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Resolution-PC 2017-017RESOLUTION NO. PC2017-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05897 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00121) (2034 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016-05897 to permit an upgrade of an existing "Type 20" Off -Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a "Type 21" Off -Sale General ABC license to permit the sale of beer, wine and distilled spirits for off-site consumption within a convenience market (Family Beer Wine Water Market), (herein referred to collectively as the "Proposed Project") for certain real property located at 2034 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2016-05897 is proposed in conjunction with Public Convenience or Necessity No. 2016-00134, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property, consisting of approximately 0.88 acres, is developed with a 11,200 square foot commercial center, including the 1,200 square foot market. The Anaheim General Plan designates the Property for Corridor Residential land uses. The Property is located within the "C -G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2017 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 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, this Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the - 1 - PC2017-017 CEQA Guidelines, 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 Conditional Use Permit No. 2016-05897, does find and determine the following facts: 1. The proposed request to upgrade an existing "Type 20" Off -Sale Beer and Wine Alcoholic Beverage Control (ABC) license to a "Type 21" Off -Sale General ABC license to permit the sale of beer, wine and distilled spirits for off-site consumption within a convenience market is an allowable use within the "C -G" General Commercial Zone under Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "C -G" General Commercial Zone. 2. The use proposed under Conditional Use Permit No. 2016-05897, under the conditions imposed, are compatible with the existing uses in the surrounding area. 3. The size and shape of the site for the use proposed under Conditional Use Permit No. 2016-05897 are, under the conditions imposed, 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 because the convenience market on the Property will adhere to all required land use standards. 4. The traffic generated by the uses proposed under Conditional Use Permit No. 2016- 05897, under the conditions imposed, 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 increase due to the upgrade of the ABC license. 5. The granting of Conditional Use Permit No. 2016-05897, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2016-05897, contingent upon and subject to (i) approval of Public Convenience or Necessity No. 2016-00134, now pending, and (ii) 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 under Conditional Use Permit No. 2016-05897 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete - 2 - PC2017-017 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. BE IT FURTHER RESOLVED that any amendment, modification or revocation 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 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 this application 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 23, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. VA _ri ( Lig �_ k, - CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2017-017 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 23`d day of January, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-017 EXHIBIT "A" DEV NO. 2016-00121 APN: 128-031-24 a W LJ _W z Z W 0 m p Z Q Q W DIANE WAY 'a Z n O n Z W LINCOLN AVE ,L3 249' W a 67' w '^ 198' W EMBASSY AVE Q J CW C Q U H o so 00 Source: Recorded Tract Maps and/or City GIS. Feer Please note the accuracy is +/- two to five feet. - 5 - PC2017-017 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05897 (DEV2016-00121) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The area of alcoholic beverage displays shall not exceed 25% Police Department of the total display area in a building. 2 There shall be no exterior advertising or sign of any kind or Police Department 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. 3 No display of alcoholic beverages shall be located outside of a Police Department building or within five (5) feet of any public entrance to the building. 4 Sale of alcoholic beverages shall be made to customers only Police Department when the customer is in the building. 5 The possession of alcoholic beverages in open containers and Police Department the consumption of alcoholic beverages are prohibited on or around these premises. 6 Any Graffiti painted or marked upon the premises or on any Police Department adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 7 The petitioner(s) shall be responsible for maintaining free of Police Department litter the area adjacent to the premises over which they have control,as depicted. 8 Managers/Owners need to call the Department of Alcoholic Police Department Beverage Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training for themselves and register employees. The contact number is 714-558-4101. 9 The parking lot of the premises shall be equipped with lighting Police Department of sufficient power to 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 businesses. 10 Petitioner(s) shall police the area under their control in an Police Department effort to prevent the loitering of persons about the premises. - 6 - PC2017-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 11 The Petitioner(s) shall post and maintain a professional quality Police Department sign facing the premises parking lot(s) that reads as 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. 12 The convenience market shall be operated in accordance with the Planning and Building Statement of Operations submitted as part of this application. Any Department, changes to the business operation as described in that document shall Planning Services be subject to review and approval by the Planning Director to Division determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 13 The applicant shall be responsible for maintaining the area adjacent to Planning and Building the premises over which they have control, in an orderly fashion Department, through the provision of regular maintenance and removal of trash or Code Enforcement debris. Any graffiti painted or marked upon the premises or on any Division adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. GENERAL CONDITIONS 14 The existing unpermitted pole sign and feather signs located in the Planning and Building landscape planter directly in front of the business shall be removed Department, within thirty (30) days of the date of this resolution. Planning Services Division 15 The applicant shall provide evidence that building permits were Planning and Building obtained for the two wall signs, or shall obtain a new building pen -nit Department, for said signs, within 30 days of the date of this resolution. Planning Services Division 16 Window signs shall comply with the maximum area allowed by the Planning and Building Zoning Code. At no time shall window signs exceed 20% of the Department, window area. Planning Services Division 17 The Applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, 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 - 7 - PC2017-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 18 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from any Planning Services and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Division 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. 19 The property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Services Division - 8 - PC2017-017