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RES-2009-051RESOLUTION NO. 2009 051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2008 05359. WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008 -05359 to approve the exchange of an ABC license from a Type 20 license (Off Sale Beer Wine) to a Type 21 license (Off Sale General) to permit the sale of beer, wine and distilled spirits in conjunction with an existing legal non conforming convenience market generally located at 1000 West Lincoln Avenue, Anaheim, California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, this property is currently developed with a convenience market within the C -G (General Commercial) Zone, and the Anaheim General Plan designates this property for Mixed Use land uses; and WHEREAS, the Anaheim City 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 -008 granting Conditional Use Permit No. 2008 05359; and WHEREAS, within the time prescribed by law, the business owner did appeal said Planning Commission decision to the Anaheim City Council; and WHEREAS, thereafter, 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 duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; 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: 1. That the request to permit the sales of beer, wine and distilled spirits (Type 21 license) in conjunction with an existing convenience market in the C -G (General Commercial) Zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Alcoholic Beverage Sales Off Sale). 2. That the proposed beer, wine and distilled spirits 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 all business activities would remain inside the bui lding. 3. 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. 4. That 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 commercial uses along Lincoln Avenue 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 Council does hereby grant Conditional Use Permit No. 2008 -05359 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 Permit 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, 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 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 31 st day of March 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NOP ATTEST: 7" 72367.v 1 /MGordon CITY OF HEIM By: MAYOR OF THE CYI`Y ANAHEIM EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2008-05359 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 That no alcoholic beverages shall be displayed outside of the building or within five (5) feet of any public entrance to the building. Police/Code Enforcement 2 That 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. Police /Code Enforcement 3 That the area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police /Code Enforcement 4 That the sales of alcoholic beverages shall be made to customers only when the customer is in the building. Police /Code Enforcement 5 That no person under 21 years of age shall sell or be permitted to sell alcohol without someone 21 years of age or older present. police /Code Enforcement 6 That the possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. Police/Code Enforcement That the parking lot 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. Police /Code Enforcement 8 That there shall be no amusement machines, video game devices or pool tables maintained on the premises at any time. Police /Code Enforcement EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05359 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING 9 That there shall be no public telephones on the property that are located outside of the building and within the control of the applicant. Police/Code Enforcement I 0 That 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. Police/Code Enforcement 1 1 That the rear door(s) shall be kept closed at all times during the 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. Police /Code Enforcement 12 That 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 13 That 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