Resolution-PC 2009-008RESOLUTION NO. PC2009-008
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1(EXISTING FACILITIES), AND APPROVING
CONDITIONAL USE PERMIT N0.2008-05359
(1000 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2008-05359 to exchange and upgrade the ABC license
for an existing legal non-conforming convenience market from a Type 20 license to a Type 21
license for certain real property situated in Che City of Anaheim, County of Orange, State of
California, shown on Exhibit "A", attached hereto and incorporated herein by this reference.
WHEREAS, this property is currently developed with a convenience market within the
General Commercial (C-G) zone, and The Anaheim General Plan designates this property for Mixed
Use land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 21, 2009, at 2:30 p.m., notice of said public hearing having been duly
given as required bylaw 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 request and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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:
i. That the requesC to permit the sales of beer, wine and distilled spirits (Type 21 license)
in conjunction with an existing convenience market in the General Commercial (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 proposed beer, wine and distilled spirits sales would not adversely affect the
adjoining commercial and residential land uses and the growth and development of Che area in which it
is proposed to be located because all business activities would remain inside the building.
3. That the size and shape of the site for the existing convenience market is adequate to
allow the full developmenC 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 al] sales and operations would remain
inside the building.
4. That the traffic .generated by the convenience market would not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area because
the convenience market is consistent with the types of commercial uses along Lincoln Avenue.
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5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. That no persons indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical Exemptions,
Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore,
exempC from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby approve Conditional Use Permit No. 2008-05359 subject to the conditions of approval
described 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 subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
hours of operation or duration of the use. Amendments, modifications and revocations of this permit
maybe 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 Chat the Anaheim City Planning Commission does
hereby fand and deternune Chat 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 the applicant is responsible for paying al] charges
related to the processing of this discretionary case .application within 15 days of the issuance of the
final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of January 21, 2009. Said resolution is subjecC to the appeal provisions set forth in Chapter 18.60
"Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
~-, . J
CHAIRMA AN HEIM PLAT INI CZ~MMISSION
ATTEST:
SENIOR SECIFETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior 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 21, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: KARAKI, AGARWAL, FAESSEL, EASTMAN, ROMERO,
RAMIItEZ, BUFFA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ?~ day of
January, 2009. ', (~ ,~
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EXHIBIT "A"
CONDITIONAL USE PERMIT N0.2008-05359
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EXHIBIT "B"
CONDITIONAL USE PERMIT N0.2008-05359
RESPONSIBLE
FOR
NO CONDITIONS OF APPROVAL MONITORING
:GENERAL
That no alcoholic beverages shall be displayed outside of the
1
building or within five (5) feet of any public entrance to the police/Code
building. Enforcement
That there shall be no exterior advertising or sign of any kind or
type, including advertising directed to the exterior from within,
~ promoting or indicating the availability of alcoholic beverages. Police/Code
'" Interior displays of alcoholic beverages or signs which are Enforcement
clearly visible to the exterior shall constitute a violation of this
condition.
3 That the area of alcoholic beverage displays shall not exceed Police/Code
25% of the total display area in a building. Enforcement
4 That the sales of alcoholic beverages shall be made to Police/Code
customers only when the customer is in the building. Enforcement
That no person under 2i years of age shall sell or be permitted police/Code
5 to sell alcohol without someone 21 years of age or older
present. Enforcement
That the sale of beer .and malt beverages in quantities of quarts,
6 22 oz., 40 oz., or similar size containers is prohibited. No beer Police/Code
or malt beverages shall be sold in quantities of less than six per Enforcement
sale.
That wine shall not be sold in bottles or containers smaller than
7
750m1. and wine-coolers must be sold in manufacturer pre- police/Code
packaged multi-unit guantities. Enforcement
That the possession of alcoholic beverages in open containers police/Code
8 and the consumption of alcoholic beverages are prohibited on
or around the premises. Enforcement
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RESPONSIBLE
FOR
NO, CONDITIONS OF APPROVAL MONITORING
That the parking lot of the premises shall be equipped with
lighting of a minimum one (1) foot candle power to illuminate
9 and make easily discernible Che appearance and conduct of all Police/Code
persons on or about the parking loC. Additionally, the position EnforcemenC
of such lighting shall not disturb the normal privacy and use of
any neighboring residences.
10 That there shall be no amusement machines, video game Police/Code
devices or pool tables maintained on Che premises at any time. EnforcemenC
That there shall be no public telephones on the property that are police/Code
11 located outside of the building and within the control of the Enforcement
applicant.
ThaC the business owner shall be responsible for maintaining
free of litter the area adjacent to the premises over which they
have control, in an orderly fashion through the provision of police/Code
12 regular maintenance and removal of trash or debris. Any Enforcement
graffiti painted or marked on 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.
i That the rear door(s) shall be kept closed at all times during the
13 operation of the premises except in the cases of emergency and Police/Code
to permit deliveries. Said door(s) shall noC consist entirely of a Enforcement
screen door or ventilated security door.
That the subject property shall be developed substantially in
accordance with plans and speciticatons submitted to the City
14 of Anaheim by the petitioner and which plans are on file with Planning
the Planning Department marked ExhibiC Nos. 1 (Bice Plan) and
2, (Floor Plan) and as conditioned herein.
ThaC approval of this application constitutes approval of the
proposed requesC only to the extent thaC complies with Che
Anaheim Municipal Zoning Code and any other applicable
15 City, State and Federal regulations. Approval does not include Planning
any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or
requirement.
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