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PC 2011/10/10City of Anaheim Planning Commission Agenda Monday, October 10, 2011 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Peter Agarwal Chairman Pro-Tempore: Victoria Ramirez Commissioners:Todd Ament, Stephen Faessel,Michelle Lieberman, Harry Persaud,John Seymour Call To Order -5:00 p.m. Pledge Of Allegiance The Canyon Specific Plan Update Program Workshop Public Comments Consent Calendar Public Hearing Items Commission Updates Discussion Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planningonThursday, October 6, 2011, after 5:00 p.m. Any writings or documentsprovided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following planningcommission@anaheim.net e-mail address: APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, 10calendar days Tentative Tract and Parcel Maps will be final after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. AnaheimPlanning Commission Agenda -5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 10/10/11 Page 2of6 Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and /or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1A REQUEST FOR INITIATION OF CONDITIONAL USE PERMIT Motion NO. 2011 -05573 AND VARIANCE NO. 2011 -04870 (DEV2011- 00092) Location: 1929 through 1937 South Manchester Avenue Request for Planning Commission to initiate a conditional Project Planner: use permit and variance to permit a parking lot with Ted White landscape setbacks, vehicular circulation, parking space twhiteCcDanaheim.net dimensions, and parking lot landscaping that is less than required by code. The purpose of this request is to initiate the applications for a conditional use permit and variance. It is not a public hearing for consideration of the merits or environmental impacts of the project. At a later date, the City of Anaheim will hold a public hearing on these applications, at which time the Planning Commission will consider the merits and environmental impacts of the project and whether to approve the applications. 10/10/11 Page 3 of 6 Public Hearing Item ITEM NO. 2 CONDITIONAL USE PERMIT NO. 3698A PUBLIC CONVENIENCE OR NECESSITY NO. 2011 -00080 (DEV2011- 00075) Location: 1200 North Euclid Street The applicant proposes to delete a condition of approval to allow the sale of beer and wine for off - premises consumption in an existing service station with a convenience market. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class (Existing Facilities). Resolution No. Project Planner: Della Herrick dherrick(a net Adjourn to Monday, October 24, 2011 at 5:00 p.m. 10/10/11 Page 4 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m.October 5, 2011_ (TIME)(DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE ANDCOUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearingsaccessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 10/10/11 Page 5of6 S C H E D U L E 2011 October 24 November 7 November 21 December 5 December 19 10/10/11 Page 6of6 ßÌÌßÝØÓÛÒÌ ÒÑò ï × øÐÌÓË÷ ÊßÝßÒÌ ÍÐ çîóî Üßï ÊßÝßÒÌ × øÐÌÓË÷ ×ÒÜËÍÌÎ×ßÔ ÍÐ çîóî Üßï ÍÌßÇÞÎ×ÜÙÛ ÍË×ÌÛÍ ßÒßØÛ×Ó Í ÍÐ çîóî Üßï ØÑÔ×ÜßÇ ×ÒÒ ßÒßØÛ×Ó ÎÛÍÑÎÌ ÍÐ çîóî Üßï ÚËÌËÎÛ ÙÛÒÛ ßËÌÎÇ ÉßÇ ÑÊÛÎÐßÍÍ ÎÓóì ßÐÌÍ îì ÜË Û ÉßÕÛÚ×ÛÔÜ ßÊÛ ÎÓóì Ì øÓØÐ÷ ÝóÙ ÜÛÔ ÎßÇ ÎÛÌß×Ô ßÐÌÍ ÓÑÞ×ÔÛ ÛÍÌßÌÛÍ è ÜË ÎÓóì ßÐÌÍ è ÜË ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ïíéóíîïóíí ïíéóíîïóíì Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððçî ïçîç Í±«¬¸ Ó¿²½¸»¬»® ßª»²«» ßÌÌßÝØÓÛÒÌ ÒÑò ï ÚËÌËÎÛ ÙÛÒÛ ßËÌÎÇ ÉßÇ ÑÊÛÎÐßÍÍ Û ÉßÕÛÚ×ÛÔÜ ßÊÛ ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ïíéóíîïóíí ïíéóíîïóíì Í«¾¶»½¬ Ð®±°»®¬§ ÜÛÊ Ò±ò îðïïóðððçî ïçîç Í±«¬¸ Ó¿²½¸»¬»® ßª»²«» City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ßÌÌßÝØÓÛÒÌ ÒÑò ï ÎÍóî Í×ÒÙÔÛ ÚßÓ×ÔÇ ÎÛÍ×ÜÛÒÝÛ ÝóÙ ßËÌÑ ÜÛßÔÛÎÍØ×Ð ÝóÙ ÓÛÜ×ÝßÔ ÑÚÚ×ÝÛ ÎÓóí ÎÓóí ÜÎÛÍÜÛÒ ÝÑËÎÌ ÌÎ×ÐÔÛÈ ßÐÌÍ îì ÜË ÎÍóî ÝóÙ Í×ÒÙÔÛ ÚßÓ×ÔÇ ÍÛÎÊ×ÝÛ ÎÛÍ×ÜÛÒÝÛ ÍÌßÌ×ÑÒ É ÎÑÓÒÛÇß ÜÎ ÝóÙ ÓÛÜ×ÝßÔ ÑÚÚ×ÝÛ ÎÓóì ÍÌÑÒÛ ÝÎÛÛÕ ßÐßÎÌÓÛÒÌÍ ïîð ÜË ÝóÙ ÓÛÜ×ÝßÔ ÑÚÚ×ÝÛ ÎÓóî ÝóÙ ÝÑÒÜÑÍ ÎÛÌß×Ô íð ÜË ÎÓóì ÎÓóì ÝóÙ ÞßØßÓß Ê×ÔÔßÙÛ ÉßÌÛÎ ÉØÛÛÔ ßÐÌÍ ßÐÌÍÓÛÜ×ÝßÔ ÑÚÚ×ÝÛ êì ÜË îï ÜË ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðéíóíèìóêï Í«¾¶»½¬ Ð®±°»®¬§ ðéíóíèìóëè ÜÛÊ Ò±ò îðïïóðððéë ïîðð Ò±®¬¸ Û«½´·¼ Í¬®»»¬ ßÌÌßÝØÓÛÒÌ ÒÑò ï É ÎÑÓÒÛÇß ÜÎ ðëðïðð p ß»®·¿´ Ð¸±¬±æ Ó¿§ îðïð Ú»»¬ ßÐÒæ ðéíóíèìóêï Í«¾¶»½¬ Ð®±°»®¬§ ðéíóíèìóëè ÜÛÊ Ò±ò îðïïóðððéë ïîðð Ò±®¬¸ Û«½´·¼ Í¬®»»¬ ðððéë ÅÜÎßÚÌÃ ßÌÌßÝØÓÛÒÌ ÒÑò î RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION ANDAPPROVINGANAMENDMENT