Resolution-PC 2011-017RESOLUTION NO. PC2011 -017
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIAT
ENVIRONMENTAL DOCUMENTATION AND APPROVING
CONDITIONAL USE PERMIT NO. 2011 -05549
(DEV2011- 00009)
(2808 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2011 -05549 to permit a convenience store with the sales
of alcoholic beverages for off -site consumption in conjunction with a Request for Determination
of Public Convenience or Necessity No. 2011 -00076 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, this property is developed with a commercial center located in the C-
G (General Commercial) zone and the Anaheim General Plan designates the property for Low -
Medium Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 28, 2011, at 5:00 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, to hear and consider evidence for and against said proposed
conditional use permit 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. The request to permit a convenience store and to permit the sales of alcoholic
beverages for off -site consumption is properly one for which a conditional use permit is
authorized under Code Section Nos. 18.08.030.040.0402 (Primary Uses, Commercial Zones) and
18.38.110 (Convenience Stores) of the Anaheim Municipal Code.
2. The proposed convenience store with the sales of alcoholic beverages for off -site
consumption 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 with similar surrounding uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the
health and safety of the citizens of Anaheim because this convenience store with the sales of
alcoholic beverages for off -site consumption will not impact the development of the area.
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4. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the traffic
generated by this use will not exceed the volume of traffic planned for the streets and highways
in the area.
5. 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 as the existing land
use will continue to be compatible with the surrounding area and the proposed sales of alcoholic
beverages are not a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, 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 does hereby approve Conditional Use Permit No. 2011 -05549 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. 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 this Conditional Use 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 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.
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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 or prior to the issuance of building permits for this project,
whichever occurs first. 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 was ado d at the Planning Commission
meeting of March 28, 2011.
ATTEST:
SENIOR SEC TARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
7
CHAIRMAN, ANAHE' ITY 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 March 28, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: AGARWAL, RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of March 2011.
AC- l/L
SENIOR SEC ARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2011 -017
-]APN: 126-012-08!
117 94 A49
DEV2( 1 n -ooOO9
W LINCOLN AVE
90'
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N N
90'
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
11083 to
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CONDITIONAL USE PERMIT NO. 2011-05549
(DEV2011- 00009)
EXHIBIT `B"
NO. CONDITIONS OF APPROVAL
PRIOR TO BUILDING AND ZONING INSPECTION
GENERAL
1 Business to be equipped with alarm system (silent or
audible.
2 Complete a Burglary/Robbery Alarm Permit
application, Form APD 516, and return it to the
Police Department prior to initial alarm activation.
This form is available at the Police Department front
counter, or it can be downloaded from the following
web site:
httu://www.anaheim.net/article.asp?id=678
3 File Emergency Listing Card, Form APD -281, with
the Police Department, available at the Police
Department front counter, or it can be downloaded
from the following web site:
http://www.anaheim,net/article.asn?id=678
4 No display of alcoholic beverages shall be located
outside of a building or within five (5) feet of any
public entrance to the building.
5 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.
6 The area of alcoholic beverage displays shall not
exceed 25% of the total display area in a building.
7 Sale of alcoholic beverages shall be made to
customers only when the customer is in the building.
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REVIEW
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PC2011 -017
8 The possession of alcoholic beverages in open
containers and the consumption of alcoholic
beverages are prohibited on or around these
premises.
9 There shall be no public telephones on the property
that are located outside the building and within the
control of the applicant.
10 There shall be no amusement machines, video game
devices, or pool tables maintained upon the premises
at any time.
11 The gross sales of alcoholic beverages shall not
exceed 35 percent of all retail sales during any three
(3) month period. The applicant shall maintain
records on a quarterly basis indicating the separate
amounts of sales of alcoholic beverages and other
items. These records shall be made available for
inspection by any City of Anaheim official when
requested.
12 Business owner shall police the area under their
control in an effort to prevent the loitering of
persons around the premises.
13 Any graffiti painted or marked upon 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.
14 The business shall not operate beyond 10:00 p.m.
each day of the week.
15 The parking lot shall be equipped with lighting of
sufficient power to illuminate and make easily
discernible the appearance and conduct of all
persons on or about the parking lot.
16 The subject property shall be developed substantially
in accordance with plans 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.
Police
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