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RES-2014-127 RESOLUTION NO. 2014-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3339 AND �ETERMINING SAID ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS (DEV2014-00015) (400 NORTH LAKEVIEW AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") received a verified petition to amend Conditional Use Permit No. 3339 to permit the sale of beer and wine for off-premises consumption in an existing convenience market on that certain real property located at 400 North Lakewood Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"). The petition also sought the deletion of Condition No. 5 of the "Previous Conditions of Approval" of the "Original CUP" (as defined below). Said amendment is designated as Conditional Use Permit No. 3339A; and WHEREAS, Conditional Use Permit No. 3339 was approved by the then Planning Commission on September 24, 1990 by the adoption of its Resolution No. PC90-237 (the "Original CUP"), which Original CUP permitted a 1,419 square foot mini-market in conjunction with an existing service station. The Original CUP was approved contingent upon and subject to certain conditions of approval, which conditions shall be refened to herein as the "Previous Conditions of Approval"; and WHEREAS, the Property is approximately 0.59 acres in size and is developed with a service station and convenience market. The Property is located in the General Commercial (C- G) Zone and is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"). The Land Use Element of the Anaheim General Plan designates the Property for Neighborhood Commercial land uses; and WHEREAS, on May 19, 2014, the Planning Commission held a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code to hear and consider evidence for and against proposed Conditional Use Permit No. 3339A 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 pertaining to the request for Conditional Use Permit No. 3339A, adopted its Resolution No. PC2014-037 on May 19, 2014, finding and determining that proposed Conditional Use Permit No. 3339A is within that class of projects which is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et 1 _ _..__ seq.; herein referred to as "CEQA") pursuant to Section 15301 of Title 14 of the California Code of Regulations, and approving Conditional Use Permit No. 3339A, contingent upon and subject to certain conditions; and WHEREAS, within the time prescribed by law, an interested party or parties did appeal said Planning Commission decision to the City Council; and WHEREAS, thereafter, the City Council did set the matter 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 hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the recommendations and action of the Planning Commission; and WHEREAS, under CEQA, the City Council finds and determines that the activities and project making up the proposed Conditional Use Permit No. 3339A are within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the activities and project making up the proposed Conditional Use Permit No. 3339A will not cause a significant effect on the environment and are, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the City Council does hereby find and determine, with respect to proposed Conditional Use Permit No. 3339A that all of the conditions and criteria set forth in the Anaheim Municipal Code are present, as follows: 1. The request to permit the sale of beer and wine for off-premises consumption in an existing convenience market is properly one for which a conditional use permit is authorized under Section 18.08.030.040.0402 of the Code. 2. The sale of beer and wine for off-premises consumption in an existing convenience market, under the conditions imposed, will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located. In fact, the proposed location is within a commercial retail center that includes a liquor store where alcoholic beverages have been sold for at least ten (10) years. A representative of the Anaheim Police Department has advised that there have been no reported calls for service for significant crimes within the past seven (7) years related to the liquor store within the commercial retail center. The proposed location will be advantageous for public convenience and is proper in relation to adjacent uses. The conditions imposed will protect the interests of the surrounding property and neighborhood. 3. The size and shape of the site for the convenience market is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or 2 health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 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 site is already developed with a convenience market and the additional sales will not increase impacts on the surrounding area. 5. The granting of Conditional Use Permit No. 3339A under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an integrated land use that is compatible with the commercial retail center in which it is located and the surrounding area. WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim, as follows: 1. For the reasons hereinabove stated, the City Council hereby approves Conditional Use Permit No. 3339A, thereby amending the Original CUP and deleting Condition No. 5 of the Original CUP, which approval is contingent upon and subject to the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference. 2. The conditions of approval attached to this Resolution as Exhibit B amend the Previous Conditions of Approval for the Original CUP and, except as specifically amended by this Resolution, all Previous Conditions of Approval for the Original CUP shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. 