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Resolution-PC 2008-111RESOLUTION NO. PC2008-11 L A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008-05327 AND RESOLUTION NO. PC2008-75 (TRACKING NO. CONDITIONAL USE PERMIT NO. 2008-05386) (1200 NORTH EAST STREET) WHEREAS, on August 4, 2008, the Anaheim City Planning Commission, by its Resolution No. PC2008-75, did approve Conditional Use Permit No. 2008-05327 to permit the sale of beer and wine for off-premises consumption in conjunction with an existing service station and accessory convenience market; and WHEREAS, the Anaheim Planning Commission did receive an application to amend apreviously-approved conditional use permit to expand an existing convenience mazket to include the sale of beer and wine for off-premises consumption in conjunction with an existing service station for certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated by this reference. WHEREAS, the property is currently developed with a 1,650 square foot service station building and one canopy island with eight fuel pumps and is located in the General Commercial (C-G) zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did holda public heazing at the Civic Center in the City of Anaheim on November 24, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the Following facts: 1. That the request to expand an existing convenience market and permit the sale of beer and wine for off-premises consumption in conjunction with an existing service station in the General Conunercial (C-G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Alcoholic Beverage Sales -Off-Sale). 2. That the expanded convenience market and beer and wkne sales would not adversely affecC the adjoining commercial and residential land uses and the growth and development of the area in which it is proposed to be located because all business activities would remain inside the building. PC2008-111 3. That the size and shape of the site for the service station and convenience market operations 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 all sales and operations, with the exception of fuel dispensing, would remain inside'the building. 4. That the traffic generated by the service station would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the service station is consistent with the types of commercial uses along East Street. 5. That this property is located within Reporting District 1426, which has a crime rate oF3 percent below the City average. This property is also located within Census Tract No. 864.04 which has a population of 6,217. This census tract allows for four licenses and there are currently four licenses in the tract. Since the requested beer and wine license will create an over concentration of ABC licenses in the census tract, a determination of public convenience or necessity will be required for this request. 6. That there are no schools or public parks adjacent to or within 500 feet of the subject site. 7. That the sale of beer and wine will be an ancillary component of the business and the owner will continue to maintain a convenience store where customers will be able to purchase everyday necessities such as general household products, packaged food products, and hot and cold beverages. 8. That the Anaheim Police Department recommends approval of the proposed sales of beer and wine for off-premises consumption and recommends conditions of approval that are described in Exhibit "B" attached hereto and incorporated by this reference. 9. That no persons indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject request. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW THEREFORE BE [T RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 2008-05327 as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC7,008-75, as adopted in connection with Conditional Use Permit No. 2008-05327, as described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessaryh,prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. _ 2 - PC2008-1 l l 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 Anaheim 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 competentjurisdction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that the applicant is responsible for paying all charges related to the processing of this discretionary case application within I S days of the issuance of the final invoice. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 24, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to meal procedures and may be replaced by a City Council Resolution in the event of an appeal. /-~ A ARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 24, 200$, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, AGARWAL, FAESSEL, RAMIREZ, ROMERO NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: EASTMAN ABSTAINED: COMMISSIONER: KARAKI IN WITNESS December, 2008. [have hereunto set my hand this ~ day of SECRETARY, ANAHEIM PLANNING COMMISSION _ 3 , PC2008-I1 I EXHIBIT "A" CONDITIONAL IISE PERMIT NO. 2008-05327 (TRACKING NO. CUP N0.2008-05386) Q w 0 CV e_® Sourre: Recatled Tracl (daps andlor Oly GIS. Ffease,pole the acwraryls H- I:voia flue Icel. v 62' KENWOOD AVE _ 4 _ PC2008-111 140.51' ROIVINEYA DR EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05327 (TRACKING NO. CUP N0.2008-05386) No. Conditions of Approval Responsible for Monitoring PRIOR TD ISSUANCE OF BUILDING PERMIT' 1 That a detailed landscaping plan for subject property shall be Planning submitted to the Planning Services Division for review and approval. Said plan shall show new planters to be provided around the perimeter of the remodeled building. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission. 2 That a detailed elevation plan shall be submitted to the Planning Planning Services Division for review and approval. Said plan shall indicate that the existing gable roof be screened (by the new parapet wall) from street view. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission. GENERAL 3 That there shall be no exterior advertising or sign of any kind or Police/ Code type, including advertising directed to the exterior from within, Enforcement promoting or indicating the availability of beer and wine. Interior displays of beer and wine or signs which are clearly visible to the exterior shall constitute a violation of this condition. 4 That no display of beer and wine shall be located outside of a Police/ Code building or within five (5) feet of any public entrance to the Enforcement building. 5 That the area of beer and wine displays shall not exceed 25% of Police/Code the total display area in a building. Enforcement 6 That sale of beer and wine beverages shall be made to customers Police/Code only when the customer is in the building. Enforcement 7 That no person under 2l years of age shall sell or be permitted to Police/Code sell beer and wine. Enforcement 8 That beer and malt beverages shall not be sold in packages Police/Code - 5 - FC2008-111 containing less than a six {6) pack, and wine coolers shall not be Enforcement sold in packages containing less than a four (4) pack. No other wine shall be sold in bottles or containers of less than 750 ml. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers shall be prohibited. 9 That the possession of alcoholic beverages in open containers Police/Code and the consumption of alcoholic beverages are prohibited on or Enforcement around these premises. 10 . That the parking lot of the premises shall be equipped with Police/Code lighting of a minimum L foot candle power to illuminate and Enforcement 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. 11 That there shall be no amusement machines, video game Police/Code devices, or pool tables maintained upon the premises at any Enforcement time. 12 That there shall be no public telephones on the property that are Police/Code located outside the building and within the control of the Enforcement applicant. 13 That the gross sales of alcoholic beverages shall not exceed 35 Police/Code percent of all retail sales during any three (3) month period. The Enforcement applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall be made available for inspection by any City of Anaheim official when requested. - l4 That the petitioner shall be responsible for maintaining the area Police/Code adjacent to the premises over which they have control, in an Enforcement orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 15 That the reaz door(s) shall be kept closed at all times during the Police/Code operation of the premises except in the cases of emergency and to Enforcement permit deliveries. Said door(s) shall not consist entirely of a F screen door or ventilated security door. . 6 _ PC2008-111 16 That signs shall be prominently posted at the wine storage and the cash register azea reading: "Wine coolers may be purchased on these premises only in quantities of afour-pack or more." Police/Code Enforcement 17 That the hours of operation for the convenience market shall be Police/Code consistent with the hours as indicated in the application form on Enforcement file with the City of Anaheim Planning Department. The doors to the convenience market shall be locked at 12 a.m. and can be opened at 6 a.m. 18 That subject property shall be developed substantially in Planning accordance with plans and specifications .submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, and 3, and as conditioned herein. 7 - PC2008-11 i 17 That approval of this application constitutes approval of the Planning proposed request only to the extent that is complies with the Anaheim Municipal Zoning Code and any other applicable City, Skate and Federal regulations. Approval does not include any action or findings as to compliance or approval of khe request regarding any other applicable ordinance, regulation or requirement. _ g _ PC2008-111