Resolution-PC 2009-025RESOLUTION NO. PC2009-025
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1 (EXISTING FACILITIES)
AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05395
(1151 NORTH EUCLID STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for a Conditional Use Permit to permit a convenience market with the sales of beer, wiue
and distilled spirits for certain real property situated in the City of Anaheim, County of Orange,
Scate of Califomia, shown on Exhibit "A" aYCacbed hereto and incarporated herein by this
reference.
WHEREAS, the applicant has requested approval of a conditional use permit to
pemtit a convenience market with the sales of beer, wine and distilled spirits pursuant to Code
Saction 18.60 of Che Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public k~earing at the Civic
Center in the City of Anaheim o~ February 18, 2009, at 2:30 p.m., notice of said public hearing
having been doly given as required by law and in accordance wiCh the provisions of the Anaheim
Municipa] 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
tl~erewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf. and after due consideraCion of all evidence and repoRS offered at said
hearing, does find and determine the following facts:
1. That ttae proposed request to permit a couvenience market with the sales of beer,
wi~e and distilled spirits is propezly one for which a conditional use permit is antharized under
Code Section 18.08.030.040.0402 of the Anaheim Municipal Code; and
2. That Che convenience market, as couditioned, will noC adversely affect the
adjoining land uses and the growth and development of the area in which it is located because it
is commercially zoned a~d is located in a commercial reCail center.
3. That the size and shape of the site for the use is adequate to allow the convenience
market in a manner not detrime~Yal to either the particular area or healtl~ and safety as
conditiooed, as the property is located in an existing commercial retail center and conveoience
market will require the same number of spaces as the previous retail tenant.
4. ThaC Che traffic generated by the use of the property as a convenience market, as
conditioned, will not impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area and;
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5. That the granting of the conditional use permit under the conditions imposed will
not be detrimenCal to the health and safety of tbe citize~s of the City of Anaheim.
6. That no one indicated their presence ak said public hearing i~ opposition, and that
no conespondeoce was received in opposition to the subject petition.
WHEREAS, the proposed project falls wiChin the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additiona] environmental
documentation.
NOW, Ti~EREFORE, BE 1T RESOLVED thaC the Anaheim City Planning
Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No.
2008-05395 subject to the conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference, which are hereby foond to be a necessary prerequisike to the
proposed use af the subject property in order to preserve Che heaith, safety and general welfare of
the Citizens of the City of Anat~eim:
BE IT FIJRTHER RESOLVED that this permiC is approved without limitations
on the hours of operaYion or duratioo of use. Amendments, modifications and revocations of this
permit may be processed in accordance with Chapter 18.60.190 (Amendment to Permit
Approval) of the Anaheim Municipal Code.
BE IT FORTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adopYion of this Resolution is expressly predicated upon
applicanfs compliance with each and all of the condiYions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any caurt of competent jurisdicYion, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applica~t is responsible for paying all
cbarges related to the process~ng of Chis discreCip~azy case applicaCion wiChin 15 days of the
issuance of C4e final invoice. Failure to pay all charges shall result in the revocation of the
approval of this applicaYaon.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 18, 2009. Said resolution is s~bject 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 Resolutipn in the event of an appeal.
CHAIlZNE.4N. AWAT~'EIM P~.7~NNIIy~OM1VIISSION
ATTEST:.,
PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAIIEIM )
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 Februazy 18, 2009, by the following vote of the members
Uaereo£:
AYES: COMMISSIONERS: BUFFA, FAESSEL, KARAICI, ROMERp
NOES: COMMISSIONERS: AGARWAL, EASTMAN, RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
Mazch, 2009.
ARY, ANAHEIM PLANNING COMMIS
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EZHIBIT "A"
CONDITIONAL USE PERiVIIT 2008-05395
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Source: Recorded Tract Maps and/or City GIS.
Please note ihe accuracy is +/- {wo to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05395
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MOIVITORING
iER1PR"TQTH~ X55Ll.ANCE:O~'Bill~I?XNGPEItN2TTS `
1 Rooftop address numbers shall be painted on the roof for the Police
police belicopter. The minimum size s6a11 be 4' in height
and 2' in width. The lines of the numbers are to be a
minimum of 6" thick. Numbers should be spaced 12" to 18"
' apart. Numbers should be painted or constructed in a
contrasting color to the roofing material. Numbers should
i face the street to which the structure is addressed. Numbers
ue noY to be visible from ground level.
