Resolution-PC 2009-027RESOLUTION NO. PC2009-027
A RESOLUTION OF THE ANAHEIM FLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1(EXISTING FACILITIES), AND A.PPROVING IN PART
CONDITIONAL USE PERMIT NO. 2008-05394
{1685 WEST KATELLA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Condirional Use Permit No. 2008-05394 to permit a convenience mazket and authorize a
Type 20 (off-sale beer and wine) ABC license for off-premises consumption for certain real property
situated in the City of Anaheim, County of Orange, State of Califoznia, shown on Exhibit "A",
attached hereto and incorporated herein by this reference.
WHEREAS, this property is currently developed with a convenience mazket within the
General Commercial (C-G) zone, and the Anaheim General Plan designates this property for General
Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 18, 2009, at 2:30 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 "Procedures", to hear and wnsider evidence for and against said proposed request and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspecrion, 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:
l. That a convenience market with the sales of beer and wine for off-premises
consumption in the General Commercial zone is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.08.030.010 (Mazkets - Small and Alcoholic
Beverage Sales - Off-Sale).
2. That the proposed beer and wine sales would adversely affect the adjoining commercial
and residential land uses and the growth and development of the area in which it is proposed to be
located because the census tract is over-concentrated with eight (8) off-sale ABC licenses and five (5)
off=sale ABC licenses aze permitted,
3. That the proposed convenience mazket would not adversely affect the adjoining
commercial and residential land uses and the growth and development of the azea in which it is
proposed to be located because all business activiries would remain inside the building.
4. That the size and shape of the site for the existing convenience market is adequate to
allow the full development of the proposed use in a manner not detrimental to the particular area nor to
the health, safety and general welfare of the public because all sales and operations would remain
inside the building.
- 1 - PC2009-027
5. That the traffic generated by the convenience mazket would not impose an undue
burden upon the streets and lughways designed and improved to carry the traffic in the azea because
the convenience mazket is consistent with the types of uses along Katella Avenue and the business
requires no more parking than any other retail uses.
6. That the granting of the conditional use permit for the convenience mazket under the
conditions imposed will not be detrimental to the health and safety of the citizens of the City of
Anaheim.
7. That nine persons indicated their presence at said public heazing in opposition; and that
two pieces of correspondence and one petition were received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical Exemptions,
Section 15301, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore,
exempt from the requirement to prepare additional environmental documentation.
NOW, THEIZEFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby approve Conditional Use Permit No. 2008-05394, in part, approving the convenience
mazket with no sales of beer and wine, subject to the conditions of approvai described in Exhibit "B"
attached hereto and incorporated herein by this reference which aze 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.
BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
hours of operation or 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 the applicant is responsible for paying all chazges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice. Failure to pay all chazges shall result in the revocation of the approval of this
application.
- 2 - PC2009-027
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of Februazy 18, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolurion in the event of an appeal. .
CHAIRI~IAI~ AN~F-IEI3vI'PLA~NING COMMISSION
ATTEST:
~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CZTY OF ANAHEIM )
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 February 18, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, RAMIREZ
NOES: COMMISSIONERS: ICARAICI, ROMERO
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 3 rot day of
Mazch, 2009.
~1,1.~ ~~ ~```_
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 3 - PC2009-027
E\HIS[T „~"
CONAITION,AL LISE FERMIT NO. 200$-O5394
SUMAC LN
~
~
^
J
U
~
W
KATELLA AVE
..~.e~.o~a.~..~oa~o.~..~,
.
1
f- a
(n e
~ ~
•
-
J ~
U ~
~ .
uJ •
e
.
.
~
H
~
Q
~
Q
~
- 4 - PC2009-027
Source: Recofdzd Tract Maps andlor Ciry GIS.
Pleas= note the accurecy is +/- i~vo to five feet
~ ~~
CONDITIONAL USE PERIVIIT NO. 2008-05394
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL - ONGOING DURING PROJECT'OPERATION
1 The sales of alcoholic beverages shall be prohibited with the Police/Code
convenience mazket. Enforcement
The pazking lot, shipping and receiving areas, driveways,
circulation azeas, aisles, passageways, recesses and grounds
contiguous to buildings on the premises shall be equipped with
2 lighting of a minimum one (1) foot candle power to illuminate Police/Code
and make easily discemible the appeuance and conduct of all Enforcement
persons on or about the pazking lot. Additionally, the posirion
of such lighring shall not disturb the normal privacy and use of
any neighboring residences.
There shall be no public telephones on the property that are police/Code
3 located outside of the building and within the control of the Enforcement
applicant.
The business owner shall be responsible for maintaining free of
litter the area adjacent to the premises over which they have
control, in an orderly fashion through the provision of regulaz police/Code
4 maintenance and removal of trash or debris. Any graffiti Enforcement
painted or marked on the premises or on any adjacent azea
under the control of the licensee shall be removed or painted
over within 24 hours of being applied.
The rear door(s) shall be kept closed at all times during the
5 operarion of the premises except in the cases of emergency and Police/Code
to permit deliveries. Said door(s) shall not consist enfirely of a Enforcement
screen door or ventilated security door.
The subject property shall be developed substantially in
accordance with plans and specificarions submitted to the City
6 of Anaheim by the petitioner and which plans are on file with Planning
the Planning Aepartment marked Exhibit Nos. 1(Site Plan )
and 2(Floor Plan), and as conditioned herein.
Approval of this application constitutes approval of the
proposed request only to the extent that complies with the
Anaheim Municipal Zoning Code and any other applicable
7 City, State and Federal regulations. Approval does not include Planning
any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regularion or
requirement.
- 5 - PC2009-027