Resolution-PC 2014-037RESOLUTION NO. PC2014 -037
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 3339 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00015)
(400 NORTH LAKEVIEW AVENUE)
WHEREAS, on September 24, 1990 and subject to certain conditions of approval, the
Anaheim City Planning Commission (the "Planning Commission "), by its Resolution No. PC90-
237, approved Conditional Use Permit No. 3339 to permit a 1,419 square foot mini - market in
conjunction with an existing service station (herein referred to as the "Original CUP ") on that
certain real property located at 400 North Lakewood Avenue in the City of Anaheim, as
generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property "); and
WHEREAS, the Original CUP, together with the aforementioned amendment thereto,
shall be referred to herein collectively as the "CUP ". 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
WHEREAS, the Planning Commission did receive a verified petition to amend the
Original CUP to permit the sale of beer and wine for off - premises consumption in an existing
convenience market and to delete Condition No. 5 of Resolution No. PC90 -237 pursuant to
Section 18.60.190 of the Anaheim Municipal Code (the "Code "). Said amendment is designated
as Conditional Use Permit No. 3339A; and
WHEREAS, the Property is approximately 0.59 acres in size and is developed with a
service station and convenience market. The Property is located in the General Commercial (C-
G) Zone and is subject to the zoning and development standards described in Chapter 18.08
(Commercial Zones) of the Code. The Land Use Element of the Anaheim General Plan
designates the Property for Neighborhood Commercial land uses; and
WHEREAS, on May 19, 2014, the Planning Commission did hold a public hearing at the
Civic Center in the City of Anaheim, notice of said public hearing having been duly given as
required by Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of
the Code, to hear and consider evidence for and against proposed Conditional Use Permit No.
3339A, 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 et seq.; 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; and
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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. 3339A, does find and
determine the following facts:
1. The request to permit the sale of beer and wine for off - premises consumption in an
existing convenience market is properly one for which a conditional use permit is authorized
under Section 18.08.030.040.0402 of the Code.
2. The sale of beer and wine for off - premises consumption in an existing convenience
market, under the conditions imposed, will not adversely affect the surrounding land uses, or the
growth and development of the area in which it is proposed to be located because the sale of beer
and wine for off - premises consumption will be compatible with the surrounding commercial and
residential uses in the area.
3. The size and shape of the site for the convenience market 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 because the site can accommodate the parking, traffic flows, and circulation
without creating detrimental effects on adjacent properties.
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 site is
already developed with a convenience market and the additional sales will not increase impacts
on the surrounding area.
5. The granting of Conditional Use Permit No. 3339A under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an
integrated land use that is compatible with the surrounding area.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:
1. Conditional Use Permit No. 3339A is hereby approved, thereby amending the Original
CUP and deleting Condition No. 5 of Resolution No. PC90 -237.
2. The conditions of approval attached to this Resolution as Exhibit B amend the Previous
Conditions of Approval for the Original CUP and, except as amended herein, all Previous
Conditions of Approval for the Original CUP shall remain in full force and effect.
3. The conditions of approval described in Exhibit B attached hereto and incorporated
herein by this reference are hereby found to be a necessary prerequisite to the proposed use of
the Property under Conditional Use Permit No. 3339A 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 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, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
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4. Conditional Use Permit No. 3339A 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 Code.
5. Approval of Conditional Use Permit No. 3339A constitutes approval of the proposed
request only to the extent that it complies with the Zoning Code of the City of Anaheim 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.
6. The 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 19, 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 resolution of the
City Council in the event of an appeal.
44 L
CHAIR, ANAHEIM CITY P rING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 May 19, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of May, 2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "Alt
DEBT NO. 2014-00015
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Source: Recorded Tract Maps and/or City GI &
Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 3339A
(DEV2014- 00015)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
WITHIN 60 DAYS OF APPROVAL OF THE PERMIT
1
The applicant shall apply for an encroachment license for existing
Public Works
private improvements within City storm drain and ingress /egress
Department,
easements.
Development
Services Division
PRIOR TO THE COMMENCEMENT OFALCOHOLIC BEVERAGE SALES
2
The business operator shall post and maintain a professional
Police
quality sign facing the premises parking lot(s) that reads as
Department
follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block
lettering. The sign shall be in English and Spanish.
3
The parking lot of the premises shall be equipped with lighting of
Police
sufficient power to illuminate and make easily discernible the
Department
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.
4
All Managers / Owners shall obtain LEAD (Licensee Education
Police
on Alcohol and Drugs Program) Training from the Department of
Department
Alcoholic Beverage Control for themselves and register
employees. The contact number is 714 -558 -4101.
OPERATIONAL CONDITIONS
5
Loitering is prohibited on or around these premises or this area
Police
under the control of the licensee(s).
Department
6
No display of alcoholic beverages shall be located outside of the
Police
building or within five (5) feet of any public entrance to the
Department
building.
7
There shall be no exterior advertising or sign of any kind or type,
Police
including advertising directed to the exterior from within,
Department
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.
8
The area of alcoholic beverage displays shall not exceed 25% of
Police
the total display area in the building.
Department
9
Sale of alcoholic beverages shall be made to customers only when
Police
the customer is in the building.
Department
10
The possession of alcoholic beverages in open containers and the
Police
consumption of alcoholic beverages are prohibited on or around
Department
these premises.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
11
Any graffiti painted or marked upon the premises or on any
Planning
adjacent area under the control of the licensee shall be removed or
Department,
painted over within 24 hours of being applied.
Code
Enforcement
12
The business operator shall police the property in an effort to
Police
prevent the loitering of persons around the premises.
Department
13
There shall be no amusement machines, video game devices, or
Police
pool tables maintained upon the premises at any time.
I Department
GENERAL
14
The Applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
15
The Applicant shall defend, indemnify, and hold harmless the City
Planning
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees ") from
Planning Services
any and all claims, actions or proceedings brought against
Division
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.
16
The Property shall be developed substantially in accordance with
Planning
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning
Planning Services
Department and as conditioned herein.
Division
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