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Resolution-PC 2014-002RESOLUTION NO. PC2014 -002 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004- 04844 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00125) (611 SOUTH BROOKHURST STREET) WHEREAS, on August 3, 2004, pursuant to the appeal of the action taken by the Planning Commission of the City of Anaheim (the "Planning Commission ") at its regular meeting of June 30, 2004, the City Council of the City of Anaheim, by adoption of its Resolution No. 2004 -171, did approve Conditional Use Permit No. 2004 -04844 and Public Convenience or Necessity No. 2004 -00015 to permit sales of alcoholic beverages for off -site consumption in conjunction with a drug store (herein referred to as the "Original CUP ") on that certain real property located at 611 South Brookhurst Street in the City of Anaheim, which is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, City Council Resolution No. 2004 -171 contained the following condition of approval: "1. That the sale of alcoholic beverages for off - premises consumption shall expire one (1) year from the date of occupancy." WHEREAS, on September 19, 2005 and June 12, 2006, as Report and Recommendation items, the Planning Commission reviewed and approved requests for time extensions for the overall project in order to allow the applicant additional time to comply with conditions of approval; and WHEREAS, the Property is approximately 1.08 acres in size and is developed with a 19,838 square foot drug store with sales of alcoholic beverages for off -site consumption that has been operating since 2007; and WHEREAS, the Property is located in and subject to the regulations and development standards of the General Commercial ( "C -G ") Zone, except as otherwise specified in the Brookhurst Commercial Corridor (BCC) Overlay Zone. The Anaheim General Plan designates the Property for Low- Medium Density Residential land uses; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2004 - 04844B") to delete the above -noted condition of approval establishing a one -year time limitation for the sales of alcoholic beverages for off -site consumption (collectively referred to herein as the "proposed project "); and WHEREAS, the conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the 'Previous Conditions of Approval "; and - 1 - PC2014 -002 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2014 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 (the "Code "), to hear and consider evidence for and against said proposed amendment to the Original CUP 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 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consists 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; 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 pertaining to the request for an amendment to the Original CUP to delete a condition, does find and determine the following facts: 1. The proposed amendment of the Original CUP to delete a condition of approval pertaining to a time limitation for the sales of alcoholic beverages for off -site consumption at an existing drug store is properly one for which a conditional use permit is authorized by Section 18.08.030 (Uses) of the Zoning Code; and 2. The proposed amendment to the Original CUP would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the sales of alcoholic beverages is consistent with the existing operational characteristics of the drug store. Further, the drug store has operated with the sales of alcoholic beverages for over six years and this approval includes additional conditions of approval that will serve to reduce criminal activity on the property. 3. The size and shape of the site is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety general welfare of the public because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. Moreover, the Property is currently developed with a drug store with no proposed expansion of the existing building; and 4. The proposed amendment to the Original CUP will have no effect upon traffic generated by the existing drugstore and will not impose an undue burden upon the streets and highways designed and improved to cant' the traffic in the area. Deletion of the time limitation for the sales of alcoholic beverages for off -site consumption will not result in an increase in the existing volume of traffic. In addition, the number of vehicles entering and exiting the Property is consistent with typical retail businesses that are permitted as a matter of right within the General Commercial (C -G) Zone; and 5. The granting of the amendment to the Original CUP under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will maintain a land use that is compatible with the surrounding area. -2- PC2014 -002 NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2004- 04844B, thereby amending the Original CUP. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety and, therefore, reflect the amendment and restatement of the Prior Conditions of Approval and the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. BE IT FURTHER RESOLVED, that 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 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 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 Conditional Use Permit No. 2004- 04844B constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. Mwo , CHAIR, ANAHEIM CITY PLAN! iG COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2014 -002 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 January 13, 2014, by the following vote of the members thereof- AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of January, 2014. c SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2014 -002 EXHIBIT "A" DEV NO. 2013-00125 APN: 127 - 231 -56 127 - 231 -59 127 - 231 -60 �� ORkfgGE LL p ANAHEIPf LL ❑ y p � F W Z T � � f � p U � U ut W ORANGE-AVE-1 W ORANGE AVE 315' v) > r a � D N N Y O O m IT 336' � � ❑ r v, CL D z z CL O W NIOBE AVE G O FFT �, ccv Source: Recorded Tract Maps and /or City GIS. Fees Please note the accuracy is +/. two to Flve feet. 5- PC2014 -002 EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004-04844 (CONDITIONAL USE PERMIT NO. 2004-04844B) (DEV2013- 00125) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 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. 2 No display of beer, wine, and/or distilled spirits shall be located outside of the Police building located on the Property or within five feet of any public entrance to said building. 3 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 beer, wine, and/or distilled spirits. Interior displays of beer, wine, and/or distilled spirits or signs which are clearly visible to the exterior shall constitute a violation of this condition. 4 The area of beer, wine, and/or distilled spirit displays shall not exceed 25% of Police the total display area in the building occupying the Property. 5 Sale of beer, wine, and /or distilled spirits shall be made to customers only Police when the customers are inside the building at the Property. 6 The possession of beer, wine, and/or distilled spirits in open containers and the Police consumption of beer, wine, and /or distilled spirits are prohibited on or around the property. 7 The business owner shall police the area under their control to prevent Police loitering on the property. 8 There shall be no amusement machines, video game devices, or pool tables Police maintained at, in or upon the building located on the property at any time, unless all required permits are first obtained from the City. -6- PC2014 -002 9 Adequate lighting of parking lots, passageways, recesses, and grounds Planning contiguous to buildings shall be maintained with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 10 No required parking area shall be fenced or otherwise enclosed for outdoor Code storage. Enforcement 11 There shall be no public telephones on the property that are located outside the Code building and within the control of the applicant. Enforcement 12 The Applicant shall defend, indemnify, and hold harmless the City and its Planning officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 13 The applicant is responsible for paying all charges related to the processing of Code this discretionary case application within 30 days of the issuance of the final Enforcement 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 may result in the revocation of the approval of this application. 14 The property shall be maintained substantially in accordance with plans and Planning specifications submitted to and approved by the Anaheim City Council on August 3, 2004, and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 5, and as conditioned herein. -7- PC2014 -002