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Resolution-PC 2012-102RESOLUTION NO. PC2012 -102 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3333 AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2012 -00092 FOR A TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE (DEV2012- 00121) (8000 EAST SANTA ANA CANYON ROAD) WHEREAS, on September 10, 1990, and subject to certain conditions of approval, the Anaheim City Planning Commission (hereinafter referred to as the 'Planning Commission "), by its Resolution No. PC90 -229, did approve Conditional Use Permit No. 3333 to permit a convenience market and car wash in conjunction with a service station (herein referred to as the "Original CUP ") on that certain real property located at 8000 East Santa Ana Canyon Road in the City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this reference (the 'Property "); and WHEREAS, the Planning Commission did receive a verified Petition to amend the Original CUP (herein referred to as "Conditional Use Permit No. 3333A "), pursuant to Section 18.60 -190 of the Anaheim Municipal Code, and a Determination of Public Convenience or Necessity No. 2012- 00092, to permit beer and wine sales for off - premises consumption within an existing service station convenience market at the Property; and WHEREAS, the Property is currently developed with a 2,083 square foot convenience market/car wash building and a 3,588 square foot pump island canopy structure; the zoning is the Festival Specific Plan (SP90 -1); and the Anaheim General Plan designates the Property for Regional Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 17, 2012 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 Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 3333A and Public Convenience or Necessity No. 2012 - 00092, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 etseq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. - 1 - PC2012 -102 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 pertaining to the request for Public Convenience or Necessity No. 2012- 00092, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R -134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC). 2. California State law requires a Determination of Public Convenience or Necessity when property is located in a census tract with more off -sale alcohol licenses than allowed; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license. 3. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 4. The property is located in Police Reporting District No. 1244 which has a crime rate that is 34% above the citywide average; however, the crime rate within 1 /4 mile of this property is below the citywide average based upon calls for service. The property is also located within Census Tract No. 219.22 which has a population of 4,581. This census tract allows for three off-sale licenses and the proposed off -sale license would be the sixth license in the tract. Since there is an overconcentration in the number of ABC licenses within this census tract, and a crime rate above the citywide average, a determination of public convenience or necessity is required for this request. 5. A Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that granting the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of beer and wine will be ancillary to the primary sale of gasoline and general merchandise within the convenience market. The sale of beer and wine would also serve as an added convenience to residents and visitors to the area who choose to shop at this establishment. -2- PC2012 -102 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 pertaining to the request for Conditional Use Permit No. 3333A, does find and determine the following facts: 1. The request to allow beer and wine sales for off- premises consumption in a service station convenience market is properly one for which a conditional use permit is authorized, subject to City Council approval of Specific Plan Amendment No. 2012 -00064 to allow alcoholic beverage sales in conjunction with service stations in the Festival Specific Plan. 2. The request to allow the proposed beer and wine sales would not adversely affect the surrounding land uses and the growth and development of the area because the use would be compatible with the surrounding retail and restaurant uses and all activities will occur inside the building. 3. The size and shape of the Property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because no expansion to the building is proposed and sufficient parking will continue to be provided to accommodate the service station facility. 4. The traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site is consistent with typical retail businesses that would be permitted as a matter of right within the Festival Specific Plan zone. 5. Granting Conditional Use Permit No. 3333A under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 3333A and Public Convenience or Necessity No. 2012- 00092, including, specifically, the conditions of approval set forth 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 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 the conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that Conditional Use Permit No. 3333A and Public Convenience or Necessity No. 2012 -00092 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. -3- PC2012 -102 BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 3333A and Public Convenience or Necessity No. 2012 -00092 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 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. Failure to pay all charges shall result in the revocation of the approval of this application. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amends the Previous Conditions of Approval in conjunction with Conditional Use Permit No. 3333 and, except as specifically amended hereby, the Previous Conditions of Approval shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 17, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18:60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR PRO TEMFURE, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR ARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -102 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, 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 December 17, 2012, by the 'following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: AGARWAL, RAMIREZ ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 17 ° i day of December, 2012. SENIOR Y, ANAHEIM CITY PLANNING COMMISSION -5- PC2012 -102 EXHIBIT "A" D EV NO. 2012 -00121 91FKttVVHY n M N CANYON RD -6- PC2012 -102 ® Source: Recorded Tract Maps and /or City GIS. _.., Please note the accuracy is +/_ two to five feel. EXHIBIT "Bf° AMENDMENT TO CONDITIONAL USE PERMIT NO. 3333 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00092 (DEV2012- 00121) -7- PC2012 -102 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY GENERAL I No required parking area shall be fenced or otherwise enclosed for outdoor Planning storage. 2 Any graffiti painted or marked upon the premises or on any adjacent area Code under the control of the property owner shall be removed or painted over Enforcement within 24 hours of being applied. 3 No display of alcoholic beverages shall be located outside of a building or Police within five (5) feet of any public entrance to the building. 4 There shall be no exterior advertising or sign of any kind or type, including Police 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. 5 The area of alcoholic beverage displays shall not exceed 25% of the total Police display area in a building. 6 Sale of alcoholic beverages shall be made to customers only when the Police customer is inside the building. 7 The possession of alcoholic beverages in open containers and the Police consumption of alcoholic beverages are prohibited on or around these premises. 8 The business owner shall police the area under their control in an effort to Police prevent the loitering of persons around the premises. 9 The parking lot shall be equipped with lighting of sufficient power to Police 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. 10 The property shall be developed substantially in accordance with plans and Planning specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. i (Site Plan) and 2 (Floor Plan), and as conditioned herein. -7- PC2012 -102