Resolution-PC 2017-048RESOLUTION NO. PC2017-048
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05915 TO PERMIT A TYPE 20 (OFF -SALE BEER AND WINE)
ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2017-00046)
(6509 EAST SERRANO AVENUE, SUITE E)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05915
to pen -nit the sale of beer and wine with a Type 20 (Off -Sale Beer and Wine) license issued by the
State of California Department of Alcoholic Beverage Control (herein referred to as "ABC") for
off -premises consumption in conjunction within an existing convenience store located at 6509 East
Serrano Avenue, Suite E, in the City of Anaheim, County of Orange, State of California. The
existing convenience market is located within a retail commercial center on real property generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property"); and
WHEREAS, the Property is part of a 3.06 -acre commercial retail center, which is located
within the "C -NC" Neighborhood Center land use designation of the Anaheim General Plan. The
Property is located in the "C -G" General Commercial Zone and is subject to the zoning and
development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal
Code (the "Code"); provided, however, that the requirements of the Scenic Corridor (SC) Overlay
Zone, as set forth in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) shall apply to the Property
and supersede any inconsistent regulations of the "C -G" General Commercial Zone; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 15, 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 proposed Conditional Use Permit No.
2017-05915, 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 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 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 with respect to the request for Conditional Use Permit No. 2017-05915, does find and
determine the following:
1. The proposed request to permit the sale of beer and wine for off -premises consumption
in conjunction with a convenience store in an existing commercial center is an allowable use within
the "C -G" General Commercial Zone under subsection .010 of 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 proposed request to permit the sale of beer and wine for off -premises consumption
in conjunction with a convenience store would not adversely affect the surrounding land uses and
the growth and development of the area in which it is proposed to be located because the
convenience store with incidential beer and wine sales for off-site consumption is compatible with
the existing uses in the surrounding area.
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 the particular area nor to the health, safety and general welfare
of the public because the Property is currently improved with a commercial retail center and no
expansion to the building is proposed.
4. The traffic generated by permitting the sale of beer and wine for off -premises
consumption in conjunction with a convenience store 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 Property would not increase within the existing Property.
5. The granting of Conditional Use Permit No. 2017-05915 under the conditions imposed
will not be detrimental to the health and safety of 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. 2017-05915, contingent upon and subject to the conditions
of approval set forth in Exhibit B attached hereto and incorporated herein by this reference.
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BE IT FURTHER RESOLVED that the conditions of approval set forth in Exhibit B
attached hereto are hereby found to be a necessary prerequisite to the proposed use of the Property
under Conditional Use Permit No. 2017-05915 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.
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 ( 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 May 15, 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.
- a1041'414A
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 May 15, 2017, by the following vote of
the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS,
LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL
2017.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of May,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2017-00046
source: Heoufaed 9 rant Maps arv.Lr'or City GIS.
Piaase nota the accurac9 is +?. too to five fest.
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2017-05915
(DEV2017-00046)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS OF APPROVAL
1
The store shall operate in accordance with the Letter of Operation
submitted as part of the application. Any changes to the business
Planning and
operation described in the Letter of Operation, including any changes to
Building Department
the existing hours of operation, shall be subject to review and approval
by the Planning Director to determine substantial conformance with the
Letter of Operation and to ensure compatibility with the surrounding
uses.
2
No display of alcoholic beverages shall be located outside of a building
Police Department
or within five (5) feet of any public entrance to the building.
3
There shall be no exterior advertising or sign of any kind or type,
Police Department
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.
4
The area of alcoholic beverage displays shall not exceed 25% of the total
Police Department
display area in a building.
5
Sale of alcoholic beverages shall be made to customers only when the
Police Department
customer is in the building.
6
The possession of alcoholic beverages in open containers and the
Police Department
consumption of alcoholic beverages are prohibited on or around these
premises.
7
Any Graffiti painted or marked upon the premises or on any adjacent
Police Department
area under the control of the licensee shall be removed or painted over
within 24 hours of being applied.
8
Petitioner(s) shall police the area under their control in an effort to
Police Department
prevent the loitering of persons around the premises.
9
There shall be no amusement machines, video game devices, or pool
Police Department
tables maintained upon the premises at any time.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
The petitioner(s) shall be responsible for maintaining free of litter the
area adjacent to the premises over which they have control, as depicted.
11
Managers / Owners need to call the Department of Alcoholic Beverage
Police Department
Control and obtain LEAD (Licensee Education on Alcohol and Drugs
Program) Training for themselves and register employees. The contact
number is 714-558-4101.
12
The parking lot of the premises shall be equipped with lighting of
Police Department
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 residences.
13
All coolers and/or shelves that contain beer and wine displays shall be
Police Department
locked when an employee is not present in the store when the store is
open for business.
14
The existing unpermitted A -frame signs located in the landscape planter
Planning and
and along the public right-of-way directly in front of the business, as
Building Department,
well as any other unpermitted signage, shall be removed within fourteen
Planning Services
(14) days of the date of this resolution.
Division
15
The existing unpermitted string banners that connect from the storefront
Planning and
to a light pole located in the public right-of-way shall be removed within
Building Department,
fourteen (14) days of the date of this resolution.
Planning Services
Division
GENERAL CONDITIONS OFAPPROVAL
16
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees") from any and all claims,
Division
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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
17
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
Division
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.
18
The subject Property shall be developed, used and maintained
Planning Department,
substantially in accordance with plans and specifications submitted to
Planning Services
the City of Anaheim by the petitioner and which plans are on file with
Division
the Planning Department, and as conditioned herein.
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