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Resolution-PC 2011-076RESOLUTION NO. PC2011 -076 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3698 (TRACKING NO. CUP3698A) AND AMENDING CERTAIN CONDITION OF APPROVAL OF RESOLUTION NO. PC94 -100 (DEV2011- 00075) (1200 NORTH EUCLID STREET) WHEREAS, on July 25, 1994, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission "), by its Resolution No.PC94 -100, did approve a service station with car wash facility and a convenience market with less landscaping required by code; WHEREAS, Resolution No.PC94 -100 includes the following condition of approval: "3. That the sale of alcoholic beverages shall be prohibited on subject property." WHEREAS, this property is currently developed with a service station and car wash and a 977 square foot convenience market and is located in the General Commercial (C -G) zone and the Anaheim General Plan designates this property for Residential Corridor land uses; and WHEREAS, the Planning Commission did receive a verified Petition to amend Conditional Use Permit No.3698, to modify or delete certain conditions of approval and to approve the amendment to Conditional Use Permit No. 3698 to permit the sale of beer and wine for off - premises consumption pursuant to Code Section No. 18.60.190 of the Anaheim Municipal Code 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; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 10, 2011, at 5:00p.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 amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning 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 C -G (General Commercial) zone permits by conditional use permit the sales of beer and wine for off -site consumption in conjunction with a convenience market located within a service station , pursuant to Sections 18.08.040 (Conditional Uses, Commercial Zones).of the Anaheim Municipal Code. The proposed sales of alcoholic beverages for off -site consumption will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be PC2011 -076 located because it is accessory to the convenience market and has commercial uses surrounding the property. 2. The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 3. The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 4. The existing permit has been consistently exercised in a manner'that is not detrimental to either the particular area or to the health and safety of the citizens of the City of Anaheim and there have not been any code violations relating to the subject property. 5. With regard to the deletion of Condition No.3 which prohibits the sale of beer and wine for off - premises consumption, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 6. The existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 7. The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property. 8. The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property. 9. The traffic generated by the existing use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property or complaints of parking or traffic impacts. 10. Police Department recommends approval of the request to delete the conditions of approval and the amendment to the conditional use permit to allow the sale of beer and wine for off - premises consumption. Based upon research of crime statistics for the area and calls for service to this location, there is no indication of any identifiable problems associated with the proposed sales of beer and wine for off - premises consumption. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. 2 PC2011 -076 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.3698, to delete Condition No. 3 pertaining to prohibition of the sale of alcoholic beverages and to approve the amendment to Conditional Use Permit No 3698 to permit the sale of beer and wine for off - premises consumption. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No.PC94 -100, to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions 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 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, except as expressly amended herein, the provisions of Resolution No.PC94-100, approving Conditional Use Permit No.3698 shall remain if full force and effect. BE IT FURTHER RESOLVED 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 of 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 the Anaheim 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 findings hereinabove set forth. 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 peiwits 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the amendment to the conditional use permit 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. - 3 - PC2011 -076 of October 10, 2011. ATTEST: THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEIM CrtY PLAN - G OMMISSION kA) SENIOR SECRETARY, ANAHEIM CITY PLA NING 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 October 10, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT. FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 10 day of October 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2011 -076 EXHIBIT "A" DEV NO. 2011 -00075 AP N : 073 -384 -61 073 - 384 -58 IB 0 i so 00 ®M Fctt W MEDICAL CENTER DR TO Oirl W ROMNEYA DR 1 W ROMNEYA DR W CUTTER RD Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +l- two to five feet. 00075 5 PC2011 -076 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 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 Department 2 No display of alcoholic shall be located outside of-a building or within five (5) feet of any public entrance to the building. Police Department 3 The area of alcoholic displays shall not exceed 25% of the total display area in a building. Police Department Sale of alcoholic shall be made to customers only when the customer is in the building. Police Department 5 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. Police Department 6 The sale of beer or malt beverages in quantities of quarts, 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. Police Department 7 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 8 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. Police Department 9 There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. Police Department 10 The sale of alcohol shall not be permitted between the hours of 12:00 a.m. and 6:00 a.m. each day of the week. Police Department EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 3698 (TRACKING NO. CUP3698A) ( DEV2011- 00075 6- PC2011 -076