RES-2009-139RESOLUTION NO. 2009 -139
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL
USE PERMIT NO. 2009 -05422 (859 SOUTH HARBOR
BOULEVARD).
WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning
Commission") did receive a verified Petition for Conditional Use Permit No. 2009 -05422 to
permit a convenience market with the sale of beer and wine for off premises consumption in an
existing commercial building on that certain real property generally located at 859 South Harbor
Boulevard. Anaheim, California, as more particularly shown in Exhibit A attached hereto and
incorporated herein by this reference (hereinafter the `'application and
WHEREAS, Conditional Use Permit No. 2009 -05422 is proposed in conjunction
with Determination of Public Convenience or Necessity No. 2009 -00060 (hereinafter the
'Project Actions and
WHEREAS, this property is currently developed with a convenience market
within the General Commercial (C -G) zone, and the Anaheim General Plan designates this
property for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing upon said
application at the City Hall in the City of Anaheim, notice of said public hearing having been
duly given as required by law and the provisions of Title 18 of the Anaheim Municipal Code;
and
WHEREAS, the Planning Commission has reviewed the Project Actions and did
find and determine that the proposed project falls within the definition of Categorical
Exemptions. Section 15301. Class 1 (Existing Facilities) as defined in the State CEQA
Guidelines. and is therefore, exempt from the requirement to prepare additional environmental
documentation; and
WHEREAS, said Commission, after due inspection, investigation and studies
made by itself and in its behalf and after due consideration of all evidence and reports offered at
said hearing did adopt its Resolution No. PC2009 -058 granting Conditional Use Permit No.
2009 -05422 to permit a convenience market with the sale of beer and wine for off premises
consumption in an existing commercial building; and
WHEREAS, within the time prescribed by law, an interested party did appeal said
Planning Commission decision to the Anaheim City Council, asking the City Council to
reconsider Conditional Use Permit No. 2009 -05422 and Determination of Public Convenience or
Necessity No. 2009 00060, as requested by applicant, to permit the sale of beer and wine for off
premises consumption in conjunction with a convenience market; and
WHEREAS, the City Council did set said application for such project for a de
nolvo hearing. which public hearing was duly noticed in the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did hold a duly noticed public hearing to consider said application and did receive and consider
evidence and testimony for and against the application, and based thereon does hereby make the
findings and determinations hereinafter set forth; and
WHEREAS. the City Council does find, after careful consideration of all
evidence and reports submitted to the Anaheim City Planning Commission and the action taken
by said Commission, and all evidence and reports offered at said public hearing before the City
Council, that all of the conditions and criteria set forth in the Anaheim Municipal Code are
present for the following reasons:
A convenience market with the sales of beer and wine for off premises
consumption in the General Commercial zone is properly one for which a conditional use permit
is authorized by Anaheim Municipal Code Section 18.08.030.010 (Markets Small and
Alcoholic Beverage Sales Off- Sale).
2. The proposed beer and wine sales would not adversely affect the adjoining
commercial and residential land uses and the growth and development of the area in which it is
proposed to be located because the proposed sale of beer and wine would be between 5% to 6%
of the total sales.
3. The proposed convenience market would not adversely affect the adjoining
commercial and residential land uses and the growth and development of the area in which it is
proposed to be located because all business activities would remain inside the building.
4. The size and shape of the site for the existing convenience market is adequate to
allow the full development of the proposed use in a manner not detrimental to the particular area
nor to the health. safety and general welfare of the public because all sales and operations would
remain inside the building.
The traffic generated by the convenience market would not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the convenience market is consistent with the types of uses along Harbor Boulevard and
the business requires no more parking than any other retail uses.
6 The granting of the conditional use permit under the conditions imposed will not
be detrimental to the heath and safety of the citizens of the City of Anaheim.
WHEREAS, the City Council has reviewed the Project Actions and does find and
determine that the proposed project falls within the definition of Categorical Exemptions,
Section 15501. 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 City Council does hereby
grant Conditional Use Permit No. 2009 -05422 subject to the conditions of approval described in
Exhibit B attached hereto and incorporated herein 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 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 the City Council does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions set forth in Exhibit B. Should any such conditions, or any part
thereof be declared invalid or unenforceable by the final judgment of any court of competent
urisdiction, 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.
BE IT FURTHER RESOLVED, that this 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 business owner 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. 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 is approved and adopted by the City Council
of the Cit of Anaheim this 11th day of August 2009, by the following roll call vote:
AYES Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
41
CITY C ERK 0 TH CI Y OF AHEIM
k 1IMGordon
CITY OF AN FIEIM
By: MAYO F E CI Z3i'dF(NAHEIM
EXHIBIT "A"
(ONDITIONAL USE PERMIT NO. 2009 -05422
APN 036- 183 -37
0`
03
0
03
0
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is two to five feet.
10763
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009 -05422
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
GENERAL ONGOING DURING PROJECT OPERATION
1 The business owner shall be responsible for maintaining free of
litter the area adjacent to the premises over which they have
control, in an orderly fashion through the provision of regular
maintenance and removal of trash or debris. Any graffiti
painted or marked on 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.
The hours of operation shall not extend beyond midnight seven
days a week.
PRIOR TO .FINAL BUILDING AND ZONING INSPECTIONS
The subject property shall be developed substantially in
accordance with plans and specifications 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 Plan), and as conditioned herein.
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