriented businesses, as required by per Section 92.07(D)(1). Given the physical separation provided between the uses, an interface problem between the off-site sales of alcoholic beverages and other sensitive uses is not expected. (d) The proposed alcohol sales use will not encourage the development of an adult entertainment area or otherwise promote community blight since the proposed use provides other convenience items to the residents in the neighborhood and shoppers within the commercial center. The use will occupy an existing vacant shop space that is physically separated from existing residential uses and other alcohol related uses and is not a liquor store type use that could result in a use that would promote the establishment of adult entertainment. The use is a convenience store use located in a highly visible area with a commercial land use designation that will not promote blight by establishment of the use.

7 Page 7 Section 4. The City Council hereby finds as follows with respect to the Notice of Exemption: (a) (b) (c) Pursuant to the California Environmental Quality Act ( CEQA ) and the City s local CEQA Guidelines, City staff determined the project to be exempt from environmental review pursuant to Section 15301, Class 1, of the California Environmental Quality Act (CEQA) Guidelines, which permits licensing of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination. Thereafter, the City staff provided public notice of the determination and of the intent to find the project exempt from environmental review pursuant to Section 15301, Class 1 of the CEQA Guidelines. The City Council has reviewed the Notice of Exemption and all comments received regarding the Notice of Exemption and, based on the whole record before it, finds that the Notice of Exemption was prepared in compliance with CEQA. The City Council further finds that the Notice of Exemption reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Notice of Exemption. The custodian of records for the Notice of Exemption, and all other materials which constitute the record of proceedings upon which the City Council s decision is based, is the Planning Manager of the City of Palmdale. Those documents are available for public review in the Planning Department of the City of Palmdale located at Sierra Highway, Palmdale, California 93550, telephone (661) Section 5. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby upholds the August 11, 2011, Planning Commission approval of Conditional Use Permit and denies the appeal as requested by Mr. Eyad Ali subject to the revised Conditions of Approval in Attachment III.

8 Page 8 Section 6. The Deputy City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 7 th following vote: day of December, 2011, by the AYES: NOES: ABSTAIN: ABSENT: James C. Ledford, Jr., Mayor ATTEST: Rebecca J. Smith City Clerk APPROVED AS TO FORM: City Attorney

9 ATTACHMENT I LEGAL DESCRIPTION FOR Conditional Use Permit Assessor s Parcel Number: and THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALMDALE, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TOTHTE OFFICIAL PLAT OF SAID LAND. EXCEPT THE EASTERLY 50 FEET THEREOF.

10 ATTACHMENT II ASSESSOR S PARCEL MAP FOR CONDITIONAL USE PERMIT