Resolution-PC 2017-035RESOLUTION NO. PC2017-035
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2016-05899 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2016-00127)
(2940 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Conditional Use Permit No. 2016-05899 to upgrade an
existing "Type 20" Off -Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a
"Type 21" Off -Sale General license to permit the sales of alcoholic beverages for off-site
consumption within an existing convenience market for certain real property located 2940 West
Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property"); and
WHEREAS, Conditional Use Permit No. 2016-05899 is proposed in conjunction with a
request for Public Convenience or Necessity No. 2016-00133 to upgrade an existing "Type 20"
Off -Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a "Type 21" Off -Sale
General and Determination of Public Convenience or Necessity to permit the sales of alcoholic
beverages for off-site consumption within an existing convenience market (Circle K). Public
Convenience or Necessity No. 2016-00133 and Conditional Use Permit No. 2016-05899 shall be
referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property, consisting of approximately 1.04 acres, is developed with a
multi -tenant commercial center. The Anaheim General Plan designates the Property for Corridor
Residential land uses. The Property is located within the "C -G" General Commercial Zone. As
such, the Property is subject to the zoning and development standards described in Chapter 18.08
(Commercial Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 3, 2017 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 Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
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WHEREAS, this Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 —
Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the
CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment
and is, therefore, categorically exempt from the provisions of CEQA; 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. 2016-05899, does find and
determine the following facts:
1. The proposed request to upgrade an existing "Type 20" Off -Sale Beer and Wine
Alcoholic Beverage Control (ABC) license to a "Type 21" Off -Sale General to permit the sales
of alcoholic beverages for off-site consumption within a convenience market is an allowable use
within the "C -G" General Commercial zone under Section 18.08.030 (Uses) of Chapter 18.08
(Commercial Zones) of the Code, subject to a conditional use permit and the zoning and
development standards of the "C -G" General Commercial Zone.
2. The use proposed under Conditional Use Permit No. 2016-05899, under the
conditions imposed, are compatible with the existing uses in the surrounding area.
3. The size and shape of the site for the use proposed under Conditional Use Permit
No. 2016-05899 are, under the conditions imposed, 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
because the convenience market on the Property will adhere to all required development
standards in the "C -G" General Commercial Zone.
4. The traffic generated by the uses proposed under Conditional Use Permit No. 2016-
05899, under the conditions imposed, 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 increase due to the upgrade of the ABC license.
5. The granting of Conditional Use Permit No. 2016-05899, under the conditions
imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the Proposed Project will be compatible with the surrounding area subject to compliance with the
conditions of approval contained herein.
WHEREAS, the Planning Commission 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 Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2016-05899, contingent upon and subject to (i) approval of
Public Convenience or Necessity No. 2016-00133, now pending, and (ii) the conditions of
approval set forth 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 Property under
Conditional Use Permit No. 2016-05899 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 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, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that any amendment, modification or revocation 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 Code.
BE IT FURTHER RESOLVED that the 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 3, 2017. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on April 3, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HENNINGER
IN WITNESS WHEREOF, I have hereunto set my hand this 3`d day of April, 2017.
ECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00127
W LINCOLN AVE W LINCOLN AVE
147'
N N�
�S 154'
cn
d
w
W BAYWOO€3 AVE
0 50 i0U
v
Peet
Source: Recorded Tract Maps and/or City GIS
Please note the accuracy is +/- two to five feet
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05899
(DEV2016-00127)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The area of alcoholic beverage displays shall not exceed 25% of
Police Department
the total display area in a building.
2
There shall be no exterior advertising or sign of any kind or
Police Department
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.
3
No display of alcoholic beverages shall be located outside of a
Police Department
building or within five (5) feet of any public entrance to the
building.
4
Sale of alcoholic beverages shall be made to customers only
Police Department
when the customer is inside the building.
5
The possession of alcoholic beverages in open containers and
Police Department
the consumption of alcoholic beverages are prohibited on or
around these premises.
6
Any Graffiti painted or marked upon the premises or on any
Police Department
adjacent area under the control of the licensee shall be removed
or painted over within 24 hours of being applied.
7
The petitioner(s) shall be responsible for maintaining free of
Police Department
litter the area adjacent to the premises over which they have
control.
8
Managers/Owners need to call the Department of Alcoholic
Police Department
Beverage Control and obtain LEAD (Licensee Education on
Alcohol and Drugs Program) Training for themselves and
register employees. The contact number is 714-558-4101.
9
The parking lot of the premises shall be equipped with lighting
Police Department
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
businesses.
10
The Petitioner(s) shall post and maintain a professional quality
Police Department
sign facing the premises parking lot(s) that reads as follows:
NO LOITERING,NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
The sign shall be at least two feet square with two inch block lettering.
The sign shall be in English and Spanish.
11
The convenience market shall be operated in accordance with the
Planning and Building
Statement of Operations submitted as part of this application. Any
Department,
changes to the business operation as described in that document shall
Planning Services
be subject to review and approval by the Planning Director to
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determine substantial conformance with the Letter of Request and to
ensure compatibility with the surrounding uses.
GENERAL CONDITIONS
12
The existing unpermitted feather signs located in the landscape planter
Planning and Building
directly in front of the business shall be removed within fourteen (14)
Department,
days of the date of this resolution.
Planning Services
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13
Window signs shall comply with the maximum area allowed by the
Planning and Building
Zoning Code. At no time shall window signs exceed 20% of the
Department,
window area.
Planning Services
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14
The Applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
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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 City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
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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 reasonableness, 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 litigation,
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 plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department and as
Planning Services
conditioned herein.
Division
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