Resolution-PC 2010-022RESOLUTION NO. PC2010 -022
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1 (EXISTING FACILITIES)
AND APPROVING CONDITIONAL USE PERMIT NO. 2008- 05395A
(DEV CASE NO. 2010- 00006)
(1151 NORTH EUCLID STREET)
WHEREAS, on February 18, 2009, the Anaheim City Planning Commission, by
its Resolution N�. PC2009 -025, did approve Conditional Use Permit No. 2008 -05395 to permit a
convenience market with the sales of beer, wine and distilled spirits; and
WHEREAS, the property is developed with a commercial center and is located in
the General Commercial (CG) Zone and is designated for Corridor Residential land uses in the
City of Anaheim General Plan; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for a Conditional Use Permit to expand a previously approved convenience market into
an adjacent unit with the sales of beer, wine and distilled spirits 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.
WHEREAS, the applicant has requested approval to expand a previously
approved conditional use permit to permit a convenience market with the sales of beer, wine and
distilled spirits pursuant to Code Section 18.60 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 12, 2010, 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 request 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. That the proposed request to expand a previously- approved a convenience market
with the sales of beer, wine and distilled spirits is properly one for which a conditional use
permit is authorized under Code Section 18.08.030.040.0402 (Conditionally Permitted Uses) of
the Anaheim Municipal Code; and
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2. That the convenience market, as conditioned, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is located because it is
commercially zoned and is located in a commercial retail center.
3. That the size and shape of the site for the use is adequate to allow the convenience
market in a manner not detrimental to either the particular area or health and safety as
conditioned, as the property is located in an existing commercial retail center and convenience
market will require the same number of spaces as the previous retail tenant.
4. That the traffic generated by the use of the property as a convenience market, as
conditioned, wiltnot impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area and;
5. That the granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
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, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No.
2008- 05395A subject to the conditions of approval described in Exhibit `B" attached hereto and
incorporated by this reference, which 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 duration of use. Amendments, modifications and revocations of this
permit may be processed in accordance with Chapter 18.60.190 (Amendment to Permit Approval)
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
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 12, 2010. 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 Resglution in the event of an appeal.
Ai _LEST:
SENIOR SEETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
ANAHEIM RI PLANNING COMMISSION
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 April 12, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AA/LENT, BUFFA, FAESSEL, KARAKI,
ROMERO
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of April, 2010.
X7 4 rte..4
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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AP N: 072 -551 -13J
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EXHIBIT "A"
DEV2010 -00006
107'
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136.13'
140'
W GLEN AVE
Ih +CUTTER RD
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W LA PALMA AVE
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
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10905
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05395A
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
1 Rooftop address numbers shall be painted on the roof for the
police helicopter. The minimum size shall be 4' in height and 2'
in width. The lines of the numbers are to be a minimum of 6"
thick. Numbers should be spaced 12" to 18" apart. Numbers
should be painted or constructed in a contrasting color to the
roofing material. Numbers should face the street to which the
structure is addressed. Numbers are not to be visible from
ground level.
2 The subject property shall be developed substantially in
accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 (Site Plan) and 2
(Floor Plan), and as conditioned herein.
4 All exterior doors shall have adequate security hardware.
5 Rear entrance doors shall be numbered with the same address
numbers or suite number of the business. Addresses shall have a
minimum letter height of 4 inches.
6 The applicant/operator shall provide a comprehensive security
alarm system for the following:
Perimeter building and access route protection.
High valued storage areas.
Perimeter fence and security gating.
8 The applicant shall complete a Burglary /Robbery Alarm Permit
application, Form APD 516, and return it to the Police
Department prior to initial alarm activation.
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3 No required parking areas shall be fenced or otherwise enclosed Planning
for outdoor storage uses. Code Enforcement
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7 The applicant shall maintain on file an Emergency Listing Card, Police
Form APD -281, with the Police Department.
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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.
10 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.
The sale of beer or malt beverages in quantities of quarts, 16
oz., 22 oz., 32 oz., 40 oz., or similar size containers is
prohibited. No beer or malt beverages shall be sold in
quantities of less than six per sale.
14 The possession of alcoholic beverages in open containers
and the consumption of alcoholic beverages are prohibited
on or around the premises.
15 The parking lot, shipping and receiving areas, driveways,
circulation areas, aisles, passageways, recesses and grounds
contiguous to buildings 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.
16 There shall be no amusement machines, video game devices
or pool tables maintained on the premises at any time.
17 There shall be no public telephones on the property that are
located outside of the building and within the control of the
applicant.
18 Wine shall not be sold in bottles or containers smaller than
750 ml. and wine coolers shall not be sold in packages
containing less than a 4 pack.
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PC2010 -022