Resolution-PC 2012-018RESOLUTION NO. PC2012 -018
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. 2011 -05584
(DEV2011- 00132)
(2604 WEST LA PALMA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2011 -05584 to permit the remodel of an existing service
station to include a convenience market with beer and wine sales for off - premises consumption
in conjunction with a Request for Determination of Public Convenience or Necessity No. 2012-
00084 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 0.69 -acre property is developed with a 1,200 square foot service
station building and two pump islands with canopies in the C -G (General Commercial) zone and
the Anaheim General Plan designates the property for Neighborhood Center land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 26, 2012, 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 the remodel of an existing service station to include a
convenience market with beer and wine sales for off- premises consumption is properly one for
which a conditional use permit is authorized under Section No. 18.08.030.010 (Alcoholic
Beverage Sales -Off Sale, Convenience Stores, and Automotive - Service Stations) of the Anaheim
Municipal Code.
2. The proposed convenience market with beer and wine sales for off - premises
consumption will not adversely affect the adjoining land uses and the growth and development of
the area in which it is located because the property is commercially zoned and is adjacent to
other shopping centers with similar commercial retail 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 no expansion to the building is proposed;
therefore, the renovation project will remain consistent with code provisions regulating setbacks
and parking.
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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 conversion of the
service station building will not pose 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. 2011 -05584 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 Iimitations 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.
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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 ( dopted at the Planning Commission
meeting of March 26, 2012.
A'1'hEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i
CHAIRMAN, ANAHEIl1 CITY PLAN,,.D1314G COMMISSION
SENIOR SE C 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 March 26, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: AGARWAL
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of March 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2012 -018 -
EXHIBIT "A"
DEV NO. 2011 -00132
APN: 070 - 191 -04
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W LA PALMA AVE
W FELICIDAD CIR
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119' 2s
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13 2'
W V IA- PAL -M.A
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
-4
PC2012 -018
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL
1
No display of alcoholic beverages shall be located outside of a
building or within five (5) feet of any public entrance to the
building.
Police
Department
2
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
Department
3
The area of alcoholic beverage displays shall not exceed 25% of
the total display area in a building.
Police
Department
4
Sale of alcoholic beverages shall be made to customers only
when the customer is in the building.
Police
Department
5
The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around
these premises.
Police
Department
6
The business owner shall police the area under their control in an
effort to prevent the loitering of persons around the premises.
Police
Department
7
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.
Code
Enforcement
8
The parking lot shall be equipped with lighting of sufficient
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.
Code
Enforcement
9
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 (Title Sheet), 2 (Site Plan), 3
(New Floor Plan), 4 (Existing Floor Plan), 5 (Existing Elevations),
6 (New Elevations), and 7 and 8 (Colored Elevations), and as
conditioned herein.
Planning
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05584
(DEV2011- 00132)
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PC2012 -018