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Resolution-PC 2009-124RESOLUTION NO. PC2009 -124 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003 -04823 (TRACKING NO. CUP2003- 04823A) AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2006 -53 (DEV2009- 00050) (2530 EAST LA PALMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 2003 04823, to modify or delete a condition of approval pertaining to the sales of single serving alcoholic beverages, pursuant to Code Section No. 18.60.190 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference; and WHEREAS, on February 9, 2004, the Anaheim City Planning Commission, by its Resolution No. PC2004 -20, did approve a remodel and expansion of an existing service station with a convenience market and accessory self -serve car wash with a smaller structural setback abutting an arterial than permitted by code; and WHEREAS, on June 12, 2006, the Anaheim City Planning Commission, by its Resolution No. PC2006 -53, did approve an amendment to Conditional Use Permit No. 2003 -04823 to permit the sale of beer and wine for off premises consumption in the convenience market to include the following conditions of approval: "5 That no person under twenty -one (21) years of age shall sell or be permitted to sell beer or wine." "6 That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack." WHEREAS, this property is currently developed with a 1,969 square foot convenience market with a service station and car wash facility and is located in 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 December 7, 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 consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1 PC2009 -124 1. The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2. The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3. The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare as there have not been any code violations on this property. 4. With regard to the deletion of Condition No. 5 that a person under twenty one years of age be permitted to sell beer and wine and Condition No. 6 pertaining to the sales of single- serving alcoholic beverages, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 5. The existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 6. The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property. 7. The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property. 8. The traffic generated by the existing use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property or complaints of parking or traffic impacts. 9. Police Department recommends approval of the request to delete the conditions of approval. Based upon research of crime statistics for the area and calls for service to this location, there is no indication of any identifiable problems associated with the existing sales of singles. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 2003- 04823, as previously amended, to delete Condition Nos. 5 and 6 of Resolution No. PC2006 -53 pertaining to the deletion of the restriction of anyone under the age of 21 selling alcoholic beverages as requested by staff and the single sales of beer and wine as requested by the applicant and. 2 PC2009 -124 BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2006 -53, adopted in connection with Conditional Use Permit No. 2003 04823, as amended by Planning Commission Resolution No. PC2004 -20, as described in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, 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 the 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, except as expressly amended herein, the provisions of Resolution No. PC2006 -53, approving Conditional Use Permit No. 2003 04823, as previously amended, shall remain if full force and effect. 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning 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. 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. Failure to pay all charges shall result in the revocation of the approval of this application. of December 7, 2009. ATTEST: THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting f CHAIRMA f, ANAHEIM CITY PLANNING COMMSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2009 -124 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY 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 December 7, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF. I have hereunto set my hand this 7 day of December, 2009. SENIOR SECRETARY, ANAHEIM C PLANNING COMMISSION 4 PC2009 -124 E APN: 083 020-48 i i J E BELMONT CT .1 EXHIBIT "A" DEV2009 -00050 E LA PALMA AVE ,125'' in SNI 150' 0 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10879 5 PC2009 -124 AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04823 (TRACKING NO, CUP2003- 04823A) (DEV2009- 00050) EXHIBIT "B" NO. CONDITIONS OF APPROVAL GENERAL 1 There shall be no exterior advertising or sign of any kind or 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. 2 3 4 No alcoholic beverages shall be displayed outside of the building or within five (5) feet of any public entrance to the building. The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building The sales of alcoholic beverages shall be made to customers only when the customer is in the building. 5 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises 6 The parking Iot of the premises shall be equipped with lighting of a minimum one (1) foot candle 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 residences. 7 There shall be no amusement machines, video game devices or pool tables maintained on the premises at any time. 8 There shall be no public telephones on the property that are located outside of the building and within the control of the applicant. 9 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 regular maintenance and removal of trash or debris. Any graffiti painted or marked on the premises or on any adjacent area under the control of the licensee shall be removed or 6 RESPONSIBLE FOR MONITORING Police /Code Enforcement Police /Code Enforcement Police /Code Enforcement Police /Code Enforcement Police /Code Enforcement Police /Code Enforcement Police /Code Enforcement Code Enforcement Code Enforcement PC2009 -124 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING painted over within 24 hours of being applied. 10 The on -site landscaping including the trees shall be maintained in a health condition. Any landscaping which is damage, diseased or dies shall be replaced in a timely manner. Code Enforcement 11 No required parking area shall be fenced or otherwise enclosed for Planning outdoor storage area. 12 Subject property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the business owner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plan), Exhibit No. 3 (Landscape Plan), Exhibit 4 (Elevations), Exhibit 5 (Elevations), Exhibit 6 (Roof Plan) and Exhibit 7 (Sign Plans) and as conditioned herein. 7 PC2009 -124