Resolution-PC 2018-002RESOLUTION NO. PC2018-002
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO, 2017-05945 AND
(DEV2017-00116)
(1331 EASTKATELLA AVENUE, UNIT #1.07)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Conditional Use Permit No. 2017-05945 to permit a new
"Type 20" Off -Sale Beer and Wine Alcoholic Beverage Control (ABC) license to pen -nit the sale
of beer and wine for off-site consumption within a convenience market (The Comer Shop), for
certain real property located at 1331 East patella Avenue #107 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. 2017-05945 is proposed in conjunction with
Public Convenience or Necessity No. 2017-00138, now pending, which, together with the Project,
shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property, consisting of approximately 1.55 acres, is developed with a 92 -
unit mixed use development with a 1,298 square foot, ground floor tenant space for the
convenience store. The Anaheirn General Plan designates the Property for "MU" Mixed Use land
uses. The Property is located within the underlying "I" Industrial Zone, implementing the "PTMU"
Platinum Triangle Mixed Use Overlay Zone. As such, the Property is subject to the zoning and
development standards described in Chapter 18.20 (Platinum Triangle Mixed Use Overlay) of the
Anaheim Municipal Code (the "Code"); and
City ot Anaheim on January 22, 24p.m., notice ot said public hearing having been dulT
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 the hearing was continued
to the February 5, 2018 meeting; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Envirorn-nental 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
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
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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 Pen -nit No. 201705945, does find and
determine the following facts:
I . The proposed request for a new "Type 20" Off -Sale Beer and Wine ABC license to
use within the "PTMU" Platinum Triangle Mixed Use Overlay Zone under Section 18.20,030
(Uses) of Chapter 18.20 (Platinurn Triangle Mixed Use Overlay Zone) of the Code, subject to a
conditional use permit and the zoning and development standards of the "PTMU" Platinum
Triangle Mixed Use Overlay Zone.
2. The Proposed Project, under the conditions imposed, is compatible with the existing
and proposed uses in the surrounding area,
3. The size and shape of the site for the Proposed Project, under the conditions imposed,
is adequate to allow the full development of the proposed use in a manner not detrimental to thv
[• area or to the health and safety because the convenience store will adhere to all requiro4
land use standards, including the required number of parking spaces.
4, The traffic generated by the Proposed Project, 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 in conjunction with the new
ABC license request.
5. The granting of the Proposed Project, 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 through conditions of approval for the use and would
not be a health or safety risk to the citizens of the City of Anaheim.
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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2017-05945, contingent upon and subject to (i) approval of
Public Convenience or Necessity No. 2017-00138, 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 Pen -nit No. 2017-05945 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
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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 ofthe use or approved development.
and 18.6 0.200 (City- Initi ated 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 ally 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.
TAE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 5, 2018. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
zlleff ymlvf��q # imy'it rt,#+aUc*
by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMIS-S,ICON
OF THE CITY OF ANAHEIM
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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i,TATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that o resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on February 5, 2018, by the following vote of the
members thereof -
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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Ravin M-1
DEV NO. 2017-001.16
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IM11111 1121M
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
I
No display of alcoholic beverages shall be located outside of a
Police Departincrit
building or within five (5) feet of any public entrance to the building.
2
There shall be no exterior advertising or sign ol"any kind or type,
Police Department
including advertising directed to the exterior from within,
prornoting 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
The area of alcoholic beverage displays shall not exceed 25% of the
Police Departi-rdent
total display area in a building.
4
Sales 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
1'he petitioner(s) shall police the area under their control in an effort
Police Department
to prevent the loitering of persons around the premises.
8
There shall be no amusement machines or video game devices
Police Department
maintained upon the premises at any time.
9
The petitioner(s) shall be responsible for rnaintaining free of litter
Police Department
the area adjacent to the premises over which they have control, as
depicted,
10
Managers/Owners shall contact 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 714-5584101.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
I I
The seven parking spaces in the parking structure reserved for the retail
Planning and Building
space shall be identified as "Reserved Parking for the Corner Shop"
Department,
prior to opening of the retail store.
Planning Services
Division
12
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
Division
13
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
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.
14
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively referred
Department,
to 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, darnages, 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.
15
The property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning Department
Planning Services
and as conditioned herein.
Division
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