TO CONDITIONAL USE PERMIT NO.3698 (TRACKING NO.CUP3698A) ANDAMENDINGCERTAIN CONDITION OF APPROVAL OF RESOLUTIONNO.PC94-100 (DEV2011-00075) (1200 NORTH EUCLID STREET) WHEREAS, onJuly 25, 1994,the Anaheim City Planning Commission(hereinafter referred to as "Planning Commission"), by itsResolution No.PC94-100, didapprove a service station with car wash facility and a convenience market with less landscaping required by code; WHEREAS, Resolution No.PC94-100includes the following conditionof approval: “3.Thatthe sale of alcoholic beverages shall be prohibited on subject property.” WHEREAS, this property is currently developed withaservice station and car wash and a 977 square foot convenience market and is located in the General Commercial (C-G) zoneand the Anaheim General Plan designates this property for Residential Corridor land uses; and WHEREAS, the Planning Commission did receive a verified Petition to amend Conditional Use Permit No.3698,to modify or delete certain conditionsof approval and to approve the amendment to Conditional Use Permit No. 3698 to permit the sale of beer and wine for off- premises consumption pursuant to Code Section No. 18.60.190of the Anaheim Municipal Code 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;and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onOctober 10, 2011, at 5:00p.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 “Procedures”, to hear and consider evidence for and against said amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning 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.That the C-G (General Commercial) zone permits by conditional use permit the sales of beer and wine for off-site consumption in conjunction with aconvenience market located within a service station , pursuant to Sections 18.08.040 (Conditional Uses, Commercial Zones),of the Anaheim Municipal Code. The proposed sales of alcoholic beverages for off-site consumption will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be -1-PC2011- located because it is accessory tothe convenience market and has commercialuses surroundingthe property. 2.The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 3.The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 4.The existing permit has been consistently exercised in a manner that is not detrimental to either the particular area or to the health and safetyof the citizens of the City of Anaheimand there have not been any code violationsrelating to the subject property. 5.With regard to the deletion of Condition No.3which prohibits the sale of beer and wine for off-premises consumption, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 6.Theexisting use at the time of approval wasproperly one for which a conditional use permit was authorized by the Zoning Code. 7.The use,asamended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is locatedas the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property. 8.The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the convenience market has been operating in conformance with all conditions of approvaland there have been no code violations on the property. 9.The traffic generated by the existing use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the areaas the convenience market has been operating in conformance with all conditions of approvaland there have been no code violations on the propertyor complaints of parking or traffic impacts. 10.Police Department recommends approval of the request to delete the conditions of approvaland the amendment to the conditional use permit to allow the sale of beer and wine for off- premises consumption.Based uponresearchof crime statistics for the area and calls for service to this location, there is no indication of any identifiable problems associated with the proposed sales of beer and wine for off-premises consumption. WHEREAS, the proposed project falls within thedefinition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. -2-PC2011-*** NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.3698, to delete Condition No. 3pertaining toprohibition of the sale of alcoholic beveragesand to approve the amendment to Conditional Use Permit No. 3698 to permit the sale of beer and wine for off-premises consumption. