RES-2009-051RESOLUTION NO. 2009 051
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL
USE PERMIT NO. 2008 05359.
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2008 -05359 to approve the exchange of an ABC license
from a Type 20 license (Off Sale Beer Wine) to a Type 21 license (Off Sale General) to permit
the sale of beer, wine and distilled spirits in conjunction with an existing legal non conforming
convenience market generally located at 1000 West Lincoln Avenue, Anaheim, California, as
more particularly shown in Exhibit "A" attached hereto and incorporated herein by this
reference; and
WHEREAS, this property is currently developed with a convenience market
within the C -G (General Commercial) Zone, and the Anaheim General Plan designates this
property for Mixed Use land uses; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing
upon said application at the City Hall in the City of Anaheim, notices of which public hearing
were duly given as required by law and the provisions of Title 18 of the Anaheim Municipal
Code; 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 -008 granting Conditional Use Permit No.
2008 05359; and
WHEREAS, within the time prescribed by law, the business owner did appeal
said Planning Commission decision to the Anaheim City Council; and
WHEREAS, thereafter, the City Council did set said application for such project
for a de novo 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 duly hold and conduct such hearing and did give all persons interested therein an opportunity
to be heard and did receive evidence and reports; 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:
1. That the request to permit the sales of beer, wine and distilled spirits (Type 21
license) in conjunction with an existing convenience market in the C -G (General Commercial)
Zone is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Section 18.08.030.010 (Alcoholic Beverage Sales Off Sale).
2. That the proposed beer, wine and distilled spirits 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 all business activities would remain inside the
bui lding.
3. That 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.
4. That 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 commercial uses along Lincoln
Avenue
5. That 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.
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council does
hereby grant Conditional Use Permit No. 2008 -05359 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.
BE IT FURTHER RESOLVED that this permit is approved without limitations
on the hours of operation or 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 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 hereinabove set forth. Should any such conditions, 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 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 City of Anaheim this 31 st day of March 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NOP
ATTEST: 7"
72367.v 1 /MGordon
CITY OF HEIM
By:
MAYOR OF THE CYI`Y ANAHEIM
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2008-05359
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
GENERAL
1
That no alcoholic beverages shall be displayed outside of the
building or within five (5) feet of any public entrance to the
building.
Police/Code
Enforcement
2
That 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.
Police /Code
Enforcement
3
That the area of alcoholic beverage displays shall not exceed
25% of the total display area in a building.
Police /Code
Enforcement
4
That the sales of alcoholic beverages shall be made to
customers only when the customer is in the building.
Police /Code
Enforcement
5
That no person under 21 years of age shall sell or be permitted
to sell alcohol without someone 21 years of age or older
present.
police /Code
Enforcement
6
That the possession of alcoholic beverages in open containers
and the consumption of alcoholic beverages are prohibited on
or around the premises.
Police/Code
Enforcement
That the parking lot of the premises shall be equipped with
lighting of a minimum one (1) foot candle power to illuminate
and make easily discernible the appearance and conduct of all
persons on or about the parking lot. Additionally, the position
of such lighting shall not disturb the normal privacy and use of
any neighboring residences.
Police /Code
Enforcement
8
That there shall be no amusement machines, video game
devices or pool tables maintained on the premises at any time.
Police /Code
Enforcement
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05359
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
9
That there shall be no public telephones on the property that are
located outside of the building and within the control of the
applicant.
Police/Code
Enforcement
I 0
That 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.
Police/Code
Enforcement
1 1
That the rear door(s) shall be kept closed at all times during the
operation of the premises except in the cases of emergency and
to permit deliveries. Said door(s) shall not consist entirely of a
screen door or ventilated security door.
Police /Code
Enforcement
12
That the subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 (Site Plan) and
2, (Floor Plan) and as conditioned herein.
Planning
13
That approval of this application constitutes approval of the
proposed request only to the extent that 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.
Planning