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RES-2009-139RESOLUTION NO. 2009 -139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2009 -05422 (859 SOUTH HARBOR BOULEVARD). WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2009 -05422 to permit a convenience market with the sale of beer and wine for off premises consumption in an existing commercial building on that certain real property generally located at 859 South Harbor Boulevard. Anaheim, California, as more particularly shown in Exhibit A attached hereto and incorporated herein by this reference (hereinafter the `'application and WHEREAS, Conditional Use Permit No. 2009 -05422 is proposed in conjunction with Determination of Public Convenience or Necessity No. 2009 -00060 (hereinafter the 'Project Actions and WHEREAS, this property is currently developed with a convenience market 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 upon said application at the City Hall in the City of Anaheim, notice of said public hearing having been duly given as required by law and the provisions of Title 18 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission has reviewed the Project Actions and did find and determine that 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; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing did adopt its Resolution No. PC2009 -058 granting Conditional Use Permit No. 2009 -05422 to permit a convenience market with the sale of beer and wine for off premises consumption in an existing commercial building; and WHEREAS, within the time prescribed by law, an interested party did appeal said Planning Commission decision to the Anaheim City Council, asking the City Council to reconsider Conditional Use Permit No. 2009 -05422 and Determination of Public Convenience or Necessity No. 2009 00060, as requested by applicant, to permit the sale of beer and wine for off premises consumption in conjunction with a convenience market; and WHEREAS, the City Council did set said application for such project for a de nolvo hearing. which public hearing was duly noticed in the manner provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold a duly noticed public hearing to consider said application and did receive and consider evidence and testimony for and against the application, and based thereon does hereby make the findings and determinations hereinafter set forth; and WHEREAS. the City Council does find, after careful consideration of all evidence and reports submitted to the Anaheim City Planning Commission and the action taken by said Commission, and all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in the Anaheim Municipal Code are present for the following reasons: 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 (Markets Small and Alcoholic Beverage Sales Off- Sale). 2. The proposed beer and wine sales would not 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 proposed sale of beer and wine would be between 5% to 6% of the total sales. 3. The proposed convenience market would not 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 all business activities would remain inside the building. 4. 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. The traffic generated by the convenience market would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the convenience market is consistent with the types of uses along Harbor Boulevard and the business requires no more parking than any other retail uses. 6 The granting of the conditional use permit under the conditions imposed will not be detrimental to the heath and safety of the citizens of the City of Anaheim. WHEREAS, the City Council has reviewed the Project Actions and does find and determine that the proposed project falls within the definition of Categorical Exemptions, Section 15501. 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 City Council does hereby grant Conditional Use Permit No. 2009 -05422 subject to the conditions of approval described 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 subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal 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(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions set forth in Exhibit B. Should any such conditions, or any part thereof be declared invalid or unenforceable by the final judgment of any court of competent urisdiction, 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 this permit is approved without limitations on 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 the business owner 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 delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the Cit of Anaheim this 11th day of August 2009, by the following roll call vote: AYES Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: 41 CITY C ERK 0 TH CI Y OF AHEIM k 1IMGordon CITY OF AN FIEIM By: MAYO F E CI Z3i'dF(NAHEIM EXHIBIT "A" (ONDITIONAL USE PERMIT NO. 2009 -05422 APN 036- 183 -37 0` 03 0 03 0 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 10763 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2009 -05422 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL ONGOING DURING PROJECT OPERATION 1 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 painted over within 24 hours of being applied. The hours of operation shall not extend beyond midnight seven days a week. PRIOR TO .FINAL BUILDING AND ZONING INSPECTIONS The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan and 2 (Floor Plan), and as conditioned herein. Code Enforcement Police Planning