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in theirentirety, the conditions of approval adopted in connection with Planning Commission Resolution No.PC94-100,to read as shownin Exhibit “B” attached hereto and incorporated herein by this reference,which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health,safetyand general welfareof the citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or 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, except as expressly amended herein,the provisions of Resolution No.PC94-100, approving Conditional Use Permit No.3698shall remain if full force and effect. BE IT FURTHER RESOLVED 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 of 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 the Anaheim 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 findings hereinabove set forth. 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the amendment to the conditional use permit 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. -3-PC2011-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofOctober 10, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 onOctober 10, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my handthis 10day ofOctober 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** -5-PC2011-*** ÛÈØ×Þ×Ì Þ ßÓÛÒÜÓÛÒÌ ÌÑ ÝÑÒÜ×Ì×ÑÒßÔ ËÍÛ ÐÛÎÓ×Ì ÒÑò íêçè øÌÎßÝÕ×ÒÙ ÒÑò ÝËÐíêçèß÷ øÜÛÊîðïïóðððéë÷ ÎÛÊ×ÛÉ Í×ÙÒÛÜ ÞÇ ÑÚÚ ÞÇ ÒÑòÝÑÒÜ×Ì×ÑÒÍ ÑÚ ßÐÐÎÑÊßÔ GENERAL 1There shall be no exterior advertising or sign of any kind Police or type, including advertising directed to the exterior Department 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. No display of alcoholic shall be located outside of a 2 Police building or within five (5) feet of any public entrance to Department the building. The area of alcoholic displays shall not exceed 25% of 3 Police the total display area in a building. Department Sale of alcoholic shall be made to customers only when 4 Police the customer is in the building. Department The gross sales of alcoholic beverages shall not exceed 5 Police 35 percent of all retail sales during any three (3) month Department 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. The sale of beer or malt beverages in quantities of quarts, 6 Police 22 oz., 32 oz., 40 oz., or similar size containers is Department prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. The possession of alcoholic beverages in open containers 7 Police and the consumption of alcoholic beverages are Department prohibited on or around these premises. Any graffiti painted or marked upon the premises or on 8 Police any adjacent area under the control of the licensee shall Department be removed or painted over within 24 hours of being applied. There shall be no amusement machines, video game 9 devices, or pool tables maintained upon the premises at any time. The sale of alcohol shall notbe permitted between the 10 Police hours of 12:00 a.m. and 6:00 a.m. each day of the week. Department -6-PC2011-*** [DRAFT]ATTACHMENT NO. 3 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION ANDAPPROVING PUBLIC CONVENIENCE OR NECESSITYNO. 2011-00080 FOR A TYPE 20,OFF-SALE OF BEER AND WINEALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2011-00075) (1200NORTH EUCLID STREET) WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Planning Commission of the City of Anaheim did receive an application for a Determination of Public Convenience or Necessity to permit the sales of alcoholic beverages for off-site consumption in conjunction with a grocery store 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, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onOctober 10,2011, at 5:00 p.m., notice of said public hearing having been duly given as required by lawand in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed determination of public convenience or necessity for an alcoholic beverage control license and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itselfand in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1.That the C-G(General Commercial) zone permits by conditional use permit the sales of beer and wine for off-site consumption in conjunction with aconvenience market located within a service station , pursuant to Sections18.08.040 (Conditional Uses, Commercial Zones),of the Anaheim Municipal Code. Theproposed sales of alcoholic beverages for off-site consumptionwill not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because it isaccessory tothe convenience market and has commercialuses surroundingthe property. -1-PC2011-*** 2.That California state law requires a Determination of Public Convenience or Necessity when property is located in a