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Resolution-PC 2011-003RESOLUTION NO. PC2011 -003 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 -05534 (DEV2010- 00173) (2796 WEST BALL ROAD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 -05534 to permit a convenience store with the sales of beer and wine for off -site consumption in conjunction with a Request for Determination of Public Convenience or Necessity No. 2010 -00073 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 commercial center 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 January 19, 2011, 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 the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit 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 a convenience store 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. 18.08.030.010 (Primary Uses, Commercial Zones) and 18.38.110 (Convenience Stores) of the Anaheim. Municipal Code. 2. The proposed convenience store with the sales of beer and wine for off -site consumption will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because it is commercially zoned and is located in a commercial retail center with similar surrounding uses. 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 convenience store with the sales of beer and wine for off -site consumption will not impact the development of the area. - 1 - PC2011 -003 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 -05534 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. 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. - 2 - PC2011 -003 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 wa at the Planning Commission meeting of January 19, 2011. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION SENIOR SE TARY, ANAHEIM CITY PLANNING COMMISSION I, Grace Medina, Senior 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 January 19, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD, SEYMOUR NOES: COMMISSIONERS: RAMIREZ ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of January 2011. C SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2011 -003 IAPN: 126- 310 -271 Feet W RAVENSWOOD DR EXHIBIT "A" DEV2010 -00173 W BALL RD 123' N 147' Eto Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11057 4 - PC2011 -003 NO. CONDITIONS OF APPROVAL PRIOR TO BUILDING AND ZONING INSPECTION 1 Business to be equipped with alarm system (silent or audible. 2 3 4 CCTV videotapes should not be recorded over more than 10 times per tape. Use of digital recording equipment as an alternative to videotape is encouraged. 5 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: httn: // www .anaheim.net /article.asi ?id -678 6 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: httn://www.anaheim.neUarticle.asn?id=678 Rear entrance doors shall be numbered with the same address numbers or suite number of the business. Minimum height of 4" recommended. All exterior doors to have adequate security hardware, e.g. deadbolt locks. 7 8 9 10 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2010-05534 (DEV2010- 00173) CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the tape. CCTV recordings should be kept for a minimum of 30 days before recorded over. Wide -angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. Address numbers shall be positioned so as to be readable from the street. Number should be illuminated during hours of darkness. REVIEW BY Police Department Police Department Police Department Police Department Police Department Police Department Police Department Police Department Police Department Police Department SIGNED OFF BY - 5 - PC2011 -003 GENERAL 15 11 Monument signs and addresses shall be well lighted during hours of darkness. 12 Adequate lighting of parking lots and grounds contiguous to buildings shall be provided 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. 13 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. 14 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. No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. 16 There shall be no exterior advertising or sign of any kind or type, 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. 17 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. 18 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. 19 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department Police Department Police Department Police Department Police Department Police Department Police Department Police Department Police Department 6 PC2011 -003 20 There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 21 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 22 The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 23 Business owner shall police the area under their control in an effort to prevent the loitering of persons around the premises. 24 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. 25 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) and 2 ( Floor Plans) and as conditioned herein. 7 Police Department Police Department Police Department Police Department Code Enforcement Planning PC2011 -003