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Resolution-ZA 2008-06• RESOLUTION NO. ZA2008-6 • A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING MISCELLANEOUS PERMIT N0.2008-00240 (511 WEST CHAPMAN AVENUE) WHEREAS, the Anaheim Zoning Administrator did receive an application for Miscellaneous Permit No. 2008-00240 for certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated by this reference. WHEREAS, the Zoning Administrator did hold a public meeting at the Civic Center in the City of Anaheim on Apri124, 2008 at 9:30 a.m., notice of said public meeting 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 proposed miscellaneous permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Zoning Administrator, 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 proposed modification of an existing nonconforming use (convenience storelmini-market) entails replacing an existing Type 241iquor license (off-sale of beer and wine) with a Type 21 liquor license (off-sale of beer, wine and distilled spirits). 2. That Conditional Use Permit No. 3055 to permit a convenience market in an existing commercial retail center with waiver of minimum number of parking spaces was approved by the Planning Commission on August 29, 1988. The existing Type 20 ABC license was issued based upon approval of this CUP. Resolution. No. PC88-240, approved in conjunction with CUP No. 3055 does not specify or limit the type of alcohol sales associated with the convenience store; therefore, the proposed request is consistent with the prior approval. 3. That on February 11, 1991 the Planning Commission approved an expansion of the convenience market to 1,772 square feet and amended a condition of approval pertaining to revised exhibits to reflect the expansion. On July 8, 1996, the Commission further amended the conditions of approval to allow take-out food service. 4. That because the applicant proposes to replace the existing liquor license, there will be no net increase in the number of licenses in the applicable Census Tract. Existing ABC conditions for the sale of liquor under the existing license will be carried over to the replacement license. 5. That the sale of liquor will continue to be an ancillary component of the business and the primary focus of the operations will be on maintaining a convenience store where residents and tourists alike will be able to purchase everyday necessities such as perishable goods, general household products, packaged food products, and hot and cold beverages. -1- ZA2008-6 • • 6. That the Anaheim Police Department does not oppose the proposed use and recommends conditions of approval that are included below. 7. That the proposed use modification is deemed similar in nature, but lesser or equal in intensity or impact. 8. That no one indicated their presence at the public meeting in opposition; and that no correspondence was received in opposition to the subject request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Zoning Administrator has reviewed the proposal and does hereby find that the project is categorically exempt from CEQA, Class I, and that no additional environmental documentation is required. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby approve Miscellaneous Permit 2008-00240, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: No. Conditions of Approval Responsible for Monitoring GENERAL 1 * That there shall be no exterior advertising or sign of any kind or Police/Code type, including advertising directed to the exterior from within, Enforcement 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. 2 That no display of alcoholic beverages shall be located outside Police/ Code of a building or within five (5) feet of any public entrance to the Enforcement building. 3 That the area of alcoholic beverage displays shall not exceed Police/Code 25% of the total display area in a building. Enforcement 4 That sale of alcoholic beverages shall be made to customers only Police/Code when the customer is in the building. Enforcement 5 That no person under 21 years of age shall sell or be permitted to Police/Code sell alcohol without someone 21 years of age or older present. Enforcement 6* That beer and malt beverages shall not be sold in packages Police/Code containing less than a six (6) pack, and wine coolers shall not be Enforcement sold in packages containing less than a four (4) pack. No other wine shall be sold in bottles or containers of less than 750 ml. 7 That the possession of alcoholic beverages in open containers Police/Code and the consumption of alcoholic beverages are prohibited on or Enforcement around these premises. 8* That the parking lot of the premises shall be equipped with Police/Code lighting of sufficient power to illuminate and make easily Enforcement -2- ZA2008-6 • • 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. 9 That there shall be no amusement machines, video game Police/Code devices, or pool tables maintained upon the premises at any Enforcement time. 10 That there shall be no public telephones on the property that are Police/Code located outside the building and within the control of the Enforcement applicant. 11 That the gross sales of alcoholic beverages shall not exceed 35 Police/Code percent of all retail sales during any three (3) month period. The Enforcement 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. 12 That any graffiti painted or marked upon the premises or on any Police/Code adjacent area under the control of the licensee shall be removed Enforcement or painted over within 24 hours of being applied. 13 That the petitioner shall be responsible for maintaining free of Police/Code litter the area adjacent to the premises over which they have Enforcement control, as depicted. 14* That sale of alcoholic beverages shall be permitted only between Police/Code the hours of 8:30 a.m. to 10:00 p.m. each day of the week. Enforcement 15* That the rear door(s) shall be kept closed at all times during the Police/Code operation of the premises except in the cases of emergency and to Enforcement permit deliveries. Said door(s) not to consist solely of a screen door or ventilated security door. 16* That signs shall be prominently posted at the beer storage area and Police/Code the cash register area reading: Enforcement 17* That signs shall be prominently posted at the wine storage and the Police/Code cash register area reading: "Wine coolers may be purchased on Enforcement these premises only in quantities of a four-pack or more." 18* That applicant(s) shall employ the services of a private security Police/Code patrol which will make a minimum of three (3) visits to the Enforcement premises front and rear parking lots between the hours of 6:00 p.m. and 6:00 a.m. each day of the week to maintain order therein and prevent any activity which would interfere with the quiet enjoyment of the property of nearby residents. * Notes existing off-sale beer and wine license conditions. BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator 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 -3- ZA2008-6 • competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 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 Zoning Administrator meeting of April 24, 2008. 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 maybe replaced by a City Council Resolution in the event of an appeal. ANAHEIM ZONING ADMINISTRATOR ATTEST: SENIOR SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on April 24, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~(Vl ~~ , 2008. SENIOR SECRETARY, ANAHEIM ZONING ADMINISTRATOR -4- ZA2008-6 0 _°~ _ _ feet Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- iwo to five feet. Subject Property Miscellaneous No. 2008-00240 511 West Chapman Avenue -Orange Mini Market Exhibit A 1 ~-li -- --~I-i -- ~IERFIELD CIR ~ ^J -~__s--_ U, ~ ~, U ~1~ C7 ^ W 2^2 Q ~!¢ ~1 1 CUTTY WAY 1 1 1 1 0 1 m 1 ~ 1 m 1 Q 2 ~~ 1 Z J 1 Y O 1 ~ 1 ~ 1 O J J CHAPMAN AVE W KP.TELLA AVE E. KA7ELLAAVE ~ ~ , [~ W J N ~~~~~~ ~~~ E. ORANGEWOOD AVE N N N ~ N ~ ~ "-r. I~CHAP~V~E'CHAPMAN AV 10517