3. The conditions of approval set forth on Exhibit B to this Resolution, together with the Previous Conditions of Approval, are hereby found to be a necessary prerequisite to the proposed use of the Property under the Original CUP, as amended by Conditional Use Permit No. 3339A, in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete the conditions of approval set forth on Exhibit B to this Resolution may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with the conditions of approval set forth on Exhibit B to this Resolution may be amended by the Planning Director upon a showing of good cause provided (i) equivalent 3 timing is established that satisfies the original intent and purpose of a condition or conditions, (ii) the modification complies with the Code, and (iii} the applicant has demonstrated significant progress toward establishment of the use or approved development. 4. Conditional Use Permit No. 3339A 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 Code. 5. Approval of Conditional Use Permit No. 3339A constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal laws and 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. 6. The 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. 7. The time within which a rehearing must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. /// /// /// /// /// /// /// /// /// /// /// 4 THE FOREGOING RESOLUTION was adopted at the regular meeting of the City Council of the City of Anaheim this 15th day of July , 2014 by the following roll call vote: AYES: �Yor Tait, Coimcil Members Murray, Brandman and Kring NOES: council M�nber Eastman ABSENT: None ABSTAIN: None CITY OF AN EIM By: MA OR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 102877-V 1 /TReynolds 5 EXHIBIT "A" DE�' �'U. 2014-00015 APN: 359-192-26 Z �� �� � p� r� ,` , 16�' ������ " : �;` '`t�- � . 'ta , : W ' ., " 165 �5 ' pR .. ��� P 4���� E x r �� �� �'r � a � ����" Stwrce� R�wded 7rat! Maps and"a C�ty GiS ,*�, Prease note the acwracY �s �i. two to irve tcet EXHIBIT "B" CONDITIONAL USE PERMIT NO. 3339A (DEV2014-00015) NO. CONDITIONS OF APPROVAL �SPONSIBLE DEPARTMENT WITHIIV SO I3AYS OFAP.�'ROYAL OF THE PERMIT 1 'The applicant shall apply for an encroachment Iicense for existing Public Works private improvements within City storm drain and ingress/egress Deparhnent, easements. Development Services Division PRIC)R TO THE COMMENGEME�T OFALCOHOLICBEVERAGE 5'ALES 2 The business operator shall post and maintain a professional Police quality sign facing the premises parking lot(s) that reads as Department follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The sign shall be at least two feet square with two inch block letterin . The sign shail be in English and Spanish. 3 The parking lot of the premises shall be equipped with lighting of Police sufficient power to illuminate and make easily discernible the Department appearance and conduct of all persons on or about the parking lot. Additionally, the position of such Iighting shall not disturb the normal rivacy and use of any neighboring residences. 4 All Managers / Owners shall obtain LEAD (Licensee Education Police on Alcohol and Drugs Program) Training from the Department of Department Alcoholic Beverage Control for themselves and register employees. The contact number is 714-558-4101. OPERAT�ON�1L CONDITIONS 5 Loitering is prohibited on or around these premises or this area Police under the control of the licensee(s}. D artment 6 No display of alcoholic beverages shall be located outside of the Police building or within five (5) feet of any public entrance to the Department building. � There shall be no exterior advertising or sign of any kind or type, Police including advertising directed to the exterior from within, Department 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. g The area of alcoholic beverage displays shall not exceed 5% of the Police total display area in the building. Department _ __ _ NO. CONDITIONS OF APPROVAL �SPONSTSLE DEPARTMENT 9 Sale of alcoholic beverages shall be made to customers only when Police the customer is in the building. De artment 10 The possession of alcoholic beverages in open containers and the Police consumption of alcoholic beverages are prohibited on or around Department these remises. 11 �y �'affiti painted or marked upon the premises or on any Planning adjacent area under the control of the licensee shall be removed or Department, painted over within 24 hours of being applied. Code Enforcement 12 The business operator shall police the property in an effort to Police revent the loitering of ersons around the premises. Department 13 There shall be no amusement machines, video game devices, or Police pool tables maintained upon the premises at any time. Department GEIVERAL 14 The Applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 15 The Applicant shall defend, indemnify, and hold harmless the Ci�y Planning and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from Planning Services any and all claims, actions or proceedings brought against Division Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasanableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or Iitigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 16 The Property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the Deparhnent, applicant and which plans are on file with the Planning Planning Services Department and as conditioned herein. Division