PRfC7R 1`O FINA L,B, UII.DING AND 201VING INSPECTION .° ->' '".
2 The 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
w9th the Planning Department marked ExhibiY Nos. 1(Site
Plan) and 2{Floor Plan), and as condifioned herein.
~GENERAL"=.QN
~_~
G,QING DURTN~ PROJECT OPL"RAZ'ION'. ;" ~ '~;
3 No required parking azeas shall be fenced or otherwise Planning/Code
enclosed for outdoor storage uses. Enforcement
4 All exterior doors shall have adequaYe security hardware. Police
5 Rear entrance doors shall be numbered with the same Police
address numbers or suite number of the business. Addresses
shall have a minimum letter heig~it of 4 inches.
6 The applicandoperator shall provide a comprehensive Police
' security alarm system for the following:
• Perimeter building and access route
protection.
• High valued storage areas.
• Perimeter fence and security gating.
7 The applicant shall maintain on file an Emergency Listing Police
Cud, Form APD-281, with the Police Department.
8 The applicant shall complete a Burglary/Robbery Alarm Police
Permit application, Form APD 516, and renirn it to Che
Police Department prior to initial alarm acTivation.
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
9 There shall be no exterior advertising or sign of any kind or ' Folice/Code
type, including advertising directed to the exterior from Enforcemenc
within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs
which are clearly visible Yo the exterior shall constitute a
violation of this condition.
10 No alcoholic beverages shall be displayed outside of the Police/Code
building or within five (5) feet of any public entrance to the Enforcement
building.
11 The area of alcoholic beverage displays shall not exceed Police/Code
25% of the toCal display area in a building ~nforceme~t
12 The sales of alcoholic beverages shall be made to customers Police/Code
~only when Che customer is in the buildiug. Enforcement
13 No person under 21 years of age shall sell or be permitted Yo Police/Code
sell alcohol unless under continuous supervision of an adult Enforcemen[
21 years of age or older.
14 Beer and malt beverages in quarts, 2? oz., 40 oz., or similar Police/Code
size containers may not be sold individually and must be Enforcement
sold an multi-unit, prepackaged quantities as delivered from
the distributor.
15 The possession of alcoholic beverages in open containers Police/Code
and the consumption oP alcoholic beverages are prohibited Enforcement
on or around the premises.
16 The parking ]o[, shipping and receiving areas, driveways, Police/Code
circulation areas, aisles, passageways, recesses and grounds Enforcement
' contiguous to buildings of the premises shail be equipped
with lighCiog of a minimum one (1) foot candle power to
illuminaCe and make easily discemible the appearance and
conduct of all persons on or about the parking lot.
AddiCionally, ~the position of such lighting shall ~ot disturb
the normal privacy and use of any neighboring residences.
17 There shall be no amusement machines, video game devices Police/Code
or pool tables maintained on the premises at any Cime. Enforcement
18 There shall be no public Celephones o~ the properCy that are Police/Code
located outside of the building and wiChin the control of ihe Enforcement
'! applicant.
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19 Wine s~all not be sald in bottles or containers smaller than Police/Code
750 ml. and wine coolers shall not be sold in packages Enforcement
containing less than a 4 pack.
20 Extensions for further time to complete conditions of Planning
approval may be granCed in accordance with Section
18:60.170 of the Anaheim Municipal Code.
21 That timing for compliance with conditions of approval may Planning
be amended by the Planning Director upon a showing of
good cause provided (i) equivalent Yiming is established that
satisfies the orip nal intent and purpose of the condition(s),
(i9) the modificakion complies with the Anaheina Municipal
Code and (iii) the applicant has demansirated significant
progress toward establishment of the use or approved
development.
22 li Approval of this applicaYion constituCes approval of the Planning
' proposed request only to the extent that it complies with the
'~~ Anaheim Municipal Zoning Code and any other applicable
Caty, State and Federal regulations. Approval does not
i include any action or Pindings as to compliance or approval
of the request regarding any other applicable ordinance,
regulation or requirement.
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