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Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 3 r a security guard from 6:00 1. [The] Planning PM, Crelated ssioncondition for PD toloreview n of the, requval irement semi-annually. However, to 1 O:oo this requirement has a severe economic impact to the viability and the potential success o the project (as discussed at the hearing). 2. [The] Franchisee should not be required to join a neighborhood association by conditions. It should be an option for the franchise but not a mandate, and 3. Consideration of this appeal should be made to the fact that written conditions of approval were provided only two (2) days before the appeal's deadline, making the determination supposed to related to the appeal difficult to get completed in time. We, as the appli have ten (10) days to determine whether to appeal or not, but instead had less than two (2) full days due to receiving said conditions late. The City Council, in its review of this appeal, must determine whether the findings for gran19-12. ting a AMC have been hed for CUP No. 20 CUP it identifiein Section 41-638 of the d uphold or overturn the decision of he PlanningsCommiss on, n whole or n The City part, based upon these findings. ented at the ing Based on the full record to date, including testi eal statement detailed more fully belowony and review pres nthe Commission public hearing and review of the app eal with substantial supporting Appeal application has not substantiated the reasons for the app evidence. Staff recommends that the the two conditions of approval and'trecommendsCouncil r that the CityCouncims the Planning l,deny the appeal and add approve the Amendment Application and related Environmental documents and findings. uiring an on -site security guard rom The top10 00 p.m. and semi annual review by the e added condition of e San a Ana Pol ce Department wi0ll ha ea a.m ct. The applicant negative not economic anypanalyss h to substantiatee viability and hhowo potential security, guard ewould negatively d applicant estimates that this will impact the operations of the store economically; however, the app' was genen ng an Commission on inrly orderst Of mitigate 2,350.00 loitering t anhe store. This d panhandl ngooccu occurrences on s to and Plan g commonly observed at 7-Eleven locations throughout the City. In addition, the Planning County's General Commission raised safety concerns due to the site' the se poroxi ity weto ere selected n order Relief Office and Social Services Office. In particular, ol from their homes and vices ver to provide ssnot uncommon. Thehey w Planning Commlk to ission believes that the condition will sprov provide condition additional security to a neighborhood surrounded by sensitive land uses and will further protect and preserve the health, safety and general welfare of the community. I to join a neighborhood not requirec The capon b also states thacondition. Th st condition the franchisee added dby the ePlannng Commission in order to asso Y ensure that the franchisee be an active participant of the Casa Bonita Neighborhood Association and r allow for franchisee open community dialogue between 7-Eleven and the general community. The Planning Commission believes that this condition ensures that impacts of the 7-Eleven convenience store and gas station can be addressed and resolved timely and will foster a solution oriented relationship between 7-Eleven and the community and as a result, allow for mutually acceptable solutions to be deeveelooppedd if negative impacts occur.