reporting district with a high crime area,and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 3.That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 4.That subject property is located within Census Tract866.01with a population that allowseleven off-premises sales licenses and there are currently two off-premises sales licensein the tract. This license would bring the total licenses to three licenses.Police Department staff indicates that this site is located within Police Reporting District 1422 which has a crime rate that is 133% above the citywide average. Although the area has an above-average crime rate, the Police Department does not feel that the issuance of the license will be a detriment to the surrounding neighborhood. 5.That the traffic generated by the convenience market and service station with off- premises beer and wine sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6.That the Determination of Public Convenience or Necessity can be made based on the finding that the upgraded licenserequested is consistent with the Planning Commission’s previous approvals for such determinationsand further that granting the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcoholic beverages is ancillary to the store and would serve as an added convenience to residents and visitors to the areawho choose tostop and get gas and use the convenience market. The Police Department indicates no specific concerns related to off-premises alcoholic beverage sales and operation of this business, subject to the attachedconditions of approvalin Exhibit B of this resolution. WHEREAS, the proposed project fallswithin 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 determine that the public convenience or necessity will be served by the issuance of a license for the sale of beer and winefor off-premises consumption at this location subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are 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. -2-PC2011-*** BE IT FURTHER RESOLVED 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 of PermitApproval) 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 the Anaheim 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 findings hereinabove set forth. 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 was adopted at the Planning Commission meeting ofOctober 10, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 heldonOctober 10, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 10day of October 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** -5-PC2011-*** EXHIBIT“B” PUBLIC CONVENIENCE OR NECESSITY NO. 2011-00080 (DEV2011-00075) REVIEW SIGNED BYOFF BY NO.CONDITIONS OF APPROVAL GENERAL 1There shall be no exterior advertising or sign of any kind Police or type, including advertising directed to the exterior Department 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. No display of alcoholic shall be located outside of a 2 Police building or within five (5) feet of any public entrance to Department the building. The area of alcoholic displays shall not exceed 25% of 3 Police the total display area in a building. Department Sale of alcoholic shall be made to customers only when 4 Police the customer is in the building. Department The gross sales of alcoholic beverages shall not exceed 5 Police 35 percent of all retail sales during any three (3) month Department 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. The sale of beer or malt beverages in quantities of quarts, 6 Police 22 oz., 32 oz., 40 oz., or similar size containers is Department prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. The possession of alcoholic beverages in open containers 7 Police and the consumption of alcoholic beverages are Department prohibited on or around these premises. Any graffiti painted or marked upon the premises or on 8 Police any adjacent area under the control of the licensee shall Department be removed or painted over within 24 hours of being applied. There shall be no amusement machines, video game 9 Police devices, or pool tables maintained upon the premises at Department any time. The sale of alcohol shall not be permitted between the 10 Police hoursof 12:00 a.m. and 6:00 a.m. each day of the week. Department -6-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò ì ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò ê ßÌÌßÝØÓÛÒÌ ÒÑò é ßÌÌßÝØÓÛÒÌ ÒÑò è ßÌÌßÝØÓÛÒÌ ÒÑò ç City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net