RES-2009-066RESOLUTION NO. 2009-066
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL
USE PERMIT NO. 2008 05394.
WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning
Commission") did receive a verified Petition for Conditional Use Permit No. 2008 -05394 to
permit a convenience market and authorize the sale of beer and wine for off premises
consumption on that certain real property generally located at 1685 West Katella Avenue,
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. 2008 -05394 is proposed in conjunction
with Determination of Public Convenience or Necessity No. 2008 -00051 (hereinafter the
Proiect 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, notices of which public hearing were duly
given as required by law and the provisions of Title 18 of the Anaheim Municipal Code; 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 -027 granting Conditional Use Permit No.
2008- 05394, in part, to permit a convenience market, but denied the request to permit the sale of
beer and wine for off premises consumption. Accordingly, no action was taken by the Planning
Commission on Determination of Public Convenience or Necessity No. 2008- 00051, to
determine whether the public convenience or necessity would be served by the issuance of an
alcoholic beverage control license for the sale of beer and wine for off premises consumption;
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. within the time prescribed by law, the applicant did appeal said
Planning Commission decision to the Anaheim City Council, asking the City Council to
reconsider Conditional Use Permit No. 2008 -05394 and Determination of Public Convenience or
Necessity No. 2008-00051, 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
novo 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:
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 (Markets Small and
Alcoholic Beverage Sales Off Sale).
2 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 or to the health. safety and general welfare of the general public because all sales and
operations occur within the business premises.
That the traffic generated by the convenience market will 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 Katella Avenue, has
sufficient parking to accommodate the proposed retail use. and requires no more parking than
other retail uses in the surrounding area.
4 That the granting of the conditional use permit under the conditions imposed
proposed will not adversely affect the adjoining commercial and residential land uses and the
growth and development of the area in which the use is proposed to be located.
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
documentati on.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council does
hereby grant Conditional Use Permit No. 2008 -05394 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.
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 Pei
Approval) and 18.60 200 (City- Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
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 hereinabove set forth. Should any such conditions, or any part
thereof, he 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
yoid.
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 City of Anaheim this 14thday of April 2009, by the following roll call vote:
AYES Council. Members Hernandez, Sidhu, Galloway, Kring
NOES NONE
ABSENT NONE
ABSTAIN: Mayor Pringle
72531.v2'MGordon
CITY OF ANAHEIM
By: L 6 Gt
Mayor pro tem City of Anaheim
EXHIBIT "A"
CONDITIONAL t SE PERMIT NO. 2008 -05394
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1 t 1 r
1
SUMAC LN
111
KATELLA AVE
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is two to five feet.
10703
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2008 -05394
RESPONSIBLE
FOR
MONITORING
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NO. CONDITIONS OF APPROVAL
GENERAL ONGOING DURING PROJECT <DPER4TION
The parking lot, shipping and receiving areas, driveways,
circulation areas, aisles, passageways, recesses and grounds
contiguous to buildings on 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.
There shall be no public telephones on the property that are
located outside of the building and within the control of the
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 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 rear door(s) shall be kept closed at all times during the
4 operation of the premises except in the cases of emergency and
to permit deliveries. Said door(s) shall not consist entirely of a
screen door or ventilated security door.
No alcoholic beverages shall be displayed outside of the
building or within five (5) feet of any public entrance to the
building.
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.
The area of alcoholic beverage displays shall not exceed 25% of
the total display area in a building
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The sales of alcoholic beverages shall be made to customers
only when the customer is in the building.
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No person under 21 years of age shall sell or be permitted to
sell alcohol without someone 21 years of age or older present.
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Beer and malt beverages in quantities of quarts, 22 oz., 40 oz.,
or similar size containers may be sold individually for one year
from the date of business license issuance. After one (1) year
of operation beer and malt beverages in quantities of quarts, 22
oz., 40 oz., or similar size containers may be sold only in multi-
unit, prepackaged quantities as delivered from the distributor.
Wine may be sold in sizes less than 750 ml. and wine coolers
may be sold individually for one year from the date of business
license issuance. After one (1) year of operation wine shall not
be sold in bottles or containers smaller than 750 ml. and wine
coolers may sold only in multi -unit, prepackaged quantities as
delivered from the distributor.
The applicant may amend this conditional use permit to allow
the sales of individual containers of beer and /or wine coolers
provided that the sales of these items in the first year of
operation have not resulted in a public nuisance. The cost of
such an amendment shall be the applicant's responsibility.
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The possession of alcoholic beverages in open containers and
the consumption of alcoholic beverages are prohibited on or
around the premises.
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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.
Planning
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
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